in imfiKfflfflffl I'ifrn .v fars-well- ff Straff crd THE STATESMEN OF THE COMMONWEALTH OF ENGLAND; I.N ENGLISH HISTORY. BY JOHN FORSTER, OF THE INNER TEMPLE. EDITED BY J, 0. CHOULES. NEW-YORK: PUBLISHED BY HARPER & BROTHERS, No. 82 CLIFF-STREET. 1846. Entered, according to Act of Congress, in the year 1846, by HARPER & BROTHERS, In the Clerk's Office of the Southern District of New-York. TO THOMAS COLLEY GRATTAN, HER BRITANNIC MAJESTY'S CONSUL AT BOSTON, THIS EDITION OP THE LIVES OF THE STATESMEN OP THE COMMONWEALTH Ks Betrfcatetr, WITH SENTIMENTS OP ATTACHMENT AND RESPECT, BY THE EDITOR, History triumpheth over Time, which, besides it, nothing but Eternity hath triumphed over ; for it carrieth our knowledge over vast and devouring space for many thousands of years, and giveth to our mind such fair and piercing eyes, that we plainly behold living now, as if we had lived then, that great world, MAGNI DEI SAPIENS OPUS. ... It is not the least debt which we owe unto History, that it hath made us acquainted with our dead ancestors, and out of the depth and darkness of the earth delivered us their memory and fame. Out of History we may gather a policy no less wise than eternal, by the comparison and application of other men's forepast miseries with our own like errors and ill deservings. WALTER RALEIGH. PREFACE TO THE AMERICAN EDITION. AMERICAN citizens can never be indifferent to the history of the struggles for freedom in the land of their fathers ; and there is no more appropriate study for our youth than a careful examination of the men and measures of that period which constituted the transition state of England, from the oppress- ive reigns of the Tudors and the Stuarts, to the Constitutional liberty which it afterward enjoyed. The close sympathy which was felt by our pilgrim ancestors with Eliot, Hampden, Milton, and Vane, gave an origin to our na- tional existence, and planted the institutions of piety and learning on our shores. The Puritans were the conservators of civil and religious freedom, and to the days of the civil war we are indebted for the assertion of those political truths which we now cherish as our dearest inheritance. The glories of the English nation in the seventeenth century are our rightful patrimony, and New-Englanders, when they indulge a justifiable pride in the patriotism and statesmanship of Adams and Webster, may remember with exultation that they are the guardians of the same precious ark once watched over by Sidney, Russel, and their compeers. The great merit of Mr. Forster's Lives of the Statesmen of the Common- wealth is, that he has afforded a life-like sketch of characters that will con- tinue to appear more extraordinary to those who, by the march of time, are removed farther from the era in which they appeared on the stage of action. I mistake if this volnme does not quicken much thought into activity, for it holds up to view the real life the stirring, glowing, argumentative life of the days of the Protectorate. The thoughtful reader feels that he knows quite as much of the doings in St. Stephens at this period, as he does of the wrangling and personalities in the House of Representatives at Washington ; and if it were possible for old Noll, or Eliot, or Pym to walk our globe again, he would not fail to recognise them. A perusal of this biography compels to the reflection, that faith in eternal verities is as important to nations as to indi- viduals. The strong, earnest faith of England made her revolution at the death of Charles what it was, a blessing, then and forever, while the skepti- cism of France rendered the revolution at the death of Louis a living curse, a widespread damnation. The large sale of this work in America, not- VI PREFACE. withstanding the London edition in five volumes is so costly, affords gratify- ing evidence that the public mind is called out to the investigation of this period of time, and no part of English history is more deserving the profound attention of the " Sons of sires who baffled Crowtfd and mitred tyranny," than the days of Charles I., and the devout, God-fearing, and strong-hearted Oliver Cromwell. A careful revisal has been given to the work, notes have been added, but no alteration has been made in the text of the author. JOHN. OVERTOX. CHOULES. Jane, 1846. THE STATESMEN COMMONWEALTH OF ENGLAND. A DESIRE having been expressed that this portion of a series of British statesmen, originally published in the " Cabinet Cyclo- paedia," should be given to the world in a distinct form, that desire is here complied with. I seize, at the same time, the occa- sion it affords me of soliciting the reader's attention, on the threshold of the work, to some considerations of historical interest that may give greater completeness to its design. It is scarcely possible without some such general view as history will rarely give of the social, political, and re- ligious influences which, in their gradual action after the Norman Conquest, built up what we call the Constitution of the state to understand the secret of the origin and power of that remarkable race of men by whom, on the awful stage of the old English Revolution, events of such influ- ence to succeeding ages were created and controlled. Any notice of the Saxon period would be foreign to this purpose, save in so far as the revival of the national spirit, after the Norman invasion, brought back the more sturdy features of our old national charac- ter with the better portions of free Saxon usage. As little needful is it to describe from its earlier beginnings the subversion of the feudal system, which gradually de- clined as towns arose, as municipal com- munities were formed, as capital was ac- cumulated, and the arts cultivated with success. It is obvious that, with the en- richment of a mercantile or manufacturing class, the power of an aristocracy must de- crease ; and our country formed no excep- tion to the rule. It will be more important to explain briefly to the reader the secret of that attachment to monarchy, which, without question, continued to prevail throughout the nation at the beginning of the struggle for liberty described in this volume, and a knowledge of which, while it reveals the less obvious difficulties that beset the struggle, and may refine and ex- alt our perceptions of the policy and states- manship of its leaders, marks also, with singular precision, the commencement of Popular Progress in the Norman period of our history. From no principle of passive obedience, but out of the simple instinct of self-pres- ervation, that attachment arose. It is clearly indicated, in its relations both to king and people, in one of the proclama- tions of Henry the Third, first discovered and partly quoted by Sir Robert Cotton. From this we perceive that it was not till majesty had been driven to extremities by the barons that it bethought itself of the expediency of securing the affections of the people ; and we observe farther, that the humble prostration of the commons before the feet of sovereignty had at once its motives and its reward in the assurance of a full and sufficient protection against the great lords. A common enemy had, in fact, made common cause between the highest and lowest states of the realm, and the dormant political rights of the peo- ple were suddenly roused into action on behalf of the endangered security at once of people and of king. Gradual advances had been made in law and jurisprudence during the reign of the first in the great line of the Plantagenets, the wise and powerful administration of Henry the Second; the general adoption of juries had given justice to the common- alty, and the institution of circuits had car- ried it to each man's door. The Crusades, too, had served to reawaken the failing spirits of men, had loosened more and more the bondage of the feudal laws, and had opened to the new and enterprising race then peopling our English towns vari- ous and most profitable sources of com- merce with other lands. Nor had a silently growing but very potent influence of a higher nature passed unheeded. The gay resources of religious chivalry implied nobler and more generous offices than the mere relaxation of crusading knights, or conciliation of their lady-loves. They scattered the seeds of a national literature, which, whether tracked through the wan- dering paths of Troubadour or Dominican, sprang up afterward, during the whole period of the thirteenth century, in silent but most significant places. Still had no distinct recognition of the people been heard. The thirteenth century opened, and, as an order of the state, they were still unknown. But about then it was, and not till then, that, happily in one sense, if unsuccessfully V1U HISTORICAL TREATISE. in another, monarchy appealed to them in its despair. It was the weak and power- less John who first stretched out his hands to them, in fear of his barons, and im- plored them to lift up a distinct voice in the arrangement of public affairs. Strange and memorable for all ages were the events that followed. The success of the barons in the struggle was far from a popular suc- cess ; but it was secretly acted upon by those passing, powerful, and silently ex- panding influences to which allusion has been made, and which shaped the mere exclusive claims of a powerful faction, as against their feudal lord, into an uncon- scious but eternal record of general rights, inalienable and imperishable, nor ever af- terward to be denied to even the meanest Englishman. Little known to its framers were the mighty secrets included in the great Charter. Little did they suspect that, under words that were intended to limit the relations of feudal power, many of the grandest equitable truths of polity lay concealed, as though afraid to show themselves till a milder and more auspi- cious day. They denied protection to serfs, and knew not that the swords which gave them that very power of denial had already cut through forever the bonds of English serfdom. They protested against the power of taxation in a prince, while they reserved it in limitation for themselves, ignorant that the formidable principle would bear down the weak exception. They de- manded the regular summoning of a great council to control the king, whether in im- position of new laws or administration of old ; but they dreamed not that within fifty years the mere tenants of the crown, to whom they limited the commons' portion of that council, would almost insensibly yield to the admission of burgesses and knights by the forms of popular election. Of incalculable importance, for these rea- sons, is it to consider this great charter justly. A truth has not its fair side and its foul. A principle is not a convertible thing ; nor could these iron barons of Mer- ton, all-powerful as they were, claim its operation in the one case, and control it in the other. All was not done when their part was done. It was enough for them to have conceived the prudent thought that, when once the rust of the Norman Conquest had been worn out of the souls of men, the various and discordant elements of England could never be moulded into any safe polit- ical form without a distinct admission, however limited, of political privileges to every rank, and a nominal concession, however unfairly hampered, of civil rights of liberty and property to every class. The selfishness in which that thought be- gan has not availed to check the reverence now fairly due to it. It was for future time to purge the selfishness and leave the greatness. It was for a posterity that has heaped upon these men praise they would have trampled on as insolence to demon- strate the inherent force and inexhaustible power of the simple spirit of resistance to irresponsible tyranny, whether lodged in the honest and manly warmth of a peasant's jerkin, or within the harsh and selfish links of a baron's mail. The five centuries that followed the scene at Runnymede were filled with the struggles of freedom, and never, at any new effort, were the provis- ions of that feudal charter appealed to in vain. Even when silent in themselves, the spirit out of which they were born still gave itself forth irresistibly in accents of warning and terror, of strength and con- solation. Whether our thoughts have turn- ed to the terrible death-field of Simon de Montford ; to the gray discrowned head of the second Richard ; to the miserable fate of the first Charles ; to the stakes of Rid- ley and Cranmer, or the as sublime suffer- ings of More ; to the prisons of Eliot or of Marten ; to the scaffold of Strafford or of Vane ; to the glorious fall of Hampden, or the hopeless and irretrievable ascent of Cromwell ; whether our hopes for Eng- lish liberty beat high with the eloquence of Pym, or have been composed to a more sober assurance beneath the wigs of Som- ers, of Danby, or of Halifax, we have yet borne witness, at every new emotion, to the presence of that spirit of MAGNA CHART A. Ignorant of the extent of good which had been thus achieved for them, and still, by the influences I have named, controlling the power of the barons by dint of their superior attachment to the monarchy, the English people found themselves now, with the passage of each successive reign, more and more distinctly recognised as a power and a resource in the government. They were formally summoned to the legislature by John's successor ; many of Henry the Third's writs for their election, directing "the sheriffs to elect and return two knights for each county, two citizens for each city, and two burgesses for every borough in the country," were discovered by Prynne ; and in the reigns of the first and second Ed- wards and their successors, we find them a strong and efficient branch of the state. That the compact was no slavish one by which the popular rights were thus revived and secured, sufficiently appears in a glance at these succeeding reigns. The sturdiest free Saxon need not have blushed, could he have lived them over. In all affairs of peace and war, in the marriages of princes, in a direct control of the domestic govern- ment, and in the formal tenure of the pub- lic purse, the commons of England, even thus early, claimed and accomplished the privilege of being consulted. Their exist- ence once recognised, all else followed in its course. Not a reign passed that did POPULAR PROGRESS. not give them a more decisive position. With the help of the wiser princes, in de- spite of the weaker, THEIR power still grew. In the reign of the first Edward, when so many great improvements in the laws were effected, that the somewhat too lofty title of the English Justinian has been claimed for that prince, they gave the res- idents of the various counties in which, at last, the jury system had been finally con- solidated, the power, which was afterward lost, of electing their own sheriffs. They also claimed at this period a security for free and uninfluenced elections sure evi- dence of a growing importance ; and a re- markable statute, which dates in the third year of Edward, runs in these words : " And because elections ought to be free, the king commandeth, upon great forfeiture, that no man, by force of arms, nor by malice, or menacing, shall disturb any to make free election." The power of the purse was a more formidable claim; but, having wrest- ed it in the weak government of this great monarch's successor, they always after- ward, or at least with rare exceptions, made money supplies conditional, not only that the specific services for which they were voted might be secured, but that, as the voluntary gift of lords and commons, they should not by any pretence be drawn into forced precedents. In Edward the Second's time, we find them voting as a distinct house, apart from the temporal and spirit- ual barons. It is curious and significant, too, to mark in this short reign the com- mencement of the system of government boroughs. Edward the Second's counsel- lors, acting upon a regular plan of strength- ening the regal influence, erected no less than twenty-two new boroughs ; and then it was that the lower house not only claim- ed, in a memorable statute, equal legislative power with the other estates of the realm, but declared that power to be a fundament- al usage of England. " The matters," they said, " to be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded, and established in Parlia- ment by the king, and by the assent of the prelates, earls, and barons, and the com- monalty of the realm, according as hath been before accustomed." Then, too, the great Charter was again confirmed, and with the striking addition of " Forasmuch as many people be aggrieved by the king's ministers against right, in respect of which grievan- ces no one can recover without a common Parliament, we do ordain that the king shall hold a Parliament once in the year, or twice, if need be." Six different statutes in the succeeding reign still more confirm- ed and enlarged its provisions. But the historical student should pause with pride at the name of Edward the Third. During the brilliant fifty years' reign of IX that famous sovereign, seventy Parlia- ments were summoned, and by one of them, which in this may express the spirit of all, it was insisted that the nomination of the chancellor and other great public officers should be committed to itself; a claim which, though tolerated in effect in modern days, would, if formally advanced among us, be condemned as an invasion of regal prerogative. Then, too, was passed one of the most popular laws conceded by any prince, one of the most advan- tageous achieved by any people. This was the statute of treasons, which lim- ited the crime, before vague and uncer- tain, to three principal heads : the conspi- ring the death of the king, the levying war against him, the adhering to his enemies ; and which prohibited the judges, if any other cases should occur, from inflicting the penalty of treason without application to Parliament. Without a struggle, this famous statute was won. For Edward himself, he always conceded freely what weaker sovereigns would have perilled life to hold. He was too wise to mistake in any case a shadow for a substance, and too powerful to fear concessions that had a tendency, without danger to the throne, to conciliate the other authorities of the realm. Peace, therefore, had her victories for him not less renowned than even war. He could compose or amuse his restless lords by a politic foundation of their order of the Garter, as he would propitiate his discon- tented commons by a frank redress of their complaint or grievance. No manlier prince, and none more prudent or successful, oc- cupied the English throne. No influence more brilliant or powerful, or having plain- er tendencies to popular cultivation, sur- vived to a succeeding age. It was Ed- ward's object always to interest men in himself, but for no apparently selfish rea- sons ; to justify his own ambition by the ambition of a common country ; to aggran- dize his own glory, but as the summit of the greater glory of the nation ; and in this he rarely failed. Even his palaces taught something of elevation to his people. The magnificent structures of Westminster Hall and Windsor rank justly with the in- tellectual influences that were then diffu- sed, and, as though an era of so much that was great should not pass without a mark to distinguish it among even the greatest of all future time, the poet Chaucer arose to charm and instruct his countrymen, and, by the purification of their native tongue, to complete the national glory. In the thirty-sixth of the third Edward, an act was passed declaring that the language so en- nobled should be in future used as the lan- guage of legislation. Every advance in intellect, how slight sover, unerringly marks the advance of a people. There are tens of thousands of HISTORICAL TREATISE. listeners for every new thought, all sure to find it in their own good time, no matter where it was first dropped, or in what ob- scure corner lodged. Wicliff lived in this reign. Michael Scot and Duns Scotus had preceded him ; and Friar Bacon had pro- claimed the advent of the true philosophy, as the morning star the day. An imbecile prince succeeded, but the strong or the weak would have been alike powerless in an age upon which such migh- ty agencies as those of the sway of Edward had, in so direct a shape, descended. The beginning and the close of that reign were, therefore, not unworthy of all that had pre- ceded it. The one was marked by a wide revolt of the serf class, and the other by the formal deposition of a rightful king. This last event established on an irremove- able base the political importance of the English people. A king was formally ar- raigned, with at least the nominal co-oper- ation of the constituted authorities of his empire, for treason to the trust reposed in him ; was convicted, and was punished. The terms of " divine right," or indefeasi- ble power," were, from that instant, struck out for ever from the dictionary of the state. " I confess," said that humbled prince, to the men who had sternly and calmly laid down their allegiance, " I rec- ognise, and, from certain knowledge con- scientiously declare, that I consider myself to have been, and to be, insufficient for the government of this kingdom, and for my notorious demerits not undeserving of dep- osition." Nor was the voluntary abdica- tion held sufficient. The houses of lords and commons, in solemn conclave in the hall at Westminster, made Richard the Second's renunciation of his crown their own compulsory act, and, amid the enthu- siastic shouts of thousands of the common people who had there assembled, Henry of Lancaster was conducted to the vacant throne. The popular power was, perhaps, seen and felt in more visible action on that mo- mentous occasion than at any preceding period, even among the Saxons. It was only some years before that the exclusive pretensions of the barons had been inva- ded by admission of regal writs of sum- mons into their hereditary house ; and here they were now themselves inducting a new sovereign to the seat of supreme power, with less guarantee that he would found his future pretensions on the fidelity of their swords, than that he would rest it rather on even those commonest shouts of the people. From such shouts, in which the old Saxon liberty again seemed pealing through the air, there no doubt fell more safety on the ear of even the haughty Bo- lingbroke, than from the clanking armour of the barons who led him to Richard's chair. May we not even realize the thought which is left us by the poet whose genius takes rank with history, and sup- pose the new sovereign of the house of Lancaster, for years before this crowning day, an earnest and suppliant candidate for the popular shouts that now hailed, at last, the downfall of the family of York ] " Ourself and Bushy, Bagot here, and Green, Observed his courtship to the common people. How he did seem to dive into their hearts, With humble and familiar courtesy ; What reverence he did throw away on slaves, Wooing poor craftsmen with the craft of smiles, And patient underbearing of his fortune, As 'twere to banish their affects with him. Off' goes his bonnet to an oyster wench ; A brace of draymen bid . . God speed him well . And had the tribute of his supple knee, With . . ' Thanks, my countrymen ! my loving friends !' As were our England in reversion his, And he our subject's next degree in hope." The first great object of these crafty courtesies attained, they did not cease as soon. Ever watchful, and wary as he was bold, the policy of the aspiring Bolingbroke continued the policy of the English king. The parliamentary authority which had given him power, the popular sympathies which had confirmed his title, were strengthened and promoted by every pos- sible resource during fourteen years of great though still disputed rule. It was natural, in the circumstances of such a reign, that the question of succession should assume paramount importance, but the most enthusiastic student of popular prog- ress is scarcely prepared for the elevated as well as resolute character of the meas- ures it calmly originated. Never, at any period of the reign, was it denied that the right of Parliament to alter the succession was the solid and single claim of the house of Lancaster. Henry's first house of commons asserted that great principle by formally taking on itself to recognise his son as Prince of Wales and heir-apparent to the throne. It was re- vived and confirmed in the year 1404, when the sovereign, all-powerful save in this, solicited and obtained from the Par- liament a permission that the right of suc- cession to the crown should be vested in the prince's brothers, if he himself should die without heirs. In 1406, another and a grander step was taken, by which the most essential principle of popular right was reached and consummated. The com- mons themselves in that year carried up a petition to Henry, limiting the succession expressly to his sons and their heirs male, and obtained its formal enactment. This was, in effect, a precedent for the settle- ment of the crown in after years on the house of Hanover. Other precedents, scarcely less illustri- ous, date from this reign. In the first ses- sion of Henry the Fourth, a law was pass- ed that no judge should be released from POPULAR PROGRESS. the penalty affixed to the sanction of an iniquitous measure, by pleading the orders of the king 1 ; or even the danger of his own life from the sovereign's menaces. In the second year of the reign, that practice, which was afterward one of the strongest bulwarks of popular privilege, was formal- ly insisted on as a right, and a necessary supply was proposed to be withheld from the prince until he had answered a peti- tion of the subject. Three years after this, the king was desired to remove from his household four officers, one of them even his own confessor, who had given offence to the commons ; and Henry, that he might gratify the wishes of his faithful subjects, complied with the request, though he told them that he knew of no offence which the persons complained of had committed. In the sixth year of the same reign, while they voted the king supplies, they appoint- ed treasurers of their own, whom they in- structed to see the money disbursed for the purposes intended, and required to de- liver in regular accounts to the house. In that year, also, new laws to regulate par- liamentary elections attested the rapidly- increasing strength of the commons. An important statute on " the grievous com- plaints of the commons against undue elec- tions for shires from the partiality of sher- iffs," and directing " that the next county court, after writs for Parliament are deliv- ered, proclamation shall be made of the day and place of the Parliament, and that all they that be there present, as well suit- ers duly summoned as others, shall pro- ceed to the election freely and indifferent- ly, notwithstanding any request or com- mand to the contrary" bears date in the year 1406. That was the ever-memorable year, too, in which the House of Commons, having been asked to grant supplies, startled the king with a plain proposal that he should seize all the temporalities of the Church, and employ them as a perpetual fund to serve the exigencies of the state. It is needless to. describe what the Church was then, or the extent to which the enormous and ill-gotten wealth of the regular clergy had at last attained. Its accumulation had been somewhat checked by statutes of mortmain under the first and third Edwards, but these were again eluded by licenses of alienation ; and the hand of a church- man, according to the competent evidence of Bishop Burnet, is particularly famous for the habit of never once letting go what it has once firmly grasped. Equally objection- able with the extent of this wealth was its unequal apportionment. While such ab- bots as those of Reading, or Glastonbury, or Battle lived with the riotous pomp of princes, and passed their days in feasting, thousands of monks were labouring with the lowest poverty, and toiling after the XI loftiest learning. The project of the com- mons included, therefore, a general and reasonable endowment of all the clergy to precede any state appropriation of the enormous surplus of ecclesiastical rev- enues. The argument they urged for it, and returned to again and again with a resolute energy, was, that the exorbitant riches, no less than the too scanty earnings of churchmen, could tend only to disqualify them for performing the ministerial func- tions with proper zeal and attention ; and though they failed in their immediate pur- pose, and had a heretic or two burned in their faces by way of archiepiscopal re- venge, and were dubbed by the higher cler- gy, in scorn, a lack-learning Parliament, they might have felt that, by the very agi- tation of such a question, the seeds were sown of no partial gain for posterity. The feeling it left behind shows the deep im- pression it had made, and in a manner fore- shadows all that followed. " The fat ab- botes swet," says Halle, " the proude priors frouned, the poor friers cursed, the sely nonnes wept, and al together wer nothyng pleased nor yet content." It was in the eighth year of this same great reign, however, that the most striking advance was made towards the freedom of a thoroughly and decisively limited mon- archy. Thirty very important articles were then proposed and conceded for the regulation of the king's household and gov- ernment, and the momentous principle of ministerial responsibility was distinctly set forth in them. Henry was required, and he consented, to govern the realm by the advice of a permanent council ; and this council was, at the same time, obliged, with all the judges and all the officers of the royal household, to take a solemn oath in Parliament to observe and defend the amended institutions. This reformation has been termed, on authority well entitled to respect, a noble fabric of constitutional liberty, hardly inferior to the petition of right. It is vain to say that many of these vast advantages were, in later years, obscured or disregarded. To show that they were once achieved, and that the principle in- volved in them was solemnly recognised and acted on, is to demonstrate all. There are truths in politics as in morals which, when once revealed to the light, no after darkness suffices to obscure. Seeming dead, they yet speak from what men think to be their graves. He who outrages or denies them does so at his own peril ; no common practice will justify him, no pre- cedent absolve him. A king who con- tinued strong enough to rule by the striet right of the Norman Conquest, fairly meas- ured his reign and its immunities by the length and temper of his sword ; but he who surrendered that right to either pray- xii ers or threatenings, and flung back to his people any portion of the freedom which had been theirs before, which was theirs still, and which no act of theirs could waste or alienate, barred himself and his descendants forever from the resumption of a conqueror's claims. The struggle be- tween two such principles as tyranny and freedom, once set on foot, admits no com- promise. A generation of men who have insisted upon certain rights for themselves, cannot, by subsequent indolence or indif- ference, be said to have bargained away those rights from a succeeding generation ; nor, when the theft of a people's liberties has been confessed by one restoration of them to the just possessors, can any prince, into whose violent keeping they may again have fallen, claim exemption from the pen- alties of political crime. The thief and the receiver are classed together by our laws. When Henry the Fifth took up the crown from off his father's deathbed, he said that, as the sword had won it, the sword should keep it still. But in that crown was now implied the popular sanction, and this the generous and impetuous prince well knew the value of preserving. It was not the crown of William the Norman, and the sword that was to keep it did not turn it- self against English breasts. By the splen- dour of foreign conquests, Henry sought to dazzle or propitiate such doubts as were still thought by some to lurk about his title ; but, with the vast majority of his people, none knew better than he that his best se- curity w.as a fair administration of the laws, equitable concessions to his Parliament, and protection to the poor from the op- pression of those above them. As little was he wanting in these, therefore, as in the brilliancy of success in battle, and the year which witnessed the victory of Agin- court completed also, and finally secured, the legislative rights of the English House of Commons. It had been found that the privilege left by the commons to the judges, to clothe in the formal terms of legal language, at the close of each session, the various bills and petitions passed in its course, had open- ed many opportunities to fraud on the part of the lawyers. The usage had originally risen from the desire of the house, in those days of imperfect education, to achieve, as far as possible, brevity and precision in the language of their statutes. In very many cases, however, the judges were discover- ed to have deliberately arrested the pur- pose of the commons to their own ends or those of the sovereign, and to have sub- stituted for popular protection a popular snare. Therefore it was that an act was now introduced and passed, providing that " from this time forward, by complaint of the commons asking remedy for any mis- chief, there be no law made thereupon HISTORICAL TREATISE. which should change the meaning by addi- tion or by diminution, or by any manner of term or terms." A formal and solemn grant, in the name of the king, was at the same time appended to it, stating that from thenceforth nothing " be enacted to be pe- titions of his commons that be contrary to their asking, whereby they should be bound without their assent." The effect was to secure to the house an unrestricted power over everything that belonged to the sacred trust of legislation. What followed was the necessary inci- dent to such a power. Authority, without the means for its sharp and decisive en- forcement, is the most dangerous weak- ness known to a state. The commons claimed, therefore, in the name and for the protection of the people, certain exclusive rights and exemptions needful to the fear- less discharge of the popular trust, to last as long as that trust lasted, and to cease when it was laid down. Among other things, they demanded personal release from such judicial proceedings as might be in danger of impeding parliamentary func- tions. They asserted their right to an ab- solute despotism concerning everything that passed within their own walls. In es- pecial, they solemnly exacted the exclusive jurisdiction of offences, whether committed by their own members or by others, which peculiarly and manifestly tended to impair the powers they held in trust as deputed from the people, and which were, in fact, the people's own, or threatened in any way to obstruct the public duties they were by them called on to discharge. In a word, they achieved what was thenceforward known by the formidable name of PRIVI- LEGE OF PARLIAMENT the shield and buck- ler under whose protection all the battles of liberty were fought in after ages, and by whose assistance they were mainly won. An attempt to drag the adjudication of this privilege into the courts of law followed ; when, in the famous case of Thorpe the speaker, the judges declared "that they would not determine the privilege of the high court of Parliament, of which the knowledge belongeth to the lords of Parlia- ment, and not the justices." It may be safely predicted, that when this privilege is in the smallest degree forfeited or aban- doned, we have lost the best security of true political freedom. When once the deputed privileges of the people are assail- ed successfully, the absolute rights of the people are safe no longer. That Parlia- ments without parliamentary liberties are but a fair and plausible way into bondage, was the saying of one who passed his life in the illustration and enforcement of this and every other truth which could affect the happiness of the English people. First established in practice, as I have thus de- scribed it, by this Parliament of Henry the POPULAR PROGRESS. Fifth and a more enduring honour to tha reign than any of Henry's warlike triumphs it served to herald the way for a yet more tremendous concession to the popu- lar element in the state. It was followed, not many years afterward, by the awfu] right of IMPEACHMENT. The reign of Henry the Sixth began in doubt and disaster, as it continued and closed in bloodshed ; yet it began, too, in a formidable assertion of the independent power of Parliament ; and one of its latest statutes bore testimony to the still increas- ing interest and importance of popular representation. The first thing done after the death of the hero of Agincourt was an alteration of that form of government, during the mi- nority of the young king, which had been settled by Henry's will. Without paying any regard to the latter, the lords and com- mons at once assumed a power of giving a new arrangement to the whole administra- tion. They would not suffer even the name of regent, as implying too much dignity in the state, apart from the individual claims of a king. The title of protector or guar- dian was supposed to express a more lim- ited authority, and this they substituted. In order, also, to limit the protectoral pow- er still farther, they named a council, with- out whose advice and approbation no measure of importance was ever to be de- termined. Nor less striking or decisive than these are what I have referred to as the later evidences of parliamentary power afforded even by this disastrous reign. They lie in the form and preamble 'of a statute " for the due election of members of Parliament in counties." I have noted the rapid precipitation of the fall of the feudal system, and of its great distinctions of tenure, after the concession of Magna Charta. I have described that enactment of Henry the Fourth (one of the first ad- vantages which accrued to the people from the doubtful title of the house of Lancaster) by which clandestine elections were re- strained, and the power given to every freeholder present at the place of election for that seems to be the true construc- tion of the words used, and certainly not any implication of a right of universal suf- frageto give their votes, whether sum- moned or not, freely and indifferently. The statute now passed, while professing to limit this right to a certain extent of freehold, offers a priceless proof, in the very terms of its preamble, of how much the commonest orders of the English peo- ple had in late years risen ; in all that gives the sense of personal power, the knowl- edge of political privileges, the gradual means to estimate them, and, in the end, the strength to win them. This is that famous preamble : " Where- as the election of knights has of late, in Xlll many counties of England, been made by outrageous and excessive numbers of peo- ple, many of them of small substance and value [an expression confirmatory of the above construction of Henry the Fourth's statute], yet pretending to a right equal to the best knights and esquires, whereby manslaughters, riots, batteries, and divis- ions among the gentlemen and other peo- ple of the same counties shall very likely rise and be, unless due remedy be provided in this behalf." Even our greatest anti- popular historian may here feel impelled to exclaim, What an important matter the election of a member of Parliament was now become ! The " remedy provided" was a limitation of the right of suffrage, exclusively settled by the act on such as possessed forty shillings a year in land free from all burden within the county ; and it was a remedy which happily left un- touched the very seat and core of the dis- ease. When a people have once been thoroughly recognised, it is a worse than vain attempt to seek to thrust them back into obscurity. Before describing other passages in this reign, which, in the very centre of all its horrors, its confusions, its desolating streams of blood in field or on scaffold, is to be noted here for its unacknowledged services to civilization and humanity, it will be well to transcribe, from the works of Sir John Fortescue, certain brief passa- ges which, in effect, describe the nature of the settled political advantages achieved before Henry the Sixth's accession. For- tescue was chief justice for many years in this prince's reign ; became his chancellor ; and, having been driven by the civil wars into France, with his royal master's wife and son, employed his leisure in the com- position of learned works, which rendered him, to succeeding times, a great Constitu- tional authority. The chief object of the principal of these was to contrast the po- litical Constitution of England with that of France, and to impress upon the mind of the young prince of the house of Lancas- ter the nature of his legal tenure as a po- itical magistrate in precepts which, it is right to add, Fortescue was not called upon to change when he afterward entered the service of a prince of the house of York. They were precepts recognised by both parties in the nation. This was the " De L,audibus Legum Angliae," the republica- ;ion of which, some years ago, with the earned notes of Mr. Amos now chief commissioner in India, and whose name I can never mention without confessing the warmest and most lasting obligations which a pupil can owe to his teacher conferred an inexpressible benefit on ev- ery student of English history. Its results may be briefly stated before the extracts are submitted to the reader, since their tes- XIV HISTORICAL TREATISE. timony to at least the comparative happi- ness and freedom of all classes of English- men under the Plantagenet rule is strong and incontestable. In France, according to this work and its contents are more than warranted by Philip de Comines the principle of the civil code, that the will of the monarch is law, prevailed, while in England the people lived under the protec- tion of laws of their own enactment. In England they paid taxes of their own im- posing, while in France the people were plundered at the sole discretion of their prince, who at the same time granted the nobility an immunity of taxation, lest he should drive them into rebellion. In Eng- land a man, upon any charge of crime, had the benefit of trial by a jury of his peers, while in France confession was extorted by the rack : " a custom which is not to be accounted law, but rather the high road to the devil." * An independent middle class of society also existed in England, while in France there existed only the two great divisions of a noblesse and a wretched peasantry. In England, in short, the peo- ple lived in reasonable political security, and in circumstances of social comfort ; in France they were in the most debased and most deplorable misery. " A king of England," says Fortescue and he speaks of two hundred years before the sixth Henry, as well as of that prince's time " a king of England cannot, at his pleasure, make any alterations in the laws of the land, for the nature of his govern- ment is not only regal, but political. Had it been merely regal, he would have a pow- er to make what innovations and altera- tions he pleased in the laws of the king- dom, impose tallages and other hardships upon the people, whether they would or no, without their consent. . . . But it is much otherwise with a king whose gov- ernment is political, because he can nei- ther make any alteration or change in the laws of the realm without the consent of the subject, nor burden them against their wills with strange impositions ; so that a people governed by such laws as are made by their own consent and approbation en- joy their properties securely, and without the hazard of being deprived of them, either by the king or any other. ... As the head of the body natural cannot change its nerves or sinews cannot deny to the sev- eral parts their proper energy, their due proportion and aliment of blood, neither can a king, who is the head of the body politic, change the laws thereof, nor take from the people what is theirs by right, against their consent. . . . For he is ap- pointed to protect his subjects in their lives, properties, and laws ; for this very end and purpose he has the delegation of power from the people, and he has no just claim to any other power but this. . . . The stat- utes of England are not enacted by the sole will of the prince, but with the concurrent consent of the whole kingdom, by their rep- resentatives in Parliament. And if any bills passed into a law, enacted with so much solemnity and foresight, should happen not to answer the intention of the legislators, they can immediately be amended and re- pealed, in the whole or in part ; that is, with the same consent and in the same manner as they were at first enacted into a law. . . . By the laws of England the truth of any matter cannot appear to a judge but upon the oath of. twelve men of the neighbourhood where the fact is sup- posed to be done. . . . "What evidence wit- nesses give in must be in open court, in the presence and hearing of a -jury of twelve men, persons of good character, neighbours where the fact was committed, apprized of the circumstances in question, and well acquainted with the lives and con- versations of the witnesses ; especially as they be near neighbours, and cannot but know whether they be worthy of credit or not ; it cannot be a secret to every one of the jury what is done by or among their neighbours. ... A king of England does not bear sway over his subjects as a king merely, but in a mixed political capacity ; he is obliged by his coronation oath to the observance of the laws, which some of our kings have not been well able to di- gest, because thereby they are deprived of that free exercise of dominion over their subjects, in that full, extensive manner, as those kings have who preside and govern by 'an absolute regal power. ... In Eng- land, no one takes up his abode in another man's house without leave of the owner first had. . . . Neither is it lawful to take away another man's goods without the consent of the proprietor, or being liable to be called to an account for it. ... The king cannot despoil the subject without making ample satisfaction for the same ; he cannot, by himself or his ministry, lay taxes, subsidies, or any impositions of what kind soever upon the subject ; he cannot alter the laws, or make new ones, without the express consent of the whole kingdom in Parliament assembled. . . . The inhab- itants of England are not sued at law but before the ordinary judge, where they are treated with mercy and justice, according to the laws of the land ; neither are they impleaded in point of property, or arraign- ed for any capital crime, how heinous so- ever, but before the king's judges, and ac- cording to the laws of the land. These are the advantages consequent from that political mixed government which obtains in England ; and from hence it is plain what the effects of that law are in practice, which some of your ancestors [the treatise is addressed to the chancellor's pupil, Hen- ry the Sixth's son], kings of England, have POPULAR PROGRESS. endeavoured to abrogate. . . . That mus needs be judged to be an hard and unju law which tends to increase the servitude and to lessen the liberty of mankind ; fo human nature is evermore an advocate fo liberty. God Almighty has declared him self the God of liberty ; this being the gif of God to man in his creation, the other is introduced into the world by means of his own sin and folly ; whence it is that ev erything in nature is so desirous of liberty as being a sort of restitution to its primi live state : so that to go about to lessen this is to touch men in the tenderest point It is upon such considerations as these that the laws of England, in all cases, de- clare in favour of liberty." Such is the ancient chancellor's testimo- ny to the truth of the popular progress in England, appealed to triumphantly in after years by Cotton, Coke, and Selden, when they first began to fight with the bloodies weapons of moral and intellectual truth, and under the invincible shield of those laws whose nature it was to " declare in all cases in favour of liberty," the great battle of the people. It is simple, manly, plain, and unaffected by any of those preposter- ous doubts and mysteries about prerogative which were started in later days. Be it observed, at the same time, that the advan- tages it so forcibly commemorates did not by any means at once embrace within their sphere all the various classes that were soon after known by the name of the peo- ple. Even while Fortescue wrote, a vast body of mere men-at-arms and feudal re- tainers, of peasants and of vassals, re- mained to be merged into that recognised class ; but it is no Jess certain that a larger admission of these within the constitutional pale was effected by circumstances be- tween the accessions of Henry the Sixth and Henry the Seventh than in any pre- vious age. This period divides itself into two epochs. The first comprises the melancholy con- duct and ignominious close of the second war for the establishment of the Planta- genets in France. But, as in the affairs of men, it is often with the business of nations, that there is a providence which shapes our ends, rough-hew them how we will. Every leaf that was lost from the laurels of Hen- ry the Fifth was a security gained for the internal welfare of England in the rule of his successors ; for by the loss of the last, in which, with such apparent ignominy, the contest ended, all projects of territorial aggrandizement on the European Continent were happily ended also, and with them those accessions to the power of conquer- ing kings that were incompatible with a moderate system of political liberty, as well as that attention given to desired ac- quisitions abroad which had become incon- sistent with a due regard to the subject's interests at home. The second epoch in- cludes the wars of the white and red Roses, and to this it is more important to direct the attention of the reader. The dispute of the rival houses of York and Lancaster implied at its origin the popular acquiescence and assistance in a change of regal succession, and it exerted a proportionate influence on the political position of the people. When the barons of the Yorkist party revived the dispute in a more bloody form after that temporary insanity of Henry the Sixth, into which his constant imbecility, aggravated by ill- ness, had driven him the influence it ex- erted, though in another form, was of a character still more beneficial. It at once engaged the two great aristocratic factions in a self-exhausting struggle, while it ena- bled, in the interval, a great mass of the people, who stood almost quite aloof from the contest, to improve largely, not only by the exhaustion of the strength of their noble adversaries, but by their own plebeian suc- cesses in commerce and the arts, the pow- ers and rights of the commonalty of Eng- land. There is not a matter of more curious ontemplation in our history than these wars of the white and red Roses. They raged only upon the surface of the land ; the peaceful current beneath ran on as Deacefully as before. No burnings, no jlunderings, no devastations, reached the ;owns. When we look within the latter 'or evidence of the desolating strife which was deluging the country round in blood, we behold commerce increasing ; the arts thriving ; schools for education in progress Rafter the first endowments in London in he twenty-fifth of Henry the Sixth, the bundation of grammar schools increased rapidly everywhere) ; and, in the only sign of outward danger, a still surer symbol of 'nner and lasting safety, since the town combinations against possible outrage from the barons took the form of guilds, of cor- jorations, and of those other municipal safeguards which now for the first time arose in the Norman period, and which are he schools, or small republics, in which a jeople are best taught not only the art of elf-government, but its priceless value, its ndependence, and its honour. The few egislative enactments of this singular pe- iod, passed when parliaments were at lei- ure from raising or putting down the rival overeigns, sufficiently prove the impor- ance into which commerce had risen. It s unfortunate that they do not also prove knowledge of its true interests, or of the means of best promoting them. It was a parliament of Edward the Fourth which fter confirming the statutes of the fourth, fth, and sixth Henries, with the impolitic nd dangerous distinction of " late, in fact ut not of right, kings of England" pro- XVI hibited the importation of foreign corn ; and it is an unhappy circumstance that the idea of a people being ruined by making their food too cheap did not remain the peculiar property of the fifteenth century. It was in parliaments of Edward the Fourth and Richard the Third that importations of foreign manufacture were forbidden, where the like articles could be produced at home. And it was by Richard the Third himself that the practice of extorting mon- ey from merchants and citizens, on pre- tence of loans and benevolences, was abol- ished, for which the usurper has obtained the honourable praise of Lord Bacon " as a prince in militar virtue approved, jealous of the honour of the English nation, and likewise a good law-maker for the ease and solace of the common people." But even the lowest ranks of that com- mon people the common men-at-arms themselves were able, out of these wars of York and Lancaster, to snatch a way to rise in. Their actual loss of life in the struggle was nothing in proportion to that of their chiefs ; and the result of the final victory was such as mainly to withdraw their services from the aristocracy, and at- tach them to the people and the king. When Stowe tells us of the battle of North- ampton, he adds, that " the carles of Marche and Warwecke let cry, thorow the field, that no man should lay hand upon the king, ne on the common people, but on the lords, knights, and esquires." When we read of the results of the battle of Bosworth, we find victory in the hands of Henry and the smaller baronial faction of the Lancas- ters, and observe the instant commence- ment of a system by which the preponder- ating Yorkist aristocrats were sought to be depressed, by which severe statutes against the farther prevalence of armed retainers were freshly enacted or revived, restrictions on the devising of land, in effect, removed, and all things directed towards an ultimate transfer of the old baronial strength into new and, as it was supposed, less formidable channels. Large numbers of the baronial vassals took refuge in the towns, increasing their power and privi- leges ; large numbers, unhappily, still re- mained upon the soil ; and these, no longer necessary for the shows of pomp or the realities of war, suffered the worst horrors of destitution, were driven to its last re- sources, became incendiaries or thieves, overran the land as beggars, and, in the end, rendered necessary that great social change which took the name of a Poor Law in the reign of Elizabeth. With the battle of Bosworth Field the civil wars were finally closed, and with them the illustrious line of the Plantagenets. The pretensions of York and Lancaster were compromised by Richmond's marriage with the heiress of the house of York ; and in HISTORICAL TREATISE. the person of Henry the Seventh the line of the Tudor princes assumed sovereign rule in England. The strife had lasted up- ward of thirty years ; twelve great pitched battles had been fought in it ; eighty prin- ces of the blood had fallen ; the ancient nobility had been almost entirely annihi- lated ; and in the renowned and powerful Earl of Warwick who was said to have daily feasted at his board, in the different manors and castles he possessed, upward of thirty thousand persons there had fall- en the greatest and the last of those mighty barons by whom the crown had in former times been checked and overawed, and in whom, less happily, a serious obstruction had always existed to the political ad- vancement of the mass of the people. Such, indeed, had been this deluge of noble blood in the field or on the scaffold, that Henry the Seventh could find only twenty- eight temporal peers to summon to his first Parliament ; and such the change effected by it, in a political sense, on the manage- ment of public affairs, that the accession of the first Tudor is considered the origin of the modern system, and from it the con- stitutional historian of England has dated the compiencement of his history. It is n,t in itself, however, but by pecu- liar accidents alone, entitled to this distinc- tion. The time at which Henry the Sev- enth ascended the throne marks the exact date, not only of the revival of ancient lit- erature, but of the time when the old Con- tinental system was broken up, and founda- tions laid for the modern political arrange- ment of the European commonwealth. His reign itself includes a period of transi- tion which will be lastingly memorable, not in the annals of England only, but in the history of the world. Great things had been begun, but their completion was wait- ed for ; great men had risen, but the great- er, of whom they were the heralds, had yet to come. I have described the rise of an industrious commercial class, but not the discovery of a new continent and of East- ern commerce. The mariner's compass had guided the eager and adventurous Portu- guese to distant points of Africa, and to regions more profitable still ; but there was also living one calm and courageous Span- iard, by whom a new world was about to be disclosed to the rising hopes or the fail- ing energies of the old. The printing-press of Gutenberg had begun to reveal its might and its mysteries, but William Caxton's was yet silent. Wicliff had taught great doctrines, but the name of Luther was still unheard. The monks had tortured Roger Bacon, and Francis Bacon had not risen to torture the monks. What an entire world of intellect lives within these last two names alone. What far-extending views of philosophy and rea- son. What an elevation of the hopes of POPULAR PROGRESS. rvn men, and a sharpening of the intellect to achieve them, may be said to have gone forth from the grave of the first of these daring philosophers. A final verdict was then passed against the tricks of Church impostors, against the pretences of magic, against the delusions of abstract reason, against all the bad devices by which craft and hypocrisy are from age to age sustain- ed. It seems a simple thing to have said that no man could be so thoroughly con- vinced by argument that fire will burn as by thrusting his hand into the flames ; yet there lay the ominous germe of that Baco- nian philosophy which taught the vast su- periority of one simple interrogation of na- ture, by actual experiment, over all the cobweb quibbles of all the schools. It is as easy now to laugh at the brazen head of Friar Bacon, as it was easy in his day to invent the story, or to bury the philosopher himself for upward of twenty years in the living grave of a convent prison ; but let the more thoughtful reader imagine what the effect must have been of only one half page of the first circulated " Epistola" of this astonishing genius, as I shall quote its translation here, communicated, as it ne- cessarily was, to many active spirits of the time ; and communicated, not as a tale of wonder or of prodigy, but as the simple revelation of science; not as a mystery of secret and miraculous art to astonish or amuse mankind, but as an honest and plain announcement of the wonders nature had in store for all who could be excited and'en- couraged to a vigorous search after knowl- edge. " I will mention," he says, " things which may be done without the help of magic, such as, indeed, magic is unable and in- capable of performing ; for a vessel may be so constructed as to make more way with one man in her than another vessel fully manned. It is possible to make a chariot which, without any assistance of animals, shall move with that irresistible force which is ascribed to those scythed chariots in which the ancients fought. It is possible, also, to make instruments for flying, so that a man sitting in the middle thereof, and steering with a kind of rud- der, may manage what is contrived to an- swer the end of wings, so as to divide and pass through the air. It is no less possi- ble to make a machine of a very small size, and yet capable of raising or sinking the greatest weights, which may be of in- finite use on certain occasions, for by the help of such an instrument, not above three inches high, or less, a man may be able to deliver himself and his companions out of prison, and to ascend or descend at pleas- ure. Yea, instruments may be fabricated by which one man shall draw a thousand men to him by force and against their will, as also machines which will enable men to walk without danger at the bottom of seas and rivers." It was not a mere matter of accident that a friar so wonderful should have risen at such a time. In the still and wearied pause which had followed a storm of strife, and before these intellectual influences appeared in action on the scene, the first Tudor began his reign. It is useless to disguise the fact that, notwithstanding many great principles asserted and advantages achieved, it was not, in its immediate course, favourable to liberty. But a distinction of vast impor- tance is, at the same time, to be carefully noted. The defection from popular prog- ress did not lie with the people themselves, but with their natural leaders in the state, the House of Commons. Risings in the commonalty were frequent, remonstrances in the commons were few. In the early years of the reign Henry appealed directly to the country for a loan, leviable at a cer- tain rate, but was flatly refused it. In a Parliament of a few years later he found more compliances The truth was, that, relatively to what is called the state, cir- cumstances had thrown an overbalance of power into the hands of Henry, while to the mass of the people these very circum- stances rendered him the unconscious in- strument of transition and of progress. Nor less was this the destiny of all, the Tudors. The position they occupy in his- tory, and the rights they exercised, were peculiar to a great social mission which began and ended with their race. Lord Bacon has pronounced the laws of Henry the Seventh to be " deep, and not vulgar." They were not vulgar, but it may be fairly made a question if they were very deep ; just as Henry himself was by no means a great man, and yet very far from a little one. The act which worked most permanently and for great results, was one from which nothing but the most tempora- ry advantages seem to have been originally contemplated ; and it is a question whether the first idea of it is due to Henry the Sev- enth or to Richard the Third. This was the statute of Fines, as it is generally call- ed ; the act out of which arose greater fa- cilities of alienating entailed lands, and which has therefore been ascribed to Hen- ry's sagacious and politic desire still far- ther to reduce the aristocratic influence, and divert it into new channels. Here, how- ever, as in other things, there cannot be a doubt that the king was quite unconscious of the mighty change he was the means of effecting. He knew it as little as that the new powers he first gave to the old Con- silium Regis would in after years, under the name of the Star Chamber, strike, by their vicious uses, at the very heart of the monarchy itself. That a more direct power of alienation was never aimed at by the framer of this XV111 HISTORICAL TREATISE. statute of fines, will appear from a brief mention of the state of the law at the time. Edward the First's act, De Donis Conditio- nalibus, had declared that lands given to a man and the heirs of his body, with re- mainder to other persons, or reversion to the donor, could not be alienated, either from his own issue or from those who were to succeed them by the possessor for the time being ; but the courts of justice in subsequent reigns made many strong ef- forts to relax the strictness of these en- tails, not out of any hatred to them on the score of principle, but rather because they had been also held incapable of forfeiture for felony or treason ; and ultimately, in the reign of Edward the Fourth, the judges held, in the celebrated case of Taltarum, that a tenant in tail might, by means of an imaginary device of law, which was term- ed suffering a common recovery, divest all who were to follow him of their succes- sion, and become absolute owner of the fee simple. This unwarrantable stretch of judicial authority having been recog- nised, and often acted upon afterward, the intention of Henry the Seventh's statute was merely to throw greater obstructions in the way of those suits for the recovery of lands, which the recent civil turmoil had rendered very frequent, by establishing a short term of prescription. Its effect, at the same time, was to give a great impulse and a more decided efficacy to the power of alienation. It enacted, on the old prin- ciple of favouring possession, that a fine levied with proclamations in a public cour of justice should, after five years, be a bar to all claims upon lands. The history of the House of Commons in this reign is not to be contemplated with out pain and sorrow, natural as, perhaps it was in the new position of the king, anc necessary to what followed in the govern ment of his successor : yet it passed two statutes which are not undeserving of hon curable mention. The first was that of Henry's settlement, which " ordained an enacted by the assent of the lords and at the request of the commons, that the inherit ance of the crowns of England and France and all dominions appertaining to them should remain in Henry the Seventh and th heirs of his body for ever, and in none oth er." These words are admirably fitted fo the occasion. The reader need not be re minded that, though Henry was the only surviving heir of the house of Lancaster, the illegitimacy of the ancestor from whom he derived the inheritance precluded its asser- tion as a just right. This, therefore, is artfully avoided in the words quoted, which, while they neither assert nor contradict the pretensions of lineal descent, are fra- med with a view to the creation of a par- liamentary title. At the same time, how- ever, a marriage with the only surviving ssue of Edward the Fourth was forced pon Tudor, as though the house really ared to see a " spectre of indefeasible ight standing once more in arms on the omb of the house of York." The other tatute referred to bore upon this subject Iso, and was framed to place the subject's uty of allegiance on a solid ground of eason and justice. Its language is such is a free people had the right to claim, 't enacted, after reciting that subjects are y their allegiance bound to serve their irince, for the time being, against every )ower and rebellion raised against him, hat " no person attending upon the king and sovereign lord of this land for the time eing, and doing him true and faithful ser- /ice, shall be convicted of high treason, by act of Parliament or other process of law, nor suffer any forfeiture or punishment ; nit that every act made contrary to this statute should be void and of no effect." The latter provision was, of course, idle, since the laws of one generation cannot )ar the legislation of another ; but it shows from what an- earnest and passionate ex- perience of the horrors of disputed alle- giance this act had risen : an experience well justified in later ages, when the stat- ute was appealed to again and again, and too often vainly. The hoards of money amassed by Henry the Seventh through a long and lucky life, with the spirit of an extortioner and the care of a miser, are said to have amounted at his death to a sum that in our days would be tantamount to sixteen millions. With a treasury so enriched, with a title altogether undisputed, with extreme youth and a robust health, with a very handsome person and a more than average intellect, Henry the Eighth succeeded to his father's throne. Events of vast importance to mankind do not steal into the world like thieves in the night, though men seldom recognise, till all is over, the heralds that preceded them. Invisible messengers might they have been, " Horsed on the sightless couriers of the air," that gave the tidings of their coming ; but these were not felt the less, nor the less welcomed : men's souls were stirred, their brains made busy, and their hearts set strongly yearning. Such a ferment was in England long before the voice of Luther was heard from out of Germany. It began with the heresy of Wicliff, a hundred and fifty years before Luther was born. Its workings were at first obscure, but by the light of the fagots that burned the follow- ers of Wicliff they were slowly and sure- ly revealed. The martyrdom of a few of these Lol- lards marks the beginning of Henry's reign. It is not my intention to dwell in detail POPULAR PROGRESS. upon any part of its course. The House of Commons became more servile ; the few ancient lords that remained carried on an ignoble struggle with the new lords Henry created, as to which should surpass the other in servility ; the nation looked on in a strange and uncertain attitude of compli- ance and disgust ; while above all there rose, in the festive, riotous, and burly form of Henry, a power of a kind that had been till then unknown a power of unlimited passion, of unrestricted indulgence ; of dai- ly humours that availed against centuries of right and law ; of caprices and lusts be- fore which intellect was nothing, virtue nothing, life or love nothing ; in whose presence even the genius of Wolsey and of More weighed lighter than dust, and at whose slightest frown the perfect graces of Anne Boleyn changed to a bloody hor- ror. And this power, such and so terrible, existed for a purpose far greater and more lasting than its cruelties or crimes could be. and therefore it was permitted to exist. Be it only kept in mind that with the polit- ical Constitution of England it had no natu- ral alliance or connexion, and that with the Progress of the People it only became iden- tified by the vast results for which Provi- dence suffered its continuance during a space of forty years. Twelve of those years had passed when Martin Luther appeared before the diet at Worms and flung defiance at the pope. The nations of Europe were not unprepa- red for this, even from an obscure and ap- parently powerless monk. Gregory the Seventh's vast structure of theocratical power had long been broken down, and the various popes after his time, who made such strenuous efforts to excommunicate each other, had been more successful in excommunicating from popular deference or respect the faith which they professed. " Brother Martin has a fine genius," said the dainty and dilettanti Leo, " but these are the squabbles of friars." They were the muttered thunders of nations. England was lying in wait to swell the sound ; the world was ripe to echo it. The civil gov- ernments of Europe had long impressed upon the governed that there was some- thing rotten in them all. A new interest was wanted to engage and elevate men's hearts and souls. Nothing in which the higher nature or faculties of men could participate seemed to be going on in any part of Europe. What was Italy with its Cambray leagues ? What Spain and its Cor- tes under Ferdinand and Isabella, or their successors ? What was France with its States-General under Louis the Twelfth 1 What England, with its degenerate House of Commons, in waiting on the lusts of Henry ? The same word suffices for all. The whole was a cheat which men, with- out resistance, could endure no more. xix Henry himself was one of the first to re- sist Luther, not the pope. This only marks the more truly what a mere brutal instrument he was a mass of passion and will that were convertible for other uses, and in which even the grossest and most indecent inconsistency was suffered to take the shape of power. The title of Defender of the Faith, conferred upon him by Leo, he turned into a battering-ram against Clement. With it he even propitiated large masses of the moderate Catholics in Eng- land who did not pin their doctrines impli- citly to the skirts of the Roman See, but were ready to offer homage to a new pope in the person of Henry himself. This was, in fact, Henry's own most pas- sionate desire. It was well that it was so, or Protestantism might never have been es- tablished as it was in his great daughter's reign. He had himself no regard for the truth in anything he did. The Gospel light as little beamed on him from Boleyn's laughing eyes, when she was about to mount his bed, as from her serene and pa- tient look when she was about to mount his scaffold. The Gospel light has nothing to do with lust, has no sympathy for satis- fied cruelty, takes no regard of personal interests, sheds no virtue upon ambitious passions, and could find in the whole huge bulk of Henry not a crevice or a corner into which it might cast even one of its di- viner rays. Yet who, save Henry, could have done what the time cried out for? What, save his reckless brutality, could have discharged that painful but impera- tive work? Who could so have thrust down the monasteries, and hunted out the priests 1 W T ho would have dared, save he, to cram his own exchequer with their enor- mous revenues? Above all, what prince or priest, acting sincerely as a reformer of the faith and a champion of Luther's doc- trines, could have done what was abso- lutely needful at the first flinging down of the national allegiance to Rome : could have kept in resolute check both Protest- ant and Catholic ', could have persecuted with an equal hand the Romanist and the Lutheran; could have passed as an adhe- rent to Catholic doctrines while he spurn- ed the papal authority, and have loudly de- clared his passion for transubstantiation, while he still more loudly shouted forth his abhorrence of submission to a court at Rome. Be it assuredly believed that all was more wisely ordered than the mere wisdom of ordinary policy could presume to have foreseen. This broad and vicious body of Henry the Eighth was as the bridge between the old and the new reli- gions. It is fearful, but not unsalutary, to cast a parting glance at it after its great work upon the earth was done. It lay immovea- ble and helpless, a mere corrupt and bloat- HISTORICAL TREATISE. ed mass of dying tyranny. No friend was near to comfort it ; not even a courtier dared to warn it of its coming hour. The men whom it had gorged with the offal of its plunder hung back in affright from its perishing agonies, in disgust from its ul- cerous sores. It could not move a limb nor lift a hand. The palace doors were made wider for its passage through them ; and it could only then pass by means of machinery. Yet to the last it kept its ghastly state, descended daily from bed- chamber into room of kingly audience through a hole in the palace ceiling, and was nightly, by the same means, lifted back again to its sleepless bed. And to the last, unhappily for the world, it had its hor- rible indulgences. Before stretched in that helpless state of horror, its latest victim had been a Plantagenet. Nearest to itself in blood of all its living kindred, the Count- ess of Salisbury was, in her eightieth year, dragged to the scaffold for no pretended crime save that of corresponding with her son, and, having refused to lay her head upon the block (it was for traitors to do so, she said, which she was not), but mo- ving swiftly round, and tossing it from side to side to avoid the executioner, she was struck .down by the weapons of the neigh- bouring men-at-arms ; and while her gray hairs streamed with blood, and her neck was forcibly held down, the axe dischar- ged, at length, its dreadful office. The last victim of all followed in the graceful and gallant person of the young Lord Surrey. The dying tyranny, speechless and incapa- ble of motion, had its hand lifted up to affix the formal seal to the death-warrant of the poet, the soldier, the statesman, and schol- ar; and, on the "day of the execution," according to Holinshed, was itself " lying in the agonies of death." Its miserable comfort, then, was the thought that youth was dying too ; that the grave which yawn- ed for abused health, indulged lusts, and monstrous crimes, had in the same instant opened at the feet of manly health, of gen- erous grace, of exquisite genius, and modest virtue. And so perished Henry the Eighth. Not so perished all his passions, or the penalties which are exacted for them in this world. He left children who inherited both, and pursued each other with an un- natural hatred. The legitimacy of Mary branded Elizabeth as illegitimate ; the le- gitimacy of Elizabeth affixed a stain on the birth of Mary ; and both were subject to that stain in the presence of their brother Edward. It had been made treason to hold the marriages both of Catharine of Arragon and Anne Boleyn to be legal ; treason to hold the children by those marriages ille- gitimate ; treason to be silent on the sub- ject ; and treason to refuse to take an oath upon it when required. One statute disa- bled Mary from the succession to make way for Elizabeth ; another set aside Eliz- abeth to make room for Edward ; a third, in raising that prince to a settled superior- ity in law, confirmed both his sisters in the imputation of disgrace. What but misery and hate could follow all this ! And hate and misery followed hard indeed. Mary was thirty-two years old when her father died ; Elizabeth was fourteen ; Edward scarcely nine. What wonder that the per- secution of Mary by the authority of her boy-brother tended to change into gall the distempered blood she had inherited] or that the after persecution of Elizabeth by Mary forced forth the less loving qualities of that greater woman Tudor] Very pain- ful is it to contemplate all this, but far more painful would it be to speak in repro- bation of what was vile and cruel, nor care to discriminate the sources to which it owed existence. I have refrained from any remark on the popular progress in the civil government of this reign, apart from the great event of the beginning of the Reformation. A word concerning the House of Commons will yet be not without its use, low as the con- dition was to which it had servilely de- scended. Even in its mean and unworthy office of subserving to the interests and wishes of a tyrant, nobler duties were im- plied ; the idea of higher functions was, at least, never lost ; nor the sense that, how- ever unworthy the immediate agent, it alone could be the instrument, of changes that affected the people. Towards that house the people were still instructed to look for good or evil. They saw it still grant subsidies which could not be raised by any other course ; they saw it still used in the proposal of statutes which, without its consent, could never have been bind- ing. Even the worst infringements of pub- lic liberty were but confessions of its pow- er. When the sole proclamations of Hen- ry the Eighth received, under penalty of fine and imprisonment, the force of stat- utes (" provided they should not be preju- dicial to any person's inheritance, offices, liberties, goods, and chattels, or infringe the established laws"), it was the House of Commons which enacted it; declaring thus that without its authority no royal prerog- ative dared ever soar so high, that with- out its assistance liberty could never have fallen under such a fatal wound. When one fifth of the landed property of the na- tion passed from the possession of its own- ers, it was by the act of the House of Com- mons. When bills of attainder struck down the guilty, or shed the blood of the innocent, still it was from that house they came. The king may have been, indeed, all-powerful, but it was in the omnipotence of the parliamentary authority which had been suffered by base servility to descend upon him. POPULAR PROGRESS. xxi Finally, two direct cases of constitutional advantage were achieved in this reign, of which some mention should here be made. The first was the extension of parliament- ary representation to the entire principal- ity of Wales, on the basis of certain great and important principles laid down in the preamble of the bill which granted it that it is disadvantageous to any place to be unrepresented ; that representation is es- sential to good government ; and that those who are bound by the laws should have a direct influence in the enactment of those laws. All this is distinctly laid down in the thirteenth chapter of the thirty-fourth and thirty-fifth of Henry the Eighth, by which upward of thirty members were ad- ded to the lower house. The second ad- vantage was in support of privilege of Par- liament. A burgess of the name of Fer- rers had been arrested on his way to the house. The sergeant was at once sent with the mace to the prison to demand his immediate release. The sheriffs in whose names the arrest had been made, as well as the jailer who refused to comply with the demand of the sergeant, were subse- quently brought to the bar and punished with imprisonment, while the king himself, in the presence of his judges, confirmed in the strongest manner this great assertion of privilege. Holinshed, who relates the incident, says, in reference to this demand for release of a party from prison at the mere demand of the sergeant of the house, that " the chancellor offered to grant them a writ of privilege, which they of the Com- mons' House refused, being of a clear opin- ion that all commandments and other acts proceeding from the nether house were to be done and executed by their sergeant without writ, only by show of his mace, which was his warrant." In the short reign of Edward the Sixth, the Reformation was really introduced in England, and Protestantism established upon the soil. But the edifice was yet feeble, and was indeed far from comple- tion, when the sudden accession of Mary, on her brother's premature death, over- threw it altogether. The last effort of the Reformers, before that event occurred, may be even said to have constituted the most essential stone of the building; and this was not quite accomplished at its fall. Edward the Sixth, after the example of his father, had been placed in the exact posi- tion of the pope ; and Cranmer, with other bishops, had contented themselves with again taking out the commissions conce- ded to the tyranny of the old king, by which their sees were merely held during pleas- ure. A new scheme of ecclesiastical laws had been drawn up, when the young king was thrown upon his deathbed. One thing is quite certain in any careful consideration of the tendencies of this short 1 reign. The Reformation was pushed on after Henry the Eighth's death much too I precipitately, and the Catholics, in conse- quence, began to recover ground. In vain I did the Princess Mary herself implore to have the exercise of the old religion, to which she clung, conceded to her at home ; in vain did Gardiner and Bonner protest against their unmerited deprivation of lib- erty and property ; in vain did even Heath and Day, worthy and moderate bishops, who had gone as far as the Reformers should have wished, and only stopped where they also should have been content with making a temporary pause in vain did even these solicit charity or justice. Some indulgences there were which Cran- mer and Ridley would have granted, but the young king stood firm against all, and against his sister Mary with an obdurate harshness. Much misery had meanwhile been at- tendant on the new distribution of the Church lands, and insurrections every- where told of want and of despair. The comfortable dish at the convent-door was sighed for again. The blessings of the new faith had not fallen according to the promise. The waverers from the old system began to retrace their steps, the protectors of the new to abate their en- thusiasm. What was it that was wanted, then 1 Something that should display the worst vices of the Romanist faith, the big- otry, the intolerance, the spiritual slavery, the lower deep than that lowest into which conscience seemed threatening to return. And then Mary ascended the throne. Still there was something wanted. A transla- tion of the Bible had for some years been offered for sale in the parish churches, but men seemed yet to need an incentive to its study a light to read it by ; and within two years the fires began in Smithfield. No light of greater efficacy could have been devised to show the moderation of its doc- trine, the gentleness of its wisdom, the all- embracing charities of its love. As hun- dreds perished in the flames, thousands upon tens of thousands began to breathe with ardent hope the name of Anne Bo- leyn's daughter. This is all that need be said of the de- plorable reign of Mary, save an important reference to one or two strong intima- tions of reviving independence in members of the House of Commons. In these the people seemed rising on the scene once more. No sovereign packed that house more sedulously with the creatures of the crown than Mary did. Men of the new faith were driven from the places of elec- tion by force and terror ; foreign gold was distributed in profusion ; pensions and bribes universally rewarded political prof- ligacy ; and a forcible exclusion from the house, even after regular election, was the HISTORICAL TREATISE. xxu common tribute to political honour. With all this, Mary approached her first Parlia- ment in fear. She met them with affected moderation on her lips, though the fever of bigotry already consumed her heart. Nor did the result prove the fear mispla- ced. This first Parliament was speedily dissolved for thwarting her in her mar- riage negotiations. Another was sum- moned, and shared the same fate. Within two years she had summoned three Parlia- ments, which, though subject to heavy re- ; sponsibility for many crimes, are not, in some respects, undeserving of most hon- ourable mention. In respect to the Spanish marriage, for example, nothing could induce them to give way to Mary's passionate desire for Philip, by conceding to that prince a dig- nity which they believed to be incompati- ble with the independence of the English crown, or by conferring a political author- ity upon him which might involve danger to the privileges and laws of the English peo- ple. They gave him, indeed, the empty ti- tle of king, which was due to his own in- dependent rank, and in everything else ex- acted much and gave nothing. Commend- able spirit was also shown in the repeated negotiations concerning the old property of the Church ; and guilty as these Parlia- ments of Mary were in much that has dis- graced them with posterity, it is a memo- rable circumstance to record that a band of patriots absolutely existed in one of them who, having publicly declared that all their efforts to serve the country were unavail- ing in that assembly, and that they would no longer remain to countenance what they would rather curse, openly and deliberate- ly seceded from the house. Mary's at- torney-general filed an information against them, but it was not pursued, and the reign soon after saw its close. Its work had not been left undone. For the ad- vent of Elizabeth, all parties were now thoroughly prepared. The glory of this extraordinary woman's reign was the final uprooting of the Ro- j man Catholic faith, and the establishment of Protestantism. Amid many passions she indulged, and more over which she ex- ercised a great control ; amid many crimes she committed, and many from which she most magnanimously refrained, this has consecrated her memory. It was a policy not restricted to the country which she gov- erned : she championed it throughout the world. All who were carrying on, against overwhelming numbers, the struggle of the new faith in other lands, were taught, not vainly, to appeal to her ; and as it was one of the grand peculiarities of the Refor- mation to have given a new interest to or- dinary politics, by lifting them out of the selfish regions of factious party into the nobler and serener atmosphere of con- science and religion, the English queen, while she deservedly won the fame of a defender of mental freedom, assumed, without desert, to be entitled to the office and the praise of a defender of political freedom also. Nor was this delusion practised unsuccessfully. It lasted for at least the half of her entire reign. The de- lusion was then discovered, and in the other half a difference arose. The political position of Elizabeth at her accession was in all respects very striking. She at once entered on the easy inherit- ance of that estate which the singular stewardship of her father and grandfather had been cultivating and improving for up- ward of seventy years, and, as it might now almost seem, for her use alone. But the tenure of the estate was not less singular than its growth or its extent. Once car- ried to its highest point of cultivation, it was doomed to inevitable and speedy de- cay ; its ripeness and its rottenness must appear together. Elizabeth lived to enjoy the one, and not altogether to escape the other. The state in the first period of her reign] That was Elizabeth. The state in the second period! That was a combi- nation of Elizabeth, the House of Com- mons, the rack, and the scaffold. Her desire and resolve to work out the problem of the political system of her fa- ther and grandfather appeared immediately on her accession. Everything was in fa- vour of the plan. The House of Lords had now no power independent of the crown, for by the sole pleasure and will of the sovereign it had of late existed ; the fear of confiscation and the scaffold on one hand, the hope of influence and Church property on the other, dealt out with a most impartial regard to the regal interest from the steps of the Tudor throne, held that house, from the beginning to the close of the reign, in the humblest subjection to Elizabeth a nullity, a negation in the state. For the House of Commons, there was every reason to suppose that the business of the establishment of Protestantism would so far occupy the members as to leave undisputedly, at the first, a dictation of the main branch of the civil government in the queen's own hands. And this was a just belief; the members were so propitiated. " I have heard of old Parliament men," said Peter Wentworth, from his place in that house, twenty years afterward, " that the banishment of the pope and popery, and the restoring of true religion, had their beginning from this house, and not from the bishops." With regard to the people, it was always Elizabeth's fondest purpose to place herself at their head. The idea which had entered her great spirit seems to have been, that she could fling down every barrier between the sovereign au- thority and the popular allegiance. Her POPULAR PROGRESS. subjects she would have made her children. Her kingdom was to be to her as her own palace. It might be said, even, that she did not so much desire to be a sovereign prince as to be a sovereign demagogue. She would mix with the people, gladly make their interests hers, condescend to their amusements, uphold their prejudices, gossip with them, joke with them, swear with them, but never, on any pretence, suffer them to mount higher than her knee. Their aspiring tendencies she never coun- tenanced. While she patted a mayor or an alderman on the head, she disdained to lift her finger for the support of a Spenser or a Shakspeare. The man of genius found no protection in her. nor did she ever give any direct encouragement to the cultiva- tion of literature. The reverse of this has been stated so confidently and so long, that it is hazardous to replace it by the truth. Sad and sorry as it may be, it is the truth notwithstanding. But the people, in her despite, had their Spensers and their Shakspeares ; they had their translation of the Bible, with its les- sons of brotherhood and charity ; they had their tales of a New World, their lessons from the Old ; they had as free an access to the great literature of the ancient wri- ters as to that of the living and surpassing genius which surrounded them ; they had poetry in thought, and poetry in action ; adventure and chivalry moved in living realities through the land ; and the com- monest people might lift caps, as they passed along the streets, to a Drake, a Sid- ney, or a Raleigh. It was only necessary that the rising influences which marked the accession of the Tudor family should thus appear in full and active operation on the minds of the English people, to sen- tence to a gradual but certain downfall the half political, half patriarchal system of this famous woman, by far the greatest of the race. Discontent directed itself first against the weakest and most ominous quarter. In the year 1570, the institution of epis- copacy in the Protestant Church was openly assailed by the Lady Margaret's professor of divinity at Cambridge. There had been an active discussion going on for some years on matters of minor con- sideration. Tippets had been violently contested, and sad and serious had been disputes on the surplice. But now, to the amazement of the imperious Parker, who had declared that he would maintain to the death these essentials of the new religion, all farther mention of such mat- ters ceased, and the archbishop was sum- moned to maintain to the death neither tippet nor surplice, but the whole ecclesi- astical hierarchy of England. This was sudden, but the people did not seem to be taken suddenly. Cartwright's lectures were as a match to a train, and a formi- dable party of Puritans forthwith started up in England. It was obvious, at the commencement of Elizabeth's reign, that the great danger lay here. It was, of course, an essential feature in the Tudor system, that the frame- work of the ancient hierarchy of Rome should be left untouched. At a time when politics had suddenly become, as it were, only a part and parcel of religion, the idea of unlimited spiritual dominion was too valuable to be surrendered, implying, as by a very simple analogy it did, unlimited temporal dominion also. This dominion, again, by the acts of supremacy and uni- formity, was placed at the absolute use and disposal of the sovereign, who thus formal- ly assumed the cast-off robes of the pope. But such an assumption, even so early, scattered the seeds of discontent in fruitful places. The very Catholics assumed a vir- tue in the eyes of the more pure religious Reformers, when they saw the peculiar nature of the persecution with which the queen indiscreetly visited them, and felt, as in the instance of the Act of Uniformity, that even they themselves would not be able altogether to escape its penalties. It was prohibited by that statute, under pain of forfeiting goods and chattels for the first offence, a year's imprisonment for the second, and imprisonment during life for the third, that a minister should, whether beneficed or not, use any but the established Liturgy ; and a fine was, at the same time, imposed on all who should absent them- selves from church on Sundays and holy- days. The act of supremacy was much more atrocious. It enacted, with what has been truly termed an iniquitous and san- guinary retrospect, that all persons who had ever taken holy orders, or any degree in the universities, or had been admitted to the practice of the laws, or held any office in their execution, should be bound to take the oath of supremacy when tendered to them by a bishop, or by commissioners ap- pointed under the great seal. A praemunire was the penalty for the first refusal ; death, under the pains of high treason, for a second. Not without a manly protest did these statutes pass at the time. " I say," ex- claimed Lord Montagu, in his place in Parliament, " that this law that is pretend- ed is not necessary; forasmuch as the Catholics of this realm disturb not, nor hinder the public affairs of the realm, neither spiritual nor temporal. They dis- pute not, they preach not, they disobey not the queen, they cause no trouble nor tu- mults among the people. ... I do entreat whether it be just to make this penal statute to force the subjects of this realm to receive and believe the religion of the Protestants upon pain of death. This, I say, is a thing most unjust. For that it is repugnant to the law of nature, and all civil XXIV HISTORICAL TREATISE. laws. The reason is, for that naturally no man can, or ought to be constrained to take for certain that which he holdeth to be uncertain. For this repugneth to the natural liberty of man's understanding. For understanding may be persecuted, but not forced. It is sufficient and enough for Protestants to keep possession of the churches, and the authority to preach and excommunicate, not to seek to force and strain men to do or believe, by compulsion, what they believe not ; and not to swear, and to make God witness of their lie." This was spoken in 1562, while, at the same time, Mr. Atkinson vainly adjured the House of Commons with equal eloquence, and as fine a sense of philosophic tolera- tion, to listen to like reason. " Is it not," he asked, " a sufficient punishment for a man that he shall not, by his wit and learn- ing, so long as he continueth a certain opinion, bear any office, or have any coun- tenance in this commonwealth f What better proof can you have of the goodness of the law, that you see, since that time, no great breach of the law ; no seditious congregations, no tumult, but the common peace well kept ? . . . Suppose you that the greatest part will refuse the oath 1 Think you that all that take it change their con- sciences ? Nay, many a false shrew there is, that will lay his hand to the book when his heart shall be far off. Of this hath this house full experience. If men, for trifles, will forswear themselves, it cannot choose but be perilous when their goods, lands, liberties, and lives shall depend upon it. And if men were seditious before, now will they become ten times more seditious. And if any were rebellious before, now will his heart become more rebellious ; for that he is enforced to perjury. . . I beseech you," concluded this admirable speaker, in a tone of prophetic warning, " I beseech you that you will well remember the trust that your country putteth in you ; and, since you have the sword in your hand to strike, be well ware whom you strike. For some shall you strike that are your near friends, some your kinsmen, but all your country- men, and even Christians. And though you may like these doings, yet may it be that your heirs after you may mislike them ; and then farewell your name and worship." The dangers thus predicted fell even more heavily than had been foreseen. The sword struck, and recoiled from the breasts of friends as well as foes. Persecution, insurrection, and the scaffold went on, af- ter Protestantism had been immoveably es- tablished, in a continual round. Not the admirable and devoted attitude of the Catholics on the threatened approach of the armada, when, in that " agony of the Prot- estant faith and name," they flocked in every county to the lord-lieutenant's stand- ard, and implored to be allowed to prove that the national glory of England was dearer to them than their religion itself: not even this abated the severities against them. On the other hand, not even the hatred borne by the purer order of the Re- formers to Romanism and its professors in the slightest degree tended to the toler- ation of Protestant nonconformity. In- deed, the spirit of persecution in the last case was perhaps more keen and personal than in the first. Elizabeth loved, to the latest moment of her life, the gorgeous ceremonials of religion, as she cherished all that placed in subjection to authority the senses and the faith of men. It was with this feeling that she clothed her own bishops in such supreme authority; that she adhered to forms and ceremonies which, but for this, her masculine sense would have put aside in scorn ; that she called in to a constant share in her govern- ment, during its later period, the rack and the scaffold, and bequeathed to her suc- cessors a regal inheritance rotting to its very core. No bishop, no king, was a danger- ous, and, indeed, fatal maxim. Its very form implied not only an endeavour to check the great impulses of the Reformation, but also the possibility of a rebound from that en- deavour which would involve ruin to both bishop and king. And so it proved. Cartwright's lectures at Oxford were fol- lowed by an immediate movement in the House of Commons. A few days after the opening of the session, in the Parliament which met in April, 1571, Mr. Strickland, " a grave and ancient man of great zeal," rose and addressed the house at great length, and with great temper, on the abuses of the Church, and presented a bill for the reformation of the Common Prayer. This was followed, a few days after, by a bill to take away the granting of licenses and dis- pensations by the Archbishop of Canter- bury. The queen, upon this, interfered, in great anger. Mr. Strickland's bills were arrested, and himself too. He was sum- moned before the council, and commanded not to return to the house till their farther pleasure. This was resented with spirit and success ; and Mr. Strickland, in despite of queen and council, resumed his seat next day, when, in the course of a debate on the subject, Mr. Yejverton said, " that all mat- ters not treason, or too much to the deroga- tion of the imperial crown, were tolerable there, where all things came to be con- sidered of, and where there was such ful- ness of power as even the right of the crown to be determined ; and by warrant whereof we had so resolved, that to say the Parliament had no power to determine of the crown was high treason. He remem- bered how that men are not there for them- selves, but for their counties. He showed it was fit for princes to have their prerog- atives, but yet the same to be straitened within reasonable limits. The prince, he POPULAR PROGRESS. xxv showed, could not herself make laws, neither ought she, by the same reason, break laws." He concluded with defending both Mr. Strickland and his bills. Such expressions may well startle the believers in that kind of history which com- pares England and Elizabeth to Turkey and its sultan. But they were not then uttered for the first time in this reign. The political achievements of the days of the elder Henrys and Edwards were not to be so soon forgotten. The^principles implied had been laid down over and over again, though the peculiar crisis of affairs at Elizabeth's accession enabled her, as I have shown, to dispense with them largely in her practice. As early as 1566, Onslow, then speaker of the House of Commons, thus referred to the authority of the com- mon law, in his sessional address to the throne. " For, by our common law," he said, " although there be for the prince pro- vided many princely prerogatives and roy- alties, yet it is not such as the prince can take money or other things, or do as he will, at his own pleasure, without order ; but quietly to suffer his subjects to enjoy their own, without wrongful oppression, wherein other princes, by their liberty, do take as pleaseth them." He next proceed- ed to tell the queen " that, as a good prince, she was not given to tyranny contrary to the laws, had not attempted to make laws contrary to order, but had orderly called this Parliament, who perceived certain wants, and thereunto had put their helping hand." Onslow was at this time the queen's solicitor as well as speaker of the house, and Elizabeth offered no denial to his claims either for the house or the com- mon law. Harrison, who was a writer of some au- thority, used still stronger language a little later in the reign. " This house," he said, referring to the commons, " hath the most high and absolute power of the realme; for thereby kings and mightie princes have from time to time been deposed from their thrones ; laws either enacted or abrogated ; offenders of all sorts punished ; and cor- rupted religion either disannulled or re- formed. To be short, whatsoever the peo- ple of Rome did in their centuriafis or tri- bunitiis comitiis, the same is and may be done by authoritie of our Parlement House., which is the head and body of all the realme, and the place wherein everie par- ticular person is intended to be present, if not by himselfe, yet by his advocate or at- tornie. For this cause, also, .anything ther enacted is not to be misliked, but obeied of all men without contradiction or grudge." The noble language employed by Hooker, in his " Ecclesiastical Polity," is more accessible, and need not be repeat- ed here. He anticipates in that the whole theory of Locke ; in every part of it de- rives the origin of government explicitly, both in right and in fact, from a primary contract ; enlarges on the advantages of a limited monarchy, and expressly lays down that of Elizabeth as a government restrain- ed by law. But, finally, I may quote the striking ex- pressions of Aylmer, afterward Bishop of London, as early as 1559, when he answer- ed Knox's " Blast of the Trumpet against the monstrous Regiment of Women." The blast had been blown against Mary, but the echo of the sound loitered disagreeably in the ears of the new queen. " Welly" says Aylmer, " a woman may not reigne in England : better in England than any- where, as it shall wel appere to him that withoute affection will consider the kinde of regiment ; while I conferre ours with oth- er as it is in it selfe, and not maymed by usurpation, I can find none either so good or so indifferent. The regiment of Eng- land is not a mere monarchic, as some, for lack of consideracion, thinke, nor a mere oligarchic, nor democratie, but a rule mixte of all those, wherein each one of these have or should have like authoritie. Thim- age whereof, and not the image, but the thing in dede, it is to be sene in the Par- liament Hous, wherein you shall find these thre estats : the king or quene, which rep- resenteth the monarche ; the noble men, which be the aristocratic ; and the burgess- es and knights, the democratie. The verye same had Lacedemonia, the noblest and best city governed that ever was ; thei had theire kings, theire senate and Hippagretes, which wer for the people. As in Lacede- monia none of these could make or break laws, order for warre or peac, or do any thing without thother; the king nothing without the senate and commons, nor ei- ther of them or both withoute the king (al- beit the senate and the ephori had greater authoritie than the king had). In like ma- ner, if the Parliament use theire privile- ges, the king can ordein nothing withoute them. If he do, it is his fault in usurping it, and theire follye in permitting it. . . But to what purpose is all this 1 -To declare that it is not in England so daungerous a matter to have a woman ruler as men take it to be. For, first : it is not she that' ru- leth, but the laws, the executors whereof be her judges appointed by her, her justi- ces, and such other officers Secondly: she maketh no statutes or laws, but the honorable court of Parliament ; she break- eth none, but it must be, she and they to- gether, or else not. If, on the other part, the regiment were such, as all 'hanged uppon the king's or quene's wil, and not uppon the lawes;wrytten ; if she might de- cre, and make lawes alone, without her senate ; if she judged offences according to her wisdome, and not by limitation of statutes and laws ; if she might dispose XXVI HISTORICAL TREATISE. alone of warre and peac ; if, to be short, she wer a mere monark, and not a mixte ruler, you might, peradventure, make me to feare the matter the more, and the les to de- fend the cause. But the state being as it is or ought to be (if men wer wurth theyr eares), I can se no cause of feare." And no fear there was. The slumber was only for a time. Men were worth their ears, and had resolved that neither pillory nor rack should continue to make light of them. After Strickland's return to the house, a very bold step was taken, and taken suc- cessfully. It had been found necessary that the Articles of the English Church, as altered from those of Edward the Sixth, and settled in the convocation of 1562, should receive the sanction of Parliament to make them more binding on the clergy. They were now introduced. On those that related to matters of faith no discus- sion arose ; while, on those that declared the lawfulness of the established form of consecrating bishops and priests, the su- premacy of the crown, and the power of the Church to order rites and ceremonies, an opposition started up of so decided a char- acter, that the house eventually withheld its assent to them, and the insertion of the word " only" into a portion of the statute excluded those articles from legislative as- sent. Peter Wentworth, one of Strick- land's supporters and fellow-patriots, and the most distinguished assertor of civil lib- erty in Elizabeth's reign, described in a subsequent Parliament his conversation on this subject with Archbishop Parker. " I was," said this bold and honest speaker, " among others, the last Parliament sent for unto the Bishop of Canterbury, for the Articles of Religion that then passed this house. He asked us why we did put put of the book the articles for the homilies, consecrating of bishops, and such like 1 1 Surely, sir,' said I, ' because we were so occupied in other matters, that we had no time to examine them how they agreed with the Word of God.' ' What,' said he, ' surely you mistook the matter ; you will refer yourselves wholly to us therein 1 ?' ' No, by the faith I bear to God,' said I, 'we will pass nothing before we under- stand what it is ; for that were but to make you popes ; make you popes who list,' said I, ' for we will make you none.' And sure, Mr. Speaker, the speech seemed to me a pope-like speech, and I fear lest our bish- ops do attribute this of the pope's canons unto themselves, Papa non potest errare ; for surely, if they did not, they would re- form things amiss, and not to spurn against God's people for writing therein as they do : but I can tell them news ; they do but kick against the pricks, for undoubtedly they both have, and do err." Make you popes who list, for we will make you none, is, in a single sentence, a whole history. The people were taught to re- ject the false dogma of a papal supremacy, and suddenly found a High Church principle of a character scarcely less offensive lift- ing up its insolent head among them. Having achieved the sacred right of private judgment and national independence in the all-important matter of religion, they were instantly required to submit to an ecclesi- astical usurpation of civil power and con- scientious belief almost less tolerable than that which they so reluctantly bore in the days of papal slavery. The intellect and chivalry of the land, its earnest and serious persuasions, alike forbade it. And now a sudden encounter of both gave birth to a new race of men, who were soon destined to start forth, still affronted by that No king, no bishop cry, bear down both Church and throne into the dust. The sons and daugh- ters of the Arcadia were the parents of the men of Charles and Cromwell. Meanwhile the struggle which began against Elizabeth herself was so far con ducted with spirit and with boldness, as to achieve many very solid and large acces- sions to the privileges of the House of Commons (which it is not necessary to make farther reference to), as well as to leave on lasting record a valuable protest against the Tudor system, as one which centuries of English history rejected and disclaimed. It was in vain that Elizabeth packed the house with placemen ; in vain she flooded the country party with up- ward of sixty-two new members. The Wentworths and Stricklands still remain- ed, and still in every session proclaimed at least the duty and the right of Parlia- ment to inquire into every public matter, to remedy every public abuse, to avert, as far as possible, every public mischief. The cry of English liberty was never raised more piercingly, though it remained for later days to send back to it a louder and more terrible echo. "Two things, Mr. Speaker," said Peter Wentworth, in the .session of 1575, " two things do great hurt in this place, of the which I do mean to speak. The one is a rumour which runneth about the house, and this it is : ' take heed what you do ; the queen's majesty liketh not such a mat- ter ; whosoever preferreth it, she will be offended with him.' Or the contrary : ' her majesty liketh of such a matter ; whoso- ever speaketh against it, she will be much offended with him.' The other is, that sometimes a message is brought into the house, either of commanding or inhibiting, very injurious to the freedom of speech and consultation. I would to God, Mr. Speaker, that these two were buried in hell ; I mean rumours and messages ... I will show you a reason," continued this honest orator, and he had a brother, Paul Wentworth, worthy of him, " I will show you a reason to prove it perilous always to follow the prince's mind. Many times POPULAR PROGRESS. XXVll it falleth out that a prince may favour a cause perilous to himself and the whole state. What are we, then, if we follow the prince's mind ! Are we not unfaithful unto God, our prince, and state ? Yes, truly ; for we are chosen of the whole realm, of a special trust and confidence by them reposed in us ... Sir, I will dis- charge my conscience and duties to God, my prince, and country. Certain it is, Mr. Speaker, that none is without fault, no, not our noble queen, sith her majesty hath committed great fault, yea, danger- ous faults to herself . . . No estate can stand where the prince will not be govern- ed by advice." For these daring referen- ces to the sovereign, \Ventworth was sum- moned before the council, justified all he had uttered, and was flung into the Tower. The house obtained his release after a month's imprisonment ; but shortly after his reappearance he was again arrested and committed, with several friends and supporters ; again released ; and, on re- suming his seat, again in bitter opposi- tion. The spirit which animated him could not be repressed by bonds, could not by death be extinguished. How, it may be asked, did Elizabeth re- sist it so long ] Because she had wily counsellors, and, in everything that direct- ly affected the comforts of the great mass of the people, was a wise and prudent prin- cess. She husbanded her tyranny, and, for the most part, laid its finger lightly on the commonalty of England. She would have treated them, in more senses than one, as though they were her own. She was frugal in her personal wants, and never kept an ill-supplied exchequer. In the first session after Wentworth's more determin- ed resistance, she had generously remitted one subsidy voted to her, and was yet able, after the close of that session, which had been more than commonly distasteful, to dispense with farther subsidies for the space of five years, during which she re- frained from summoning another Parlia- ment. When compelled, at last, to do so, the invincible Wentworth again presented himself, with a still stronger and more compact band of allies, and again the re- monstrances began. Her last House of Commons met in 1601, and its proceedings imply a serious advance of hostile temper, as well in the country as the house. I quote a singular extract from one of the debates on subsidies which had been rendered more needful to Elizabeth by a foreign war, an Irish rebellion, and a sudden depreciation in the value of money from a report of the time. " Then Ser- geant Heyle : ' Mr. Speaker, I marvel much that the house will stand upon granting of a subsidy, or the time of payment, when all we have is her majesty's ; and she may lawfully, at her pleasure, take it from us. Yea, she hath as much right to all our lands and goods as to any revenue of her crown.' At which all the house hemmed, and laughed, and talked. ' Well,' quoth Sergeant Heyle, ' all your hemming shall not put me out of countenance.' So Mr. Speaker stood up and said, ' It is a great disorder that this should be used ; for it is the ancient use of every man to be silent when any one speaketh ; and he that is speaking should be suffered to deliver his mind without interruption.' So the ser- geant proceeded ; and when he had spoken a little while, the house hemmed again, and so he sat down. In his latter speech he said, ' he could prove his former posi- tion by precedent in the times of Henry the Third, King John, King Stephen,' &c., which was the occasion of their hem- ming." It is significant to mark in this that the worthy sergeant stands alone in his obsolete views and obsolete precedents. All the house laughed at him. How short the time that had elapsed since the ser- geant might have been coughing at the house, and the house complaining of the sergeant ! But out of doors there is laughter too, and remark upon public affairs. Gathering clusters of common men discuss the do- ings of Parliament, even as Mr. Secretary Cecil passes along in his carriage. Mob orators are collecting; eager faces are turned to them. The common people themselves, at last, seem to be taking pol- itics in hand. " I must needs give you this for a future caution," said Cecil to" the as- sembled commons, on the 25th of Novem- ber, 1601, "that whatsoever is subject to public expectation cannot be good, while the Parliament matters are ordinary talk in the street. I have heard myself, being in my coach, these words spoken aloud : ' God prosper those that further the over- throw of these monopolies ! God send the prerogative touch not our liberty !' I think those persons would be glad that all sovereignty were converted into pop- ularity ; we being here but the popular mouth, and our liberty the liberty of the subject." And Cecil might the less inaptly think so, since his mistress had sent him there with a conciliatory message from the throne, freely surrendering her demand of certain monopolies, in consequence of their having occasioned several fierce de- bates of resistance in the house. It is a memorable thing that this should have been one of the last public acts of the great Elizabeth. It illustrates her system of government, the means by which she had sustained it so long, and the inevitable cer- tainty that it could not be sustained much longer. Her mission had reached its close. She went down to the House of Commons a few days afterward, and spoke to them XXV111 HISTORICAL TREATISE. in a gentle and melancholy tone, as though conscious the meeting would be their last. " Of myself," she said, in a spirit of self- vindication, and she might say it with truth and pride, " I must say this : I never was any greedy, scraping grasper, nor a strait, fast-holding prince, nor yet a waster ; my heart was never set on worldly goods, but only for my subjects' good. What you do bestow on me, I will not hoard it up, but receive it to bestow on you again. Yea, mine own properties I account yours. Since I was queen," she continued, "yet never did I put my pen to any grant, but that upon pretext and semblance made unto me that it was both good and benefi- cial to the subjects in general, though a private profit to some of my ancient ser- vants, who had deserved it well. But the contrary being found by experience, I am exceeding beholden to such subjects as would move the same at first. . . . And if my kingly bounty hath been abused, and my grants turned to the hurt of my people, contrary to my will and meaning, or if any in authority under me have neglected or perverted what I have committed to them, I hope God will not lay their culps and of- fences to my charge. ... To be a king," she added, with an eloquent and even af- fecting protest against any harsh judgment in posterity, " to be a king and wear a crown is more glorious to them that see it than it is pleasure to them that bear it. For myself, I was never so much enticed with the glorious name of a king, or royal authority of a queen, as delighted that God hath made me his instrument to maintain his truth and glory, and to defend this king- dom from peril, dishonour, tyranny, and oppression. There will never queen sit in my seat with more zeal to my country or care to my subjects, and that will sooner, with willingness, yield and venture her life for your good and safety, than myself. And though you have had, and may have, many princes more mighty and wise sit- ting in this seat, yet you never had, or shall have, any that will be more careful and loving. Should I ascribe anything to my- self and my sexly weakness, I were not worthy to live then, and, of all, most un- worthy of the mercies I have had from God, who hath ever yet given me a heart which never yet feared foreign or home enemies. . . . And so I commit you all to your best fortunes and farther councils. And I pray you, Mr. Comptroller, Mr. Sec- retary, and you of my council, that before these gentlemen depart into their counties, you bring them all to kiss my hand." And having so spoken, this lion-hearted woman returned to her palace, passed a few more months there in depression and in sorrow, and, dying, bequeathed her crown to her " cousin of Scotland." The Stuart race at once and undisputedly ascended the English throne. The movement which hurled them from it, and led to the temporary establishment of a republic in our country, is described in this volume. The biographies it contains are so eventful, that the history of the age itself might well be written in it ; for the times, awful as they were, were not greater than the men. The ideas of both present themselves to us at once, like shadowy and solid giants standing together, and hardly letting us discern which leads the other. The subjects have been selected with reference to the various stages in the strug- gle, from the opposition in the reign of James to the breaking out of the civil war, and thence to the execution of Charles, the erection of a republic, the usurpation of Cromwell, and the resumption of power by the Republicans on the abdication of his son. I have included the principal person who adhered to Charles. The exertions of the great men who founded the Commonwealth of England required illustration from those of the only great man who made a brave resistance to them. Four lives out of the seven are here written in a detached shape for the first time ; for, though few have been able to dispute the celebrated saying of Bishop Warburton, that, at the period they illus- trate, the spirit of liberty was at its height in this country, " and its interests were conducted and supported by a set of the greatest geniuses for government that the world ever saw embarked together in one common cause," the number of those who have troubled themselves to inquire into the reason or precise value of this saying have been fewer still. It is a grave re- proach to English political biography, that the attention so richly due to the states- men who opposed Charles I., in themselves the most remarkable men of any age or nation, should have been suffered to be borne away by the poorer imitators of their memorable deeds, the authors of the im- perfect settlement of 1688. I may, perhaps, be allowed to add, that the latter part of that portion of this work devoted to the life of Cromwell contains what I have endeavoured to render as clear and faithful a statement as it was possible to make of the case of the Republican statesmen who opposed him. The portrait of Eliot has been engraved by the courtesy of Lord St. Germains, the patriot's lineal descendant. It is the first published portrait of Sir John Eliot. I am also indebted to the same obliging courtesy for the noble contemporary portrait of Hampden, which, having passed from the possession of Hampden's son as a gift to the son of Eliot, has been carefully pre- served among the heirlooms of that family. J. F. TABLE, ANALYTICAL AND CHRONOLOGICAL, STATESMEN OF THE COMMONWEALTH OF ENGLAND. A.D 1590. 1607. 1609. 1623. 1623. 1624. 1625. 1626. SIR JOHN ELIOT. 1590-1632. page His Family and Descent 1 (20th of April.) His Birth . . .. . 1 Painful Incident of his early Life taken advan- tage of by his political Enemies ... 1 Enters College 2 Death of his Father .2 His Apology to Mr. Moyle ; Extracts from his Letters . . . . . . . .3 His Studies at the University .... 3 Visits the Continent j his first Meeting with George Villiers . ... 3 Returns from the Continent . . 3 Marries t Loses his Wife ....... 4 Resumes his Intercourse with Villiers . . 4 Villiers succeeds Somerset in the royal Favour . 4 Eliot made Vice-admiral of Devonshire, and ap- pointed Chairman of the Committee of Stan- naries ........ 4 False Charges of his political Enemies . . 4 (8th of November.) His Letter to the Duke of Buckingham, Lord High Admiral of England 5 Remarks on this Letter 5 Aspect of public Affairs at the Meeting of the Parliament which introduced Eliot to public Life 5 Ignominious Defeat of the Elector Palatine by Spinola 5 Deadly Jealousy between Buckingham and the Spanish Minister Olivarez .... 6 A Parliament summoned ; Dissolution of the Spanish Treaty ...... 6 Eliot returned for the Borough of Newport in Cornwall ........ 6 Distinguishes himself, and is received as the Leader of the Country Party .... 6 (1st of March.) His Speech on the Question of the Spanish Treaties 6 Opposes any Attempt to move from the consti- tutional Usages of the House . . .7 His unceasing Exertions against Monopolies . 7 His Speech on the Question of the Appeal against the long Delays of the Court of Chan- cery 8 Terms on which he and his Friends consented to furnish Supplies for the Spanish War . . 8 Measures passed to reform many Grievances in the Law, and in prevention of vexatious Pros- ecutions 8 James I. remonstrates with Buckingham . . 9 (29th of October.) Dissolution of Parliament . 9 Sudden and mysterious Death of James I. . 9 (18th of June.) Meeting of Parliament; Eliot again at his Post ...... 9 Unwise Measures of Charles 1 10 Efforts of the Parliament to secure the future Safety of the People by an Enlargement of the Basis of popular Representation . . .10 Motion of Sir John Eliot 10 Origin of Sir Thomas Wentworth's Dislike of him 10 Cessation of his personal Intercourse with Buck- ingham 11 Charges against him .11 His Opposition to the Measures of the King and Buckingham on the Subject of Subsidies . 12 (12th of August.) Parliament dismissed ; dis- graceful Scenes 12 (6th of February.) A Parliament assembled ; the King's Message to the Huuse . . . .13 Eliot's Speech in answer to his Majesty's Mes- sage ; his bitter Taunt against Buckingham . 13 The Commons vote for the Grant of three Subsi- dies and three Fifteenths . . . .14 1626. Buckingham impeached by the Commons- im twelve Articles ...... 14 Speech of Sir Dudley Digges . . . .14 Extraordinary oratorical Display of Eliot on this Occasion ........ 14 Rage of the King when told of Eliot's Speech . 15 Eliot committed to the Tower . . . .15 Memorable expostulation of Sir Dudley Carleton to the House of Commons . . . .16 Eliot released : his Reappearance in the House 16 Buckingham elected Chancellor of Cambridge . 16 Stormy Debate in the Commons . . .16 Parliament dissolved 17 Oppressive Measures of Charles I. . . .17 His Instructions to the Clergy . . . .17 Eliot a Prisoner in the Gatehouse . . .18 His able Argument against the forced Loan . 18 Buckingham undertakes the Command of the Expedition for the Relief of Rochelle . . 19 Disastrous Results of this Expedition ; Writs for a new Parliament issued . . . .19 1628. /17th of March.) The famous Third Parliament . opened by the Ki ng at Westminster in a Speech of insolent Menace 19 A Resolution passed to grant no less than five Subsidies to be paid within twelve Months . 20 Sir John Eliot again in Parliament ; acts in all Respects as the Leader of the House . . 20 Extract from a Speech characteristic of his Style 21 Resolutions passed in the Commons declaratory of the Rights of the People . . . .21 Conference between the Lords and the Commons 21 Messages from the King to the Commons . . 22 Resistance of the Commons to the Measures of the King 23 The King's Letter to the Lords .... 22 The Petition of Right adopted by both Houses now presented to the King . . . .23 (3d of June.) The King's Answer to the Peti- tion of Right read in the House of Commons . 23 Sir John Eliot's Speech on this Occasion . . 24 Proceeds to open the Question of " Insincerity and doubling in Religion ;" " Want of Councils" 24 Develops to the House the Principles of Eliza- beth's Policy in singularly opposite and pitiful Contrast to the prevailing Policy . . .25 Tremendous Effect of his Speech upon Bucking- ham and the Ministers ..... 25 Resumes his Speech, and continues to urge the Madness of breaking Peace with France at a Time so strangely unfortunate . . .25 Third Division of his Argument, "the Insuffi- ciency and Unfaithfulness of our Generals" . 25 Consideration of " the Ignorance and Corruption of our Ministers" 26 Concludes his Speech with a Proposition for a Remonstrance to the King . . . .27 Effects produoed by his Speech ; royal Message to the House 27 Extraordinary Scene in the House . . .27 Sir John Eliot accused of having given Offence to his Majesty in his recent Speech . . 28 Buckingham named as the " Grievance of Griev- ances ;" the Commons' Petition " for a clear and satisfactory Answer in full Parliament to the Petition of Rights" . . . 28 The Commons summoned to meet the King in the Upper House ....... 28 The King gives his Assent to the Petition of Rights . .28 Remonstrance against certain Proceedings of Buckingham 29 The King's Speech ; Parliament prorogued . 29 Eliot retires into Cornwall ; his Letter to Sir John Cotton 29 ANALYTICAL AND CHRONOLOGICAL TABLE. XXX A.T1. Pa-e 1G28. Assassination of Buckingham .... 29 Arruinianism ; arbitrary Measures of the King . 30 1629. (20th of January.) Meeting of Parliament ; Ton- nage and Poundage ...... 30 Motion of Sir John Eliot ..... 30 (27th.) His Speech during the Debate on Re- ligious Grievances ...... 31 Effects of his Speech ...'.. 32 The Question of Religion surrendered to a Sub- committee ....... 32 (25th of February.) Report of the Committee . 32 Remonstrance concerning Tonnage and Pou ndage 33 (2d of March.) Eliot's Speech, da presenting his Remonstrance ....... 33 The House in violent and open Disorder . . 33 Steady and undaunted Conduct of Eliot . . 33 Dissolution of Parliament ; Sir John Eliot sum- moned to appear before the Council Table . 34 Proceedings against him ..... 34 Sentenced to be imprisoned during the King's Pleasure, and to be fined 2000 ... 34 Committed a close Prisoner to the Tower . . 35 Occupies the Hours of his Imprisonment with a Work having for its Object the Establishment of the Independence of Man's Mind . .35 His Letter of Advice to his Sons . . .36 His Pain on hearing of the Irregularities of his eldest Son ....... 36 His Letter to his Son Richard . . . .37 His Letter to Hampden ; Advice and Instruction to his Son respecting a Course and Object of Travel ........ 37 Passage from Hampden's Reply on these Points 37 His Letter to Sir Oliver Luke . . . .38 To his Kinsman Knightley, describing the Com- mencement of his Disorder .... 38 His Letter to Bevil Grenville . . . .38 1631. (26th of December.) His Letter to Hampden complaining of being put under new Restraints by Warrant from the King . . . .39 Finds Consolation and Sustainment in the philo- sophical Work in which he had engaged : . 39 Compared to Sir Walter Raleigh . . .39 His increasing Illness ; petitions the King to set him at Liberty ...... 40 Sends for a Painter to the Tower, and has his Portrait painted exactly as he then appeared . 40 His last Moments present the perfect Pattern of a Christian Philosopher; Quotations from his last Letters to Hampden . . . . . 1632. (27th of November.) His Death 40 41 His Son refused Permission to carry his Body into Cornwall to be buried . . . . .41 His Character as a Statesman . . . .41 APPENDIX. Some Account of an unpublished philosophical Treatise, entitled "The Monarchy of Man," written by Sir John Eliot during his last Im- prisonment ....... 43 THOMAS WENTWORTH, EARL OF STRAFFORD. 1593-1641. 1593. (13th of April.) His Birth and Parentage ; re- ceives his earliest and strongest Impressions in the Midst of aristocratic Influences . . .55 Little Account of his early Education ; sent to St. John's College, Cambridge . . . 55 Acquires the Honour of Knighthood . . .55 1611. His Marriage with Frances, Daughter of the Earl of Cumberland ....... 56 (November.) Proceeds to France ; strange Events in France at this Period . I ... 50 Events in England ...... 56 Character of James 1 56 His unwise Measures 57 State of Parties 57 RETROSPECT. The Parliament summoned in 1610 ; Impositions by Prerogative ; growing Spirit and Power of the Commons ; a Bill pass- ed against Impositions . . . . .58 Farther Allusion to the Proceedings of this distin- guished Session 58 Negotiation between James and the Commons . 58 Shameful Expedient resorted to by the Court . 59 1614. Wentworth returned Knight of the Shire for Yorkshire 59 The " Stratford Papers," the Source whereof we derive our Information of the public and pri- vate Character of this Statesman . . .59 A.D. Faze 1614. Letter to his early Tutor, Mr. Greenwood . . 60 Death of his Father ; takes his Seat in Parlia- ment as Member for Yorkshire . . .61 State of Parties ; Dissolution of Parliament . 61 1615. Appointed to the Office of Custos Rotulorum, or Keeper of the Archives for the West Riding . 61 1617. Receives a Letter from the Duke of Buckingham requiring him to resign his Office . . .62 Continues in his Place ; meets with strong Oppo- sition from the Savile Party . . . .62 Disgraceful Occurrences during the Interval be- tween the two Parliaments . . . .62 1621. Assembling of Parliament ; early Sittings of this Parliament distinguished by active and resolute Steps in behalf of Privilege . . . .63 Wentworth takes no Part in these Proceedings . 63 1622-31. His Illness; Death of his Wife . . . 63 His Exertions in Behalf of his Brothers . . 63 Extracts from his Correspondence with Sir George Calvert, the King's Secretary of State . . 64 Playful and conndential Style of his Letters . 64 He ventures more openly among the popular Par- ty ; his second Marriage with Lady Arabella Hollis 65 His extreme Moderation ; he advises a Grant of Subsidies ; Adjournment of the Parliament to Oxford 65 Disabled from sitting in Parliament by being ap- pointed Sheriff of Yorkshire . . . .65 His Letter to his Kinsman Wandesford . . 66 Receives the King's Warrant dismissing him from the Office of Custos Rotulorum . . .67 His Letter to Sir Richard Weston, Chancellor of the Exchequer, on this Subject . . .67 Buckingham's violent Dislike to him . . .68 The second Parliament dissolved ; Privy Seals issued 68 Wentworth receives a Privy Seal ; Anxiety of his Friends 63 Refuses the Loan ; summoned to the Council Ta- ble at London 69 Committed to the Marshalsea ; Extracts from the Letters of his Brother-in-law Denzil Hollis . 69 Is released ........ 69 His Speech in the Third Parliament on the Dis- cussion of the general Question of Grievances 69 His Speech on one of Secretary Cooke's pressing Applications for Subsidies . . . .70 Proposes a Committee for Grievances ; Effect of his Speeches ....... 70 (26th of June.) Parliament prorogued . . 70 (14th of July.) Created Baroa Wentworth, and called to the Privy Council . . . .70 Preliminary Remarks previous to entering on the History of his political Life . . . .71 His deep Esteem for Mr. Greenwood, his early Tutor 72 His Method of Study transmitted to us by Sir George Radcliffe 72 His extreme Cautiousness 73 Anger one of the Instruments of his Policy . 73 His Letter to Secretary Cooke . . . .73 Extracts from his Correspondence . . .73 Political Principles evidenced in these Letters . 76 An Illustration of his Practice of letting slip no Method, however ordinary, of compassing his Designs 76 Proceedings cited in proof of his excessive Vanity 76 We resume the Progress of his Fortunes . . 77 Surprise excited by his Elevation to his Presiden- cy in the North 77 Character of the important Office intrusted to him ; defers his Departure to the North until after the Dissolution of Parliament . . .77 His first Proceedings on succeeding to this enor- mous Power ....... 77 Claims for himself, as the Representative of ab- solute Royalty, the most absolute Reverence and Respect 78 His arbitrary Measures 78 Case of Sir David Foulis 78 Wentworth's Letter to Lord Cottington on the Subject 79 Foulis degraded from his various Offices, fined 5000 to the King, 3000 to Wentworth, and committed to the Fleet during his Majesty's Pleasure 79 Wentworth in his domestic Circle . . .80 Death of his Wife, the Lady Arabella ; his Let- ter to Sir E. Stanhope on the Subject . . 80 Reappears in his Court at York, and pursues with startling Energy some of his most reso- lute Measures ....... 81 His characteristic Letter to Weston on being ac- ANALYTICAL AND CHRONOLOGICAL TABLE. XXXI l.D. Page cused of intriguing- for the Staff of the Lord- treasurer 81 1632. Appointed to the Government of Ireland . . 81 Condition of Ireland at this Time in the highest degree difficult and dangerous . . .81 Energy and Prudence of Wentworth ; the Treas- ury Necessities and Means of Supply his pri- mary Care . 83 His vigorous Despatch to Lord Cottington . . 83 Follows his Despatch in Person, and prevails on the Council to enter into his Design . 84 Extract from his Letter to the Lord-justices . 84 His meditated financial Projects .... 84 Establishes a Scheme of absolute Power in Ire- land 85 Stipulations assented to ; characteristic of his Sa- gacity no less than his Ambition . . .85 Resolves not to resign his Presidency of York- shire 86 His Prosecution of apparent personal Resent- ments, what this was 86 Commencement of his official Connexion with Lord Mountnorris, Treasurer of Ireland . . 87 His third Marriage with Elizabeth Rhodes . 87 Extracts from some curious Letters relating to this Marriage . . . . . .88 His Gallantries 89 His Person 89 Lady Carlile, Lady Loftus, Lady Carnarvon . 90 Wentworth unexpectedly delayed in his Depar- ture for Ireland ...... 91 1633 (July.) His Arrival in Dublin forms a new Era in the Government of Ireland . . . .92 He orders the Ceremonial of the British Court to be observed within the Castle . . . .92 Extract from his first Despatch . . . .92 His Law Reforms 93 His Exactions 93 Calls his first Privy Council .... 93 Proceedings of the Council . . . . .93 They propose a Parliament 93 Power the great Law of Wentworth's Being, how mistaken ........ 94 His Despatch urging the Necessity of calling a Parliament instantly . . . . .95 Obtains a reluctant Consent from Charles I. . 96 Issues his Writs for a Parliament to be instantly held in Dublin 96 Summons a Privy Council to deliberate on the Propositions to be transmitted to England as S.ubjects for Discussion in the Session . . 96 1634. (July.) Meeting of Parliament; an admirably balanced Party of Catholics and Protestants assemble in the Irish House of Commons . . 91 Speech of the Lord-deputy 97 Demands at once the enormous Grant of six Sub- sidies , . M The Subsidies granted unconditionally . . 98 Proceedings of the House of Lords ; Delight and Astonishment of the English Ministers . . IS Overbearing Energy of Wentworth's Measures during the Sitting of the second Session of the Irish Parliament 99 Extracts from his Despatches at this Time . 99 Extracts from his Correspondence with Laud . 99 Introduces into Ireland the Court of High Com- mission 100 Measures by which he sought to reduce the Peo- ple of Ireland to a Conformity in Religion . 100 Removes the Decision of ecclesiastical Rights from the Courts of Common Law to the Castle Chamber 102 Issues a Commission for the Repair of Churches 102 Writes to the King to solicit an Earldom, and is refused 102 Presents the Irish common Lawyers with the Ma- jority of the English Statutes that had been passed since the Time of Poynings . . . 103 Turns his Attention to the Army ; strengthens them in Numbers and in Discipline . . 103 His increasing Reputation ..... 103 Death of Weston ; Wentworth offered the Treas- urer's Staff 103 Establishes a permanent Revenue in Ireland . 104 A Mint erected in Ireland, in spite of the desperate Opposition from the Officers of the English Mint 104 Wentworth's Measures for improving the Com- merce of Ireland 104 Introduces the general Cultivation of Flax to in- duce the Manufacture of Linen . . . 105 Announces to the King that the annual Revenue should exceed the Expenditure by 60.000 . 105 His minute Attention to his private Affairs in England 105 A.T). 1634. 1636. 1639. 1640. 1641. PS Extracts from his Letter to Mr. Greenwood on the Subject ....... 105 The whole Production impressed with the Pecu- linnties of his Subtle and energetic Genius . 106 Thwarted by the King in his Desire to continue the Parliament ...... 107 Follows up his Plans for increasing the Estates of the Crown by a Search after defective Titles 107 Opposition of the Roman Catholics . . .107 Proceedings against Lord Mountnorris . . 108 Sentence passed ....... 108 Receives a Remission of his Sentence . . 109 Enmity provoked against Wentworth by the Case of Lord Mountnorris ..... 109 (May.) Obtains Permission from the King to ap- pear at the English Court .... 109 Gives a detailed Account of all the Measures he had accomplished during his Administration in Ireland ........ 110 Leaves the Court for Wentworth Woodhouse ; loaded with the Applause of the King and his Lords of the Council, and followed by the aw- ful Gaze of doubting Multitudes . . . 110 Re-appears in York ; his vigorous Measures with respect to the Collection of the famous Tax of Ship-money ....... 110 A second Time entreats from Charles the Honour of an Earldom, and is refused .... Ill Returns to his Government. in Ireland, and re- sumes his Measures precisely at the Point at which he had left them ..... Ill A loud and violent Voice of Clamour raised against him by the popular Party in England . 112 His Letter to the King ..... 112 His Letter to Archbishop Laud . . . .112 Builds two royal Residences . . . .112 His Mode of living equal iri Magnificence to the Houses themselves ...... 113 His private Habits ...... 113 His Advice to the King on the Subject of the Af- fairs of Scotland ...... 114 Forces down some rising Commotions among the 60,000 Scottish Settlers in Ulster . . .114 Openly expresses his Censure of the royal Scheme that had prevailed since the Death of Bucking- ham ......... 115 His Despatches on the Subject of the " Antrim Negotiations" ....... 115 His Letter to his Mother-in-Law Lady Clare . 115 (November.) Appears in London . . . 117 Created Earl of Strafford and Baron of Raby ; adorned with the Garter, and invested with tho Title of Lord- lieutenant or Lieutenant-general of Ireland ........ 117 . (March.) Arrives again in Ireland ; Proceedings of the Irish Parliament ..... 117 Progress of his Infirmities ..... 118 (4th of April.) Arrives at Chester . . . 118 Dictates a long Despatch to the Earl of Northum- berland . ....... 118 Extraordinary Incident illustrating his unremit- ting Vigilance ....... 118 His characteristic Letter to Windebanke . . 119 Proceeds by easy Journeys to London ; takes his Seat in the House of Lords . . . .120 Appointed to the Command of the Army in the Place of Northumberland .... 120 Disgraceful Intrigues against him . . . 120 Arrives in London ; enters the House of Peers ; impeached of high Treason in the Name of the Commons of England ..... 121 His Letters to Lady Strafford after his Arrest . 121 Preliminary Proceedings ..... 122 Articles of Accusation against him . . . 122 (24th of February.) His Answers in detail to the Charges of the Commons read to the House 122 (22d of March.) Fixed for his Trial ; his Letter to his Wife ....... 122 Short Summary of the Charges against him . 123 (23d of March.) Case opened against him at Westminster Hall by Pym . . . .123 His uncomplaining Composure duwng his Trial 124 He addresses the Lords ..... 124 Interest excited in his Favour .... 125 The Evidence finally admitted against him ; call- ed upon to make his general Defence in Person against the Facts, leaving the Law to his Counsel ........ 125 He argues against the Doctrine of arbitrary and constructive Treason ..... 126 The Triumph of Pym as unparalleled as the Overthrow of Stafford ..... 128 Defence of the Accused and the Accusers . . 128 Strafford condemned ...... 127 ANALYTICAL AND CHRONOLOGICAL TABLE. XXXll A.D. Page 1641. (21st of April.) The Bill of Attainder passed; the King addresses the House in his Favour . 127 His Letter to the King, releasing him from his pledged Word 128 Farther Efforts ot the King to save him . . 128 Remarks on the Conduct of the King . . .129 Strafford employs the three more Days of Exist- ence granted to him in the Arrangement of his Affairs 129 His Letter of Advice to his Son . . . .130 His Speech at the Scaffold 130 (12th of May.) His Execution . . . .131 In the succeeding Reign the Attainder reversed ; the Proceedings obliterated ; and his Son re- stored to the Earldom ..... 131 APPENDIX My humble Opinion concerning a Parliament in this your Majesty's Kingdom of Ireland . . 132 A Copy of the Paper containing the Heads of the Lord Strafford's last Speech, written by his own Hand, as it was left upon the Scaffold . . 134 JOHN PYM. 1584-1643. His Birth, Parentage, and Education . . .135 His Marriage with Anna Hooker ; her Death . 135 Sketch of the Character of this Lady . . .135 His affectionate Care towards his Children . 136 1620. Takes his Seat in Parliament for Calne . . 136 State of Parties at this Time . . . .137 The King's Speech ; Proceedings of the Commons 137 Committees of Inquiry 137 Pym an active and zealous promoter of these Com- mittees . . . . . .138 (15th of March.) Accusation of Lord Bacon .138 His Defence 138 The Commons vote a solemn Declaration of their Resolve to spend their Lives and Fortunes in Defence of the Protestant Cause . . . 139 Both Houses adjourned by royal Commission . 139 Proceedings against Archbishop Abbot . .139 (November.) Assembling of Parliament . . 140 Remonstrance to the King 140 1621. (3d of December.) The King's Letter to the Speaker 140 Commencement of that open Warfare which end- ed in the Destruction of the Stuart Race . 140 Reply of the Commons to the King's Letter . 141 This Declaration carried to the King at Newmar- ket, by Pym and eleven other Members depu- ted by the House 141 The King's Rejoinder 141, 142 Symptoms of Alarm at the Court . . .142 The memorable Protest of the Commons . .143 Torn out of the Journals by the King . . 143 Arrest and Imprisonment of some of the leading Members ; Dissolution of Parliament . . 143 Petition from Francis Philips to King James, praying for the Release of his Brother, Sir Robert 143 Pym again in Parliament ; his Exertions chiefly employed upon the Declaratory Statute against Monopolies, and against the Delinquencies of the Lord-treasurer, Middlesex . . . 144 1625. Takes his Seat for the first Time as Member for the Borough of Tavistock, in the first Parlia- ment of Charles I. ...... 144 Case of the King's Chaplain, Doctor Montague . 145 Pym appointed one of the secret Managers of an Impeachment against the Duke of Buckingham 145 Proceeds to point out the fatal Consequences to the well-being of the State, no less than to the Morals of the Subject, which must result from the Continuance of such Practices as those of the Duke 145 Extract from his Speech .... 146-148 1628. Thrown into Prison ; is released on his Return to the third Parliament for Tavistock . . 148 His Speech on the Motion for the Grant of Sub- sidies 148 Hit indefatigable Exertions during the Progress and Preparation of the Petition of Rights . 149 His general Principle of Parliamentary Interfe- rence in religious Affairs 149 (4th of June.) His Speech on the Case of Doc- tor Mainwaring ; Division of his Subject 150-153 Effects produced by this Speech . . .153 Sentence pronounced against Mainwaring . . 154 Takes an active Part in the Debates on the Spread of Anninianism 154 .. 1028. The Result of these Debates ; the famous Vow or Declaration respecting Religion . . . 154 Apostacy of Wentworth 154 Charles I. governs by prerogative ; Measures adopted by the Executive to enslave the Peo- ple . 155 Illegal Impost 155 A few of these shocking Enormities illustrated by Extracts from the Rev. Mr. Garrard's Let- ters to the Lord-deputy .... 155, 156 First Introduction of Hackney-coaches commem- orated by Mr. Garrard 156 Enforcement of illegal Patents and Proclamations of the King 157 Extract from Clarendon relative to the civil Gov- ernment of England at this Period . . . 157 Ship-money ; Extract from Garrard's Letters il- lustrating the Manner in which this Tax was worked 158 Opposition to the Payment of this Tax ; Case of Hampden 159 Brief Review of Laud's Administration of reli- gious Affairs ....... 160 1638. (1st of May.) Eight Ships bound for New-Eng- land, and filled with Puritan Families, arrested in the Thames by an Order from the Council ; Plans for the Colonization of Part of the North American Continent ..... 161 1638. Brief Mention of the Affairs of Scotland . .162 1640. (3d of April.) Meeting of Parliament ; Speeches of the King and the Lord-keeper . . 162 Pym again in Parliament ; becomes a Leader by the common Consent of all .... 162 Petitioning Parliament first organized as a Sys- tem by Pym and Hampden . . . .16 Speech of Pym on the Subject of Grievances . 163 Extraordinary Effects of this Speech throughout England 16 Extracts from this Speech 163 He propounds divers particular Points wherein the Privilege of the Parliament had been broken 165 Proceeds to the next Sort of Grievances concern- ing Religion 165 Proceeds to the third Kind of Grievances, the civil Oppressions of the State .... 166 Begins with Tonnage and Poundage, and other Impositions not warranted by Law . . .167 Of enforcing Men to compound for Knighthood . 16 The great Inundation of Monopolies . . . 168 Ship-money ........ 169 Enlargement of the Forests beyond the Bounds and Perambulations appointed and established by Act of Parliament 169 The military Charges laid upon the several Coun- ties of the Kingdom 17 Extra-judicial Declarations of Judges . . 170 That the Authority and Wisdom of ihe Council- table have been applied to the contriving and managing of several Monopolies and other great Grievances ....... 170 Tenth, eleventh, and twelfth Head of civil Griev- ances 171 These Extracts as important as they are inter- esting 171 Second and main Branch of his Speech, that the Disorders from whence these Grievances issued were as hurtful to the King as to the People . 171 Pym resumes his Seat. Extraordinary Impres- sion made by his Speech. Resolution of the Commons to address the Lords . . . 173 Proceeds to the Lords with the Address ; mem- orable Words uttered by him on this Occasion 173 Conference between the Lords and Commons ; Debates on Ship-money ; Dissolution of Par- liament 174 Commitment of individual Members . . . 174 Extraordinary Exertions of Pym . . . 175 Disastrous War with Scotland drags the King daily more near to the Feet of his Subjects . 175 Council of Peers summoned to York . . . 175 Petition from Pym praying for a Parliament, sub- scribed by 10,000 Citizens of London . . 176 (3d of November.) Writs issued for a new Par- liament 170 Character of the Long Parliament . . .176 The Patriot Leaders 177 The Commons debate with closed Doors ; Pym's Speech 177 Message from the Lords desiring instant Confer- ence on a Treaty with the Scots . . . 178 Impeachment of Strafford resolved . . . 178 Pym made choice of for the Messenger to perform that Office in the House of Lords . . .178 Accusations against the Bishops . . . 179 ANALYTICAL AND CHRONOLOGICAL TABLE. XXX111 1640. Impeachment and Escape of Windebanke and Finch 179 The Judges called to Account ; Sir Robert Berke- ley impeached of Treason ; publicly arrested in the King's Bench Court . . . .178 (2d of December.) Extract from Mr. Pym's Speech on this Occasion .... 180-182 A Vote passed by the Commons decreeing 300,000 for the friendly Relief and Aid, and towards the Losses and Necessities of their Brethren the Scots 182 Triennial Bill 182 Pym's Speech on presenting the Articles of Im- peachment against Strafford .... 183 The King makes an Effort to save him by a Com- promise with the Leaders of the Opposition . 183 Extracts from this Negotiation . . . 183, 184 Nature and Conduct of the Compromise . . 184 1641 (22d of March.) Trial of Strafford opened at Westminster Hall 185 Mr. Pym's Speech 185-187 Presents to the House certain weighty Reasons for closing the Proceedings against the Earl by the legislative Enactment of a Bill of Attainder 187 His Motives for this sudden Course . . . 187 His Speech on the last Day of the Trial ; com- bining the Splendour of one of the Common- places of Cicero with the logical Force of Lord Bacon's profound Meditations . . . 188-193 Incidents connected wilh the Plots for Stafford's Rescue, illustrating Pym's Character . .193 Army Plot ; Effects of Pym's Speech . . .194 . (9th of May.) The King signs the Bill of Attain- der against Slrafford 194 Pym's Speech justifying the Impeachment and Detention of Laud ..... 195-197 This Speech remarkable for the absence of all Sectarian Intolerance 197 Review of the Times, and Position of the leading Men 198 Abolition of the Star Chamber and High Commis- sion Courts ....... 199 The " Root and Branch" Petition revived in the House of Commons 199 Bishops' Votes ; Division between the Lords and Commons ........ 199 Debates on the Bill for the Extirpation of Epis- copacy 200 Extract from Mr. Pym's Speech pointing out the Propriety of impeaching the thirteen Prelates who had been most active in framing the Can- ons 200-202 The King's Visit to Scotland ; Purposes of this Journey ; narrowly and jealously watched by the Patriots 202 (9th of September.) Adjournment of Parliament 203 Increasing Popularity of Pym .... 203 Lucy Percy, Countess of Carlile . . . 203 Pym's Movements during the short Recess of Par- liament 203 Intrigues of Charles I. in Scotland . . . 204 (20th of October.) Reassembling of Parliament 204 " The Incident" 205 Pym reports the Proceedings of the Committee during the Recess 205 Extracts from the Letters of the King to Sir Ed- ward Nicholas 205 The Irish Rebellion ; cold and laconic Remark of the King respecting it 206 Mr. Pym appears at the Head of the Commons in Conference with the Upper House . . 206 His grave and condensed Statement of the Dan- ger accruing to the Kingdom from the evil Counsellors of the King 206 Conspiracies against his Life .... 207 (22d of November.) Presents to the House the grand Remonstrance on the State of the King- dom 208 Violent and long Debate on its Introduction . 208 Tumults in the Houses of Parliament . .208 (25th of November.) Return of the King . .209 The grand Remonstrance presented to him at Hampton Court ...... 209 Bill in the Lower House for raising Soldiers by Impressment ; Conference between the Lords and Commons 209 Protest of the Bishops 209 The Commons debate with closed Doors ; Im- peachment and Committal of the Twelve Bish- ops 209 1642. Disturbance in London and Westminster . . 209 (3d of January.) The King attempts to seize the Five leading Members of the Commons . .210 (4th.) Mr. Pym addresses the Speaker on the .. , 1642. Articles of Impeachment presented against him by the King's Attorney ..... 211 The Rest of the accused Members rise success- ively and refute the alleged Charges against themselves ....... 212 The King enters the House ; his Violence . . 212 Rushworth's Account of this extraordinary and unparalleled Scene . . . . . .213 The King proceeds in his Search of the Five Members ........ 214 Petition drawn up in Defence of Pym . . 214 The House of Commons complete their open De- fiance of Charles by adjourning till the llth of January, and ordering the accused Members on that Day to attend in their Places at West- minster, and resume their public Duties . . 215 The King offers to compromise .... 215 (llth of January.) Triumph and Return of the Five Members ....... 215 Energetic Measures of the Commons . . . 215 Pym's Speech during the Conference with the Lords ....... 215-218 Effect of this Speech ...... 218 The King's Letter to the Speaker complaining ofit ......... 219 Answer of the Commons ..... 219 Second Letter from the King ; vigorous Remon- strance, recommended in an earnest and forcible Speech by Pym, forwarded to Charles . . 220 Agitation of the Question of the Command of the Militia of the Kingdom ..... 220 Resolutions passed by the Commons ; the Militia Ordinance denounced as illegal by the King . 221 Petition of Sir Edward Dering against the Militia Ordinance ; Pym's Speech on this Occasion . 221 (22d of August.) Charles I. erects his Standard at Nottingham ....... 222 Pym intrusted with the momentous Duty of watching over and conducting the Affairs of Parliament and the Executive, while the Ma- jority of his Friends were absent in the War . 223 Spirit of the Public Journals .... 223 Pym presents himself at Guildhall ; his Address to the Authorities ..... 223-225 The King addresses a Manifesto to the City of London in the highest Style of a Conqueror . 225 Mr. Pym's Speech commenting on the various Al- legations of Charles ...... 225 The Effect of this Speech strikingly described by the Reporter ....... 226 Discovery and Suppression of Waller's Plot . 226 Successes of the King ; he issues a free Pardon to all, with some few Exceptions, on the laying down of Arms ....... 227 Impeachment against the Queen . . . 227 Extracts from the " Mercurius Aulicus" . . 227 Charges against Pym ...... 227 Voted by the Commons to be false and scandalous 228 His Illness ; Death of Hampden .... 228 The Office of Lieutenant-general of the Ordi- nance of the Kingdom conferred on him by the House of Commons ...... 229 1643. (8th of December.) His Death ; Account of his last Moments ....... 229 Respect showed to his Memory by the House of Commons ........ 230 (15th of December.) His Funeral . . .230 Extracts from the Funeral Sermon preached by Mr. Marshall ....... 231 Account of his Family and Descendants . . 232 APPENDIX. A. A Discovery of the great Plot for the utter Ruin of the City of London and th^ Parliament ; as it was at large made known by John Pym, Esq., on Thursday, being the 8th of June, 1643, at a Common Hall, and afterward corrected by his own Hand for the Press ..... 234 R Some Extracts from the Sense of the House, or the Opinion of some Lords and Commons con- cerning the Londoners' Petition for Peace . 236 C. Certain select Observation* on the several Offices and Officers in the Militia of England, with the Power of the Parliament to raise the same as they shall judge expedient, &>:.. collected from the Papers of the late Mr. John Pym, a Member of the House of Commons, writ in the Year 1641, MS ........ 237 D. A Sketch of English Affairs from the Dissolution of the Third Parliament to the raising of the King's Standard at Nottingham, from a Speech by Sir Arthur Hazlerig on the 7th of Februa- ry, 16S8 ........ 238 E. A Declaration and Vindication of John Pym, Esq. 23D XXXIV ANALYTICAL AND CHRONOLOGICAL TABLE. .. F. A Narrative of the Disease and Death of John Pym, Esq., late a Member of the honourable House of Commons, attested under the Hands of his Physicians, Chirurgeons, and Apothecary 240 JOHN HAMPDEN. 1594-1643. Preliminary Remarks 241 1594. His Birth and Parentage 241 Tradition respecting his Family . . . .24 1619. His early Education ; his Marriage . . . 242 1620. Takes his Seat in Parliament for the Borough of Grampound ....... 242 Attaches himself at once to the popular Party . 242 Makes himself a prominent Member of the famous Glanville Committee, in the first Parliament of Charles ........ 242 His Opposition to the proposed Loan to the King 243 Committed to a close and rigorous Imprisonment in the Gate-house 243 Returned for the Borough of Wendover, and takes his Seat in the celebrated Third Parliament . 243 Achieves the entire Confidence of the popular Party, and takes Part in the Preparation of the Petition of Rights 243 Intrusted with the Guardianship of Eliot's two Sons during his Imprisonment .... 244 Extracts from his Correspondence with Eliot du- ring his Imprisonment in the Tower . 244-247 His Letter in Allusion to Eliot's younger Son, and to the Passages of the " Monarchy of Man," forwarded for his Perusal .... 244 His Criticism on the " Monarchy of Man," illus- trating his literary Taste and Skill . . . 245 His last Letter, a noble Compliment to the Ge- nius of Eliot 247 Melancholy Progress of public Affairs ; Hampden becomes one of the acknowledged Leaders of the People 247 1635. His Opposition to the Payment of Ship-money . 247 1636. Sir Peter Temple, High Sheriff of Bucks, sum- moned before the Council-table for his Default of Arrears ; his Letter to his Mother an Illus- tration of the Occasion and the Time . . 247 Hampden's Trial 248 Returned Member for Buckinghamshire ; has left no Record of his Eloquence behind him . . 248 Clarendon's Account of him at this momentous Period 248 Zeal with which he applied himself to the Bu- siness Affairs of this Parliament . . . 249 His Letter to the Archbishop of York . . . 249 Is again returned for Buckinghamshire ; his sec- ond Marriage 249 Retires from the Division on the Attainder of Lord Strafford 250 His Conduct on that Attainder discussed . . 250 Hampden the first who dared to anticipate a broader Field of Warfare than the Floor of the House of Commons, and to prepare himself for a more real Struggle 251 An earnest Promoter of the grand Remonstrance and of the anti-episcopal Measures . . . 251 His Speech on the Morning after the Impeach- ment of the Five Members .... 251 Mr. Southey's Opinion of this Speech refuted . 252 Buckinghamshire Petition in Defence of Hampden 253 Commencement of the Civil War ; Hampdeu sub- scribes 2000 to the Wants of the Parliament, and accepts the Commission of a Colonel in the Parliamentarian Army 253 Divisions of th# Parliamentarian Army . . 253 The King's Forces 255 Occasional Skirmishes on both Sides . . . 255 1642. (23d of October.) Battle of EdgehUl ; Address of the King to his Officers 256 Both Sides claim the Victory ; Hampden's Letter ta the Lieutenants of Buckinghamshire . . 256 Reverses of the Parliamentarians . . . 257 Close of the first Year of the War ; brilliant Suc- cesses of Hampden*, and great Opportunities lost by Essex 257 Extract from the " Mercurius Aulicus" . . 258 Vile Insinuations against Hampden's Honesty and Virtue 258 Successes of the Royalists 258 Serious Discontents in the Parliamentarian Re- giments 258 Wise Measures of Hampden .... 259 Receives his Death Wound .... 259 A true Relation of this Affair, abridged from the King's Collection of Pamphlets . . .260 A. IX Page 1642. Letter of Essex to the Speaker of the House of Commons ........ 261 Extract from one of the Parliament Newspapers giving an Account of Hampdeu's Death . .261 Extract from the " Weekly Intelligencer" . . 262 Lines from an Elegy written by a Friend and Fel- low-soldier of Hampdeu's .... 263 His Character 264 SIR HENRY VANE. 1612-1662. 1612. His Birth and Parentage 265 A brief Review of the chief Incidents of the Life of Sir Henry Vane the Elder . . . .265 Early Education of Sir Henry Vane . . . 266 Becomes a Gentleman-Commoner of Magdalen Hall ; visits Geneva 266 Returns to England ; his Prejudice and Bitterness against the Church ; rebuked by the Bishop of London 266 The opening Passages of his Life decisive eviden- ces of his Greatness ...... 266 Vane announces his Determination to leave his Country, and seek the Liberty of Conscience denied him here, in the New World beyond the Waters of the Atlantic 267 Interest and Curiosity excited throughout Europe by the Progress of Colonization in America . 267 Vane embarks for America ; characteristic Cir- cumstance on board the Passage Ship . . 267 1635. Arrives at Boston 268 (3d of March.) Admitted to the Freedom of Mas- sachusetts ....... 268 1636. Elected Governor of the Colony ; Detail of his short Administration 268 Difficulties which he had to contend with even before a single Act of his Government was . known 268 His Measure for the Prevention of the Evils ari- sing from the Number of foreign Vessels in the Harbour 269 Incident of his Government furnishing a striking Illustration of his own Character, no less than the Character of the Men he had to deal with, and who were necessarily associated with him in the Government 269 He summons the Officers of the British Vessels in the Port to a Conference with himself and the Magistrates of the Colony . . . . 269 The Conference reopened the following Day with greater Violence 270 The Case and its Result submitted to the Consid- eration of the Clergy 270 Commencement of that Hostility which ultimate- ly brought his Administration to a close ; Ex- . tracts from Sikes's Tribute to his Friend . 270 His great Influence with the People of the Colony enables him for some time to withstand effect- ually the Hostility of its Chiefs ... 271 Commencement of Occurrences which led to the PequotWar 27 The Antinomian Controversy . . . .27 Mrs. Anne Hutchinson ; her Arrival in Boston . 272 Her uncontrolled and irresistible Influence upon the whole Community 272 Accused of Heresy ; Vane interferes ; the ever fillant and generous Defender of the Rights of aith and Conscience 27! Her Doctrines explained 273 Many of her Doctrines become the ruling Princi- ple of the Life and the Faith of Vane . . 274 Description of the Divisions and conflicting Par- ties in Christendom, quoted by Sikes from one of Vane's religious Essays .... 275 His Advocacy of Mrs. Hutchinson only in accord- ance with the Principles which governed every Passage in his Life 276 Winthrop elected Governor, and Vane and his Friends left out of Office 27 His Controversy with Vane . . . . 2i7 This Discussion only to be alluded to here in so far as it illustrates the Character of Vane as a Statesman 277 1637. Extracts from Vane's Answers to Winthrop's " Defence of an Order of the Court, explaining its Intent, and illustrating its Equity" . 277, 278 (August.) Vane embarks for England . . 278 His Letters to his old and active Enemy, Win- throp 279 Brief Review of his colonial Residence and Ad- ministration 280 His Marriage with Frances, Daughter of Sir Christopher Wray 280 ANALYTICAL AND CHRONOLOGICAL TABLE. XXXV A.D. Page 1640. (April.) Returned Member of Parliament for the Borough of Kingston-upou-Hull . . .28 Appointed Treasurer of the Navy . . .28' Receives the Dignity of Knighthood from the Hands of Charles I. 28 (1st of November.) Again elected Member for the Borough of Kingston-upon-Hull, and takes his Seat at Westminster as a Member of the memorable Long Parliament . . . .281 His Conduct in the Affair of Lord Strafford's Trial 281 Distinguishes himself in all Matters of religious Reform ; one of the greatest Supporters of the "Root and Branch" Petition against Prelacy , 282 Reappointed Treasurer of the Navy by the Par- liament ; memorable Circumstance in connex- ion with this Reappointment .... 28! Severe Reverses suffered by the Parliament du- ring the second Year of the Civil War . . 281 Fervour and Determination of the Adherents of the Parliament 283 1643. (July.) The Parliament negotiate with the Scots; four Commissioners appointed; Vane principally confided in 284 Clarendon's Description of this Embassy , Serious Difficulty occurs in Vane's Departure from London 284 His Arrival in Edinburgh ; " a solemn League and Covenant effected" 284 The treacherous Intrigues of the Duke of Hamil- ton foiled on this remarkable Occasion by Vane's Article respecting Religion .... 285 (17th of August.) The solemn League and Cov- enant voted by the Legislature and the Assem- bly of the Church at Edinburgh . . . 285 Vane exposed to a more violent Hatred from the Royalists than he had yet experienced . . 285 Commencement of his Intimacy with the Marquis of Argyle ........ (25th of September.) The solemn League and Covenant adopted in England .... 286 1644. The Opening of the Campaign strengthened by the Accession of the Army from Scotland . 286 Vane in the Camp of Manchester . . . 266 Remonstrance and Discontent of the Presbyte- rians in the Debates in the House of Commons 287 Peculiar religious Opinions of Sir Henry Vane . 287 Extract from his " Retired Man's Meditations" . 287 A portion of his Prayer the Night before his Death 288 Different Opinions respecting his religious Opin- ions 289 Extracts from his religious Essays . . . 290 State of Parties 293 Treaty of Uxbridge 294 The King's Letter to the Queen .... 294 Proceedings of the Parliament .... 295 The Self-denying Ordinance .... 295 The New Model 295 A second Self-denying Ordinance transmitted to the Lords .296 Forces of the Parliament and of the King . . 296 Battle of Naseby 297 Defeat of the Royalists the first Result of Vane's Policy in the Matter of the Self-denying Ordi- nance and the New Model .... 298 Vane directs his Attention to the State of the Representation in the House of Commons . 298 Cromwell's Letter to the Parliament . . . 299 Charles endeavours to negotiate with the Parlia- ment 299 Origin of Vane's Conversion to Republicanism . 300 Extract from his Essay on Government . . 300 Petition secretly got up by the Presbyterians in the Name of the City carried into Parliament . 302 Mr. Godwin's Description of the Statesmen that flourished at this Time 302 Vane's Position that of the greatest Difficulty . 303 Whitelocke's Description of the Troops raised by Cromwell 303 Disgraceful London Riots in Favour of the Pres- byterians 303 Vane in Fairfax's Camp at Hounslow . . .303 Flight of the King from Hampton Court . . 304 1648. Treaty at the Isle of Wight arranged . . 304 Result of the Treaty ; Debate in the House of Commons on the Subject ..... 304 Speech of Sir Henry Vane 304 Pride's Purge ; Vane refusing to share in a Tri- umph obtained by such Means, retires to Raby 305 1649. (26th of February.) Leaves his Retirement and again joins his old Friends and Associates . 305 Elected one of the Members of the Council of State ; refuses to take the Oath expressing Ap- probation of the King's Trial and Execution . 306 A.D. pjgo 1649. Proceedings of the Council of State ; Bradshaw elected President of the Council . . . 306 Milton made Secretary to the Council for Foreign Tongues . . 308 Question considered in the Council the Dismis- sion of the present Parliament, and the sum- moning of another ...... 306 Objects of Vane ; the Administration of a State without the Intervention of a Sovereign and a Court, and the free and full Toleration of all Modes of religious Worship and Opinion . 307 Steps taken to strengthen the present Parliament 308 Temporary Arrangement effected . . . 308 1650. Close of the first Year of the Commonwealth ; Reduction of the Rebellion in Ireland . .308 Trial and Acquittal of Lilburne .... 309 Vane takes his Seat in the second Year's Council of State ; gradual Construction of the Naval Administration 309 Excellence of the Administration ; System of the Commonwealth . 309 Fairfax resigns the Commander-in-chiefship . 309 1651. Battle of Worcester . . . . . . 309 The restless Movements again resumed in the House of Commons on the Question of Dissolu- tion and a new House 309 (15th of May.) A Committee appointed to take the Subject into Consideration . . . 309 1652. (24th of September.) The Subject again discuss- ed in the House 310 Incorporation of Scotland with the English Legis- lature 310 Speech of Sir Henry Vane on the Subject of the Union 310 His unparalleled Efforts to increase the Navy . 312 Sonnet addressed to him by Milton . . . 312 1653. His Exertions to avert the Despotism of Cromwell 313 Cromwell's Plan for dissolving the Parliament . 313 (20th of April.) Vane hurries down to the House, to make a last Effort to sustain the Republic . 314 Cromwell with an armed Force dissolves the Par- liament 314 Cromwell arrives at Whitehall the absolute Dic- tator of three Kingdoms ; Vane at his private Home, a private Man 315 Brief Review of the Proceedings of the Long Par- liament 315 Provisions of the Bill orfwhich Vane was content to rest his Case with the People and Posterity 316 'Vane, a few Days after the Usurpation, settles quietly at Raby Castle 317 Proceedings of Cromwell 318 Vane publishes his "Retired Man's Meditations" 318 Enters the Field after his noble Fashion against the Dictator of the Commonwealth ; Extracts from his Political Treatises .... 319 " England's Remembrancer" published ; Vane summoned before the Council .... 320 (21st of August.) Appears before the Council . 320 (9th of September.) Sent a Prisoner to the Isle of Wight 321 1656. (31st of December.) Is Released . . .321 Measures adopted to involve his Estates in the Meshes of the Law 321 1658. (3d of September.) Death of Cromwell . . 321 1659. (27th of January.) Writs for a Parliament issued by the Council of his Son and Successor Rich- ard Cromwell 321 Extraordinary and extreme Measures to prevent the Election of Sir Henry Vane . . . 322 Vane once more takes his Seat in the House of Commons 322 (9th of February.) His Speech during the De- bate on the Question of the Recognition of Richard Cromwell 322 The Republicans beaten ; the Government vested in a single Person 324 (18th of February.) Vane again addresses the House on this Point 324 (21st of February.) His next Effort against Rich- ard Cromwell, aimed at him through his Ad- ministration 325 His Speech on the Proposition of sending as much Shipping and Forces as might be necessary to .promote the Success of a Mediation in the Af- fairs of the Kings of Sweden and Denmark . 325 Effect produced by this Speech ; its Recommend- ation most subtilely and effectively aimed . 326 (1st of March.) His Speech during the Debate on the famous " Petition and Advice" . . 327 (9th of March.) Directs his Assaults against the Scotch and Irish Nominees .... 328 His Speech on the Presentation of the Petition from seventy Royalist Prisoners, who had some ANALYTICAL AND CHRONOLOGICAL TABLE. XXXVI A.D. Page 1659. Years before sent to Barbadoes and sold as Slaves 328 Extraordinary Party formed without the Doors of the House ; Richard Cromwell attempts to dis- solve the Parliament 328 They debate with closed Doors . . . .32 Vane addresses the Speaker .... 329 Formal Abdication of Richard Cromwell ; Re- suscitation of the famous Long Parliament ; Administration of the Government for a short Period on Republican Principles . . . 329 Rapid Sketch of the general Features of Vane's Conduct before his Arrest .... 329 1660. RESTORATION. (July.) Arrested at Hampstead, and flung into the Tower .... 330 Debates in the Commons on the Act of Indemnity 330 Vane removed to a solitary Castle on one of the Isles of Scilly 330 Extracts from his religious Works written during his Imprisonment 331 1662. (7th of March.) His Letter to his Wife . .332 Removed to the Tower of London, the Grand Jury having found a Bill against him as a false Traitor 333 (2d of June.) Arraigned before the Court of King's Bench 333 The Indictment read to him twice in English . 333 Refused the Assistance of Counsel . . . 333 His Address to his Judges 333 Before resuming his Seat once more claims the Benefit of Counsel ; refused ; brought up to Trial 334 Substance of the Evidence in Support of the Prosecution 334 Sir Henry Vane called upon for his Defence . 334 Extracts from this immortal Defence, in which he illustrated the emphatic Differences which separated his Case from that of almost every other Supporter of the Cause .... 335 Proves by a few Witnesses the utter Falsehood of much of the Crown Evidence . . . 336 A Verdict of Guilty found against him ; carried back to the Tower 336 The King's Letter to Clarendon the Day after Vane's Trial 337 (llth of June.) Vane brought up to receive his Sentence . 337 His Reasons why Sentence of Death should not be passed upon him 337 Sentenced to be executed on Tower Hill . . 339 Passages from his Prayer with his Family the Night before his Execution .... 339 His Conversation with the Sheriff the Morning of his Execution 340 His triumphal Progress from the Tower to the Scaffold 340 His Address to the People 341 His Execution ; Remark of Sikes on this infamous Murder 342 His eldest Son sworn into William's Privy Coun- cil at the Revolution of 1688, which banished forever from England the detested Family of the Stuarts 342 APPENDIX. A. A Healing Question propounded and resolved, upon Occasion of the late public and seasona- ble Call to Humiliation, in order to Love and Union among the honest Party, and with a De- sire to apply Balm to the Wound before it be- come incurable 343 B. The People's Case stated 347 C. Vanity of Vanities, or Sir Harry Vane's Picture 351 D. Sir Harry Vane's Speech at a Committee for the Bill against Episcopal Government, June llth, 1641 351 E. A Letter from a Person of Quality to a Relation of Sir Harry Vane, a Week after the Execution 352 HENRY MARTEN. 16021660. 1602. His Birth and Parentage 353 His early Education 353 1619. The Degree of Bachelor of Arts conferred on him by the University of Oxford .... 353 His Marriage 353 Anecdote of him related by Aubrey . . . 353 1640- Chosen to represent the County of Berkshire in Parliament 353 (April.) The Long Parliament summoned ; Mar- ten a second Time returned with Enthusiasm 354 A.TJ. Page 1640. The first who is reported to have avowed Repub- lican Principles 354 Anecdote relating to this Fact .... 354 Clarendon's Imputations on his good Faith re- specting his great political Associates have no Warrant or Authority 355 1640, 1641. He takes a most prominent Part in all the Consultations of the Liberal Leaders, and in all their most memorable Actions . . . 355 1642. Simple Frame of the first Executive Government of the Parliament ; Marten appointed one of the Committee of Safety ..... 355 A Colonel's Commission granted to him by the Parliament ....... 355 More successful as a Civilian than a Soldier ; once more at Westminster engaged in fierce Contests and Disputes with the House of Lords 355 Disputes between the two Houses respecting two young Horses taken out of the King's Stables by a Person of the Name of De Luke . . 356 Anecdote of Marten, said to belong to this Period, related by Doctor Peter Heylin . . . 356 1643. (16th of August.) Expelled from the House and committed to the Tower ..... 357 Discharged after a Fortnight, without paying any Fees for his Imprisonment .... 357 Contributes out of his own Resources upward of 3000 to the parliamentary Commissioners for the Maintenance of the War .... 357 During his Absence from the House the Self-de- nying Ordinance debated and passed . . 357 1646. (16th of January.) A Resolution passed for his Reinstatement in the House .... 357 Received with an enthusiastic Welcome on re- entering the House of Commons . . . 357 His Interference in behalf of Lilburne . . 358 Anecdotes of his Wit 358 Case of Judge Jenkins and Sir Francis Butler . 358 Humane Interference of Henry Marten . . 359 Speech intended to have been spoken by Jenkins at the Place of Execution .... 359 Another Instance of Marten's humane Interfe- rence in the Case of the Poet Davenant . . 359 Strife between the Independents and the Presby- terians ; Marten the most active and perseve- ring of the Opponents of the King . . . 360 1647. The Scots Commissioners claim the Right of In- terference and Dictation in the Terms of Peace proposed to the royal Prisoner . . . 360 Marten's Argument on this Occasion . . 360, 366 The Pretences of the Scots and the serious Inva- sions they implied against the newly-achieved Freedom of England ably exposed . . . 361 The altered Position of the Scots since the Con- clusion of the War exquisitely illustrated in the Answer to their first Argument . . 362 He describes the wise and tolerant Faith of the Independents with a careless yet noble Sim- plicity 362 The general Case of the Independents against all their Opponents, whether of England or Scotland, stated with inimitable Ease and Clearness 363 His Treatment of the fifth and last Argument of the Scots Commissioners .... 36-1 The Close of this Argument remarkable as illus- trating, wilh superior Force, the Republican Fervour of Marten's Views, the various Wit of his Illustrations, and the Republican Plainness and Strength of his Style .... 365 Four Bills, imbodying the Conditions of Treaty, sent by Parliament to the King for his Assent 366 He rejects the Bills of the Parliament, and signs a secret Treaty with the Scots, by which he binds himself to renounce Episcopacy and ac- cept the Covenant in solemn Parliament of both Kingdoms ...... 366 Commencement of Operations for changing- the Form of Government from a Monarchy into a Republic 366 Debates on this Subject ; Cromwell's Speech . 366 Advance of Fairfax upon London : is joined by Marten in his capacity as Colonel . . . 367 Extracts from Ireton's famous Papers and Re- monstrances to the House of Commons, shown up in behalf of the Army .... 367 The Parliament renews a friendly Negotiation with the King 368 He rejects their Proposals with infatuated Scorn 368 Extracts from these Proposals .... 368 The Army send up a Remonstrance to the House, calling for the immediate breaking up of the Treaty, and for Justice on the King as the " capital Source of all Grievances" . . . 370 ANALYTICAL AND CHRONOLOGICAL TABLE. XXXVll A.D H-47. 1648. 1649. 1650. 1657- I860. Pride's Purge . .... 3(0 (23d of December.) First Step against the Life of the King attempted in the House of Com- mons ........ 371 A Committee of Thirty-eight appointed to pre- pare Charges against him .... 371 Anecdote of Marten's Share in these Deliberations 371 (28th of December.) An Ordinance for the King's Trial carried into the House of Commons . 371 (1st of January.) Charge against the King re- ported by the Committee of Thirty-eight . 371 (2d of January.) The Ordinance and the Charge sent up to the Lords ..... 371 (6th of January.) The Ordinance read a third time and passed ; the Number of Commission- ers named in it a hundred and thirty-five . 372 (8th of January.) Proclamation made in West- minster Hall by the Sergeant-at-arms of the coming Trial of the King .... 372 (9th of January.) Report of the Committee for the Construction of the Great Seal carried into the House of Commons by Henry Marten . 372 The Instructions of the Committee adopted, and the new Seal ordered to be prepared with all convenient Despatch ..... 372 (10th of January.) The Commissioners again meet; Bradshaw chosen President of the Court 372 Counsel for the Prosecution fixed upon ; the King brought privately from Windsor to St. James's ........ 373 (20th of January.) Conducted by Colonel Har- rison from St. James's to Westminster . . 373 The Charge delivered in Writing by Coke, and read by the Clerk ...... 374 The King replies in a grave and collected Man- ner ......... 374 Progress of the Trial ; the Duty of preparing the Draught of a final Sentence intrusted to Henry Marten ........ 374 Sentence pronounced on him by Bradshaw . 375 Receives the farewell Visit of his Children . 375 (29th of January.) The Warrant for his Execu- tion signed by the fifty-nine Commissioners . 375 Extraordinary scene between Marten and Crom- well, said to have occurred on the signing of this Warrant ....... 376 (30th of January.) Execution of the King . 376 Its Effect on the Kingdom ..... 377 The Business of the Commonwealth resumed with quiet and resolved Deliberation . . 377 A Vote passed in the Commons declaring Monar- chy extinguished in England .... 378 Marten the most prominent Actor in all the Pro- ceedings of the Parliament at this Period . 378 (17th of February.) An Executive Council of State installed ....... 378 Proceedings of the Council; Repeal of the Stat- ute of Banishment against the Jews . . 378 Difficulties which beset the Commonwealth rela- ting to the Question of a Dissolution of the Parliament ....... 379 Speech of Marten during the Debate in the House of Commons on this Subject .... 379 Dissensions in the Army promoted by Lilburne . 379 Losses endured by Marten in the Public Service taken into consideration by the House of Com- mons ........ 380 One thousand Pounds per Annum settled on him by the Parliament ...... 380 His Disputes with Cromwell .... 380 Excluded from the Council of State . . .381 Instances of his happy Humour during the serious Debates of this Period ..... 381 His Name again appears in the Council of State 381 Last Scene of the Council of State, as described by Godwin ; brief and concentrated Remon- strance of Bradshaw ..... 381 Marten thrown into Prison ..... 382 1658. Extracts from Scot's Speeches in Oliver Cromwell's last Parliament . . . 3S2, 384 Death of Oliver Cromwell ; Resumption of Power by the Republicans ...... 384 Thurloe's Proposition in Richard Cromwell's first Parliament ....... 384 Scot's Speech in Vindication of the Intentions of the Long Parliament ..... 385 Richard Cromwell driven from the Protectorate ; Henry Marten once more takes his Seat in the House of Commons ...... 386 Restoration of Charles II. ; Henry Marten sur- renders, and resolves to stand his Trial . . 387 (10th of October.) Placed at the Bar of the Old Bailey, and required to plead .... 3P7 Questions put to him by the Court . . 387 A.T). Pag 1660. The Case opened by the Crown Counsel . . 387 Examination of Witnesses 388 Sir Purbeck Temple's Evidence .... 388 The Solicitor-general addresses the Jury . . 388 Marten called upon for his Defence ; he address- es the Court 389 The Solicitor-general follows in Aggravation of the Case 389 The Lord-chief-baron delivers the Charge ; a Verdict of Guilty returned by the Jury . . 389 Discussion of the Matter in the House of Com- mons 390 1660-81. Imprisoned in the Castle of Chepstow, in Monmouthshire ...... 390 Anecdote of his long Imprisonment . . . 390 His Death in, the seventy-eighth Year of his Age 391 OLIVER CROMWELL. 1599-1658. 1599. (25th of April.) His Birth 392 His Family 392 Descended from the Royal Family of the Stuarts 394 Amiable Character of his Mother . . . 394 Oliver Cromwell baptized in the Parish Church of St. John 395 Marvellous Stories of his Youth . . . . 395 Anecdote relative to his first Meeting with Charles 1 395 Singular and awful Incidents connecting his Childhood with the mighty Future that await- ed him 396 Description of his School Days .... 397 1616. (23d of April.) Enters Sidney Sussex College as a Fellow Commoner ...... 398 Notice^ of his boyish Irregularities . . . 399 1617. (June.) Death of his Father, Robert Cromwell 400 Enters as a Member of Lincoln's Inn . . . 400 Returns to Huntingdon ; his wild, dissolute Char- acter 400 His Lawsuit with his Uncle, Sir Thomas Steward 401 1620. (22d of August.) His Marriage with Elizabeth Bourchier 402 Her amiable Character 403 Fixes his Residence in his native Town of Hunt- ingdon, and addresses himself to those Studies and Pursuits which were to pave his Way to Greatness 403 His House becomes notorious as the Refuge of the Nonconformist Ministers ..... 403 He encourages them in their Opposition, pro- claims their Wrongs, and urges the Necessity of Redress 404 Dates of the Births of his Children . . . 404 1626. (14th of October.) His Letter to Mr. Henry Downtell, of St. John's College, Cambridge, characteristic of his Mind at this Period . . 405 1628. (March.) Takes his Seat in the Third Parlia- ment of Charles I., as Member for the Borough of Huntingdon ....... 406 Is introduced to the House by Hampden . . 406 His Speech during the Debate in the Case of Main waring 406 Striking Effect which his Speech created . . 406 Dissolution of the Parliament ; Cromwell returns to Huntingdon 406 Appointed Justice of the Peace under the New Charter granted at this Time to the Hunting- don Corporation ...... 407 1631. Sells his small Patrimony, and removes with his Wife and Children to St. Ives . . .407 Achieves an Influence through the Neighbour- hood, unequalled for Piety and Self-denying Virtue 408 1635. His Letter to Mr. Stone during his Residence at St. Ives 408 1636. (June.) Removes to the City of Ely on the Death of his Uncle, Sir Thomas Steward . . .409 Appointed to the Trusteeship of some important Charities in the City 409 Attacked by one of his worst hypochondriacal Distempers 409 1638. (13th of October.) His deeply interesting Letter to his Cousin, Mrs. St. John .... 410 Slight Allusion in this Letter to his domestic Con- cerns ........ 410 His Eagerness in watching the Progress of Events towards the now inevitable Long Parliament . 411 Occasion whereof he most skilfully avails himself in furtherance of his eager Hopes and 1 Wishes 411 Inflames the People everywhere against the greedy Claims of Royalty, and gross Exactions of the Royal Commission . . . . 411 xxxvm ANALYTICAL AND CHRONOLOGICAL TABLE. A.D. 1638. 1640. 1642. 1643. 1647. 1643. 1644. 1644. Completion of the Bedford Level ; popular Dis- content ..... . 412 (November.) Cromwell offers himself as a Can- didate for the Representation of Cambridge . 412 Is returned after a formidable Opposition by a Majority of a single Vote ..... 412 (llth of November.) Opening- of the Parliament 413 Arrest of the Earl of Strafford . . . .413 Sir Philip Warwick's Description of Oliver Crom- well at the Beginning of this Parliament . 414 Proceedings of the Commons . . . .414 Letters of Charles Louis, Prince Elector of the Palatinate, to his Mother the Queen of Bohe- mia, illustrating the Character and Events of the Time ....... .415 Impoverished State of the Exchequer . . 416 Reckless Extravagance of the King . . . 417 Passage from Clarendon referring to the latter part of this Year . . . . . . 417 (12th of November.) Letter of Charles Louis, detailing an Interview with his imprisoned Un- cle, Charles 1 ........ 418 Cold and unfeeling Strain of his Letters within a Month of his Uncle's Execution . .419 Remonstrance of the Commons .... 419 Commencement of the Civil War . . . 419 Decisive Movements of Cromwell . . 420 Organization of his immortal Troop of Iron- sides ........ 420 Excellence of his military Discipline . . . 421 Sir Philip Warwick ; his Account of Cromwell's Regiment of Ironsides ..... 421 Cromwell's last Instruction to this celebrated Regiment ........ 422 Their determined Zeal ..... 422 Movements of the King's Troops . . . 423 Sir Bevil Grenville ; his Letters to his Wife . 424 Seizure of Sir Thomas Couisby .... 425 First pitched Battle between Charles and his Subjects ........ 425 Cromwell's Letter to the Speaker describing this Battle ....... 425 Defeat of the Royalists ..... 425 Colonel Thornhaugh ; Ireton ; Beginning of his Intimacy with Cromwell .... 426 Success of the Royal Troops ; Rout of the Par- liamentarians at Bradock Down . . . 426 Siege of Plymouth ...... 426 Battle of Lansdowne ...... 427 The Cause of the Parliament in Danger ; fatal Imbecility, and suspected Treachery of Essex ; Death of Hampden ...... 427 Settlement of the Solemn League and Covenant 428 Jealousies in the King's Troops .... 428 Battle of Newbury ...... 428 Description of this Battle ..... 428 Lord Falkland slain ; his Character . . . 430 Cromwell in Lincolnshire ..... 431 (9th of October.) Is joined by Fairfax ; his ex- traordinary Influence over his determined Iron- sides ........ 431 Close of the Campaign ..... 432 Cromwell appointed Lieutenant-governor of the Isle of Ely ; his Exertions in Cambridge . 432 Parliamentary Commission for effecting a Reform in the Universities of Cambridge . . 432 (19th of January.) Commencement of the tre- mendous Campaign of 1644 ... . 433 Distribution of the Forces of the Parliament and of the King . . . . . . 433 The Royalists defeated at Yprk . " . . 433 Siege of York ; Movements of the Midland and Western Forces ...... 434 (4th of June.) The King's Letter to his Neph- ew, Prince Rupert ...... 434 Admirable military Movements by the King . 435 The Parliamentarians under Waller defeated on the Banks of the Charwell .... 435 Quarrel between Prince Rupert and the Marquis of Newcastle ....... 435 (2d of July.) Battle of Marston Moor ; Night of the Battle ....... 435 Nearly Half of the entire Kingdom now hopeless- ly lost to Charles 1 ....... 437 Cromwell wounded ; his Letter to his Brother- in-law after this Victory ..... 437 Rise of the Independents ; their Aversion to Pres- byterianiem as well as Prelacy . . . 438 Milton's " Areopagitica" ..... 438 Condition of the Parliamentary Army and its Chiefs ; the King proposes a Negotiation . 438 High-minded Policy of the Commons ; Manches- ter and Cromwell, Essex and Waller, march against the King ...... 439 A.D. Pago 1644. (27th of October.) Serious Fight between the Royalists and Parliamentarians at Deiming- ton 439 Cromwell seeks Counsel and Co-operation from the Genius of the Younger Vane . . .440 Resolves to venture a decisive Stroke against the Presbyterian Councils and their Favourers in the Parliamentary Army 440 The first startling Exhibition of the legislative Influence of the Independents .... 440 Eve and Origin of Cromwell's Greatness and In- fluence as a Politician 440 Cowley's " Vision," Extracts from . . . 441 His Division of the Men whom Cromwell deceived 441 Sir Harbottle Grimston 442 Bishop Burnet ; his Account of Cromwell's Con- duct in the House of Commons . . . 442 Extract from Hollis's Memoirs .... 442 Craft and Duplicity of Cromwell . . . 443 His Conversation with Ludlow . . ... 443 He endeavours to accomplish a Reconciliation be- tween the Presbyterians and Independents . 444 His Character that of a deliberate Usurper . 445 Extract from Ludlow at the lime of Cromwell's Return from his Government in Ireland . . 445 Enthusiastic Democracy of the Army, and its fiercely Republican Officers .... 446 The Army the first Power of the State . . 446 Major-general Harrison ; his Reasons for joining Cromwell 446, 447 Extract from Bishop Burnet illustrating Crom- well's Character 447 Major Streater, Colonel Okey .... 447 Cromwell's Letter to the Governor of the Castle of Edinburgh 447 Style adopted towards Cromwell by indifferent Persons, whom he had obliged, or who hoped for Favours from him 448 Straits to which he was reduced on the Eve of the Battle of Dunbar 449 His Letter to Fairfax on his recovering from Ill- ness 44V His Letter to Lord Wharton .... 44' His Letter to Mr. Cotton, Pastor at Boston ; a striking Illustration of certain eminent Peculi- arities which lay at the very Root of the Strength and Weakness of his Character . 44C 1 His Letter to his eldest Daughter, containing several characteristic Points .... 450 Extracts from Letters of Harrison and Bradshaw 450 Anecdote of Cromwell related by VVhitelocke in his " Memorials" ...... 451 Anecdote of Cromwell related in the Life af Wal- ler 451 General Affairs of his Household ; his Strictness in religious Observances ...... 452 Religion with him rather a Matter of Policy than Persuasion . . . ..' 452 Selection of his Chaplains : ". . . .452 His remarkable Fondness for Buffoonery . . 452 Extract from a Loyalist Pamphlet, entitled " The Court and Kitchen of Mrs. Joan Cromwell" . 453 Anecdotes of Cromwell related in Whitelocke's " Memorials" 453 General Remarks on his Character and Abilities for Statesmanship 454 His Want of Truth 454 Close of the Notices of Cromwell's more familiar Habits 454 (23d of November.) Discontent of the House of Commons with the Affair of Dennington Cas- tle ; Cromwell's Speech on this Occasion . 455 Lord Manchester's Narrative of this Affair, in the House of Lords . . . . . . 455 (2d of December.) Measures against Cromwell 455 (9th of December.) The Project of the Self-de- nying Ordinance brought forward in the Com- mons ; Cromwell's Speech . . . 45& Progress of this Measure ; its Defeat by the Lords 457 1645. A second Measure introduced .... 457 (3d of April.) Passed into a Law ; Reduction of the Army 457 Sir Thomas Fairfax appointed Commander-in- chief 457 (10th of June.) Cromwell appointed a Lieuten- ant-general of Cavalry 458 His Success at Islip Bridge .... 459 Successful Movements of the King . . .459 Fixes his Headquarters at Daventry . . . 459 Movements of Cromwell and Ireton . . . 460 (14th of June.) Battle of Naseby . . .460 Fortune of the Day turr-ed by Cromwell . . 461 Brilliant and decisive Victory of the Parliament- arians 461 ANALYTICAL AND CHRONOLOGICAL TABLE. A.D. Page 1645. Cromwell's Letter to the Speaker of the House of Commons after this Victory . . . 461 Vigilance of Cromwell ; Leicester retaken . 462 (4th of August.) Defeat of the Club Men ; Crom- well's Letter to Fairfax oil this Occasion . 462 Surrender of Bristol 463 Marvellous Escape of Fairfax and Cromwell . 463 Surrender and Capitulation of Winchester to Cromwell's victorious Troops .... 464 Fall of Basing- 464 (14th of October.) Cromwell's Letter to the Speaker of the House of Commons . . . 464 Continued Successes of Fairfax and Cromwell . 465 Flight of the King in Disguise from Oxford . 465 Cromwell -received in London with extraordinary Honours ; enters the House of Commons . 465 (1st of December.) The Title and Dignity of Baron of the Kingdom of England conferred on Cromwell 465 1646. (31st of January.) A Pension of 2500 settled on him by the Commons 465 Negotiations opened with Cromwell by the King ; Stipulations of the Treaty .... 466 Rejected by Cromwell 466 Extract from the Memoir prefixed to the State Letters of Orrery 467 Cromwell recommends to the People of England such a Government as the Netherlands' States- General 468 Flight of the King to Carisbrooke . . . 468 Examination of Colonel Robert Hammond at the Bar of "the House of Commons . . .468 Cromwell's Letters to him in every way charac- teristic of the Writer 468 Resolution for establishing a Republic in England passed by a Majority of 141 to 92 . . . 469 Speeches of Cromwell and Ireton . . . 469 Startling Effect of this Measure ; Attempt to dis- band the Army . - . i .' . . . 469 Rise of the Agitators ...... 469 Conduct of Cromwell illustrated by a Letter ad- dressed to some Officers iti the Welsh Counties 469 1648. Presbyterian Invasion by the Covenanters' Army of the Scots, and regular Commencement of the Second Civil War . .. ... . 470 (17th of August.) Battle of Preston : both King- doms thrown into the Hands of the Republicans 470 (20th of August.) Cromwell's Letter to the Speaker of the House of Commons ; a most striking Despatch of this Battle . . . 470 He marches for Scotland 472 (20th 'of September.) Issues his Proclamation . 472 Is received with Enthusiasm in Edinburgh . 472 Returns to London ; Death of his eldest Son . 472 His Negotiation with Mr. Majof'for the Marriage of his Son Richard 473 Extracts from his private Correspondence . . 473 1649. (1st of May.) Marriage of his Son Richard to Dorothy Major 476 Mighty Events created and controlled by Crom- well in the Interval comprised by these mar- riage Negotiations ...... 476 Bishop Burnet's Account of the Sequel of this Second Civil War 477 Anecdote with Reference to a Cousin of Crom- well's 477 Execution of the King 477 Charles II. proclaimed 478 (10th of July.) Cromwell appointed Lieutenant- general and General Governor of Ireland . 478 His Letter to Mr. Major . . . . . 478 (13lh of August.) His second Letter, just before his Entrance into Dublin .... 479 His Letter to his Daughter 479 Farther Extracts from his private Letters from Ireland 479 His Arrival in Dublin 479 Selects Drogheda for his first Object of Attack . 480 (10th of September.) Sends a Summons to the Governor to surrender, which is rejected . 480 He effects a Breach, and takes the Town by Storm 480 His Despatch, describing the desperate Resist- ance of the Enemy . . ... 480 His Progress through Ireland in grim and bloody Triumph 480 Opposition offered by Wexford ; another Deluge of Blood 480 Rosse surrenders to him after a Siege of three Days . . . . . . . .481 1650. Extracts from his Despatches during his terrible Irish Government ...... 481 Siege and Massacre of Wexford .... 481 Some Glimpses of Cromwell's wiser Policy visible in these Despatches 482 XXXIX A.D. Pag 1650. Last Extract descriptive of some later Incidents in the Campaign 483 Cromwell returns to England; appointed Com- mander-in-chief, and directed to proceed to Scotland to reduce the Rebellion there . . 484 (23d of July.) Enters Scotland with 11,000 Horse and Foot ; his Proclamations and wise Disci- pline 484 David Leslie Commander-in-chief of the Scottish Army 484 (1st of September.) Cromwell enters Dunbar . 485 (2d of September.) Holds a Council of War ; Battle of Dunbar 485 (3d of September.) The Parliamentarians gain a decided Victory 486 Cromwell's Despatch written the Day after the Battle 486 His Letter to Richard Major at Hursley . . 487 Farther Extracts from his private Correspond- ence 487 Successes of Cromwell in Glasgow and Edin- burgh . . .489 Spends the Winter in polemical Discussions and Correspondence with various Ministers . . 489 Transports his Army into Fife, and proceeds to- wards Perth, which he captures after a Siege of two Days 489 Makes Preparations for the Battle of Worcester 48U 1651. Charles II. proclaimed at Worcester . . . 490 Alarm in London ...... 490 (2d of September.) Cromwell's Preparations completed 490 (3d of September.) Battle of Worcester, signal Defeat of the Royalists, and Triumph of Crom- well 490 His memorable Letter to the Parliament of Eng- land ' . . . .491 His Excitement on the Field .... 491 1652. State of Parties after the Defeat of Worcester . 491 Sublime Talents and Energy of the Men who were at the Head of Affairs 491 A Majority of the People still strongly attached to the Forms of Monarchical Government . 491 The Government of the new Form has now brought to a successful Issiie its Struggle for Existence . . . '. ' . . . . 492 Cromwell's Despatches read from the Speaker's Chair to the assembled Commons, and from every Chapel in the vast City to its crowded and excited Congregation .... 492 Extract from one of his Despatches . . . 492 Vote of the House at this memorable Crisis . 493 Four of the first Members of the Government ap- pointed by the Parliament to meet and con- gratulate Cromwell at Aylesbury, on his Way to the Capital 493 His slow and triumphant Progress with his Army towards London 493 Receives the Parliamentary Commissioners at Aylesbury with an Air of Courtesy and Conde- scension, which had a regal Stamp upon it . 494 Enters London in great Solemnity and Triumph, accompanied by the Four Commissioners of Parliament 494 1652. (16th of September.) Resumes his Parliament- ary Duties by a Revival of the Debate touching a new Representative ..... 494 (8th of December.) Sudden Death of the gallant and Virtuous Ireton 495 (10th of December.) Cromwell summons and holds a Meeting at the Speaker's House of those Friends, military and civil, whom he supposes to be well affected towards his own political Views . 493 Startling Question which he propounds to them 495 The Conference opened by the Speaker of the House of Commons . . . .-,. . 496 Discussion of the Question, Whether a Republic or a mixed Monarchical Government would be best to be settled 496 Different Opinions on the Subject . . .496 Conclusion of the Conference .... 497 A Bill passed to limit the Duration of the Parlia- ment to the 3d of November, 1654 . . . 497 Energy and Excitement of both Parties in the House at this memorable Crisis . . . 497 Discussion of the Question for the Reduction of the Army 498 (12th of August.) The Question referred lo Council of State, to give an Account, with al convenient Speed, of the former Vote respect- ing the Retrenchment of the Forces . . 498 Cromwell declares open War upon the Parlia- ment ... ... 498 ANALYTICAL AND CHRONOLOGICAL TABLE. A.D. "" Page 1652. A Council of Officers held at Whitehall . . 498 (13th of August.) A Petition drawn up and pre- sented by them to the Parliament . . . 498 Insincerity and Selfishness of the Petition . . 499 The Petition referred to a Committee . . 499 Consideration of the Bill for the Dissolution of the Parliament, and the Provision for future Parliaments in Succession .... 500 (8th of November.) Conference between Crom- well and Lord-commissioner Whitelocke . 500 Whitelocke's Account of their private Discourse 500 Conclusion of their Conference . . . .501 Cromwell turns back to his Military Council . 503 Contest between the Chiefs of the Common- wealth and their too powerful Servant . . 504 Grand Position assumed by the Republican Lead- ers in closing their War with the Dutch . 504 The sacrilegious Purposes of Cromwell suspend- , ed for a brief Space 505 The last great Effort of the Dutch to recover the Supremacy of the Sea ..... 505 Events tend to establish more decisively than ever the internal Power of the Commonwealth 505 Cromwell and his Officers endeavour to calum- niate the Parliament, and pronounce them guilty of those Crimes whereof themselves were faulty 506 Proceedings of the Parliament .... 506 Deceit and Duplicity of Cromwell . . . 506 Sudden Change in the Policy of the Parliament 506 Fierce Contempt exhibited by Cromwell for the popular Pretences on which he first rested . 507 Measures adopted by him for establishing the Basis of his Tyranny 508 Designs to prepare the Minds of the common People by the. Use of his favourite Engine, Fanaticism 508 1653. (19th of April.) Last Meeting of Cromwell's Council 509 Proceedings of the Council .... 509 Measures of the Parliament .... 510 Cromwell's violent Disputes with the Parliament 510 Expels the Members by Violence . . . 511 Becomes virtually Lord of England, and stands with a heavier and more daring Foot upon her Neck than had ever been placed there by any of her Kings . . . . . . .511 His Reception by the Council of State . . 512 Publishes his Declaration of the " Grounds and Reasons for dissolving the Parliament'' . . 512 A second and third Declaration published . . 515 Sympathies divided between the Old and New Parliaments 516 Cromwell's Speech in Explanation of his Conduct 516 Singular and incomprehensible Style of his " Justification" 517 Discontent of the Members at the abrupt Disso- lution of the Parliament 520 Political Struggles of a great Character for the Future rather than the Present . . . 520 State of Parties at this Period . . . .521 Fatal and disastrous Etfect produced on all by the forcible Dispersion of the Long Parliament 522 Position of the Statesmen after the Action of the 20th of April 523 Necessity a favourite Plea with the Partisans of Cromwell 523 Mrs. Hutchinson's Description of the Condition of the Commonwealth on the Eve of its Fall . 523 Ludlow's Description of the disinterested and im- partial Character of the Long Parliament . 523 Brief Sketch of the Measures by which the Statesmen of the Long Parliament made them- selves so famous ...... 525 Financial Proceedings ..... 525 System of Sequestration ..... 526 Various Measures of Law Reform . . . 527 Abolition of the Court of Wards . . .527 System of Religious Toleration .... 528 A Bill passed with a View to correct certain Ex- travagances in the Professors of Religion . 528 Administrative Genius of the Statesmen of the Commonwealth 529 List of the Names of the Statesmen of the Com- monwealth 532 State of the Commonwealth at the Time of its Overthrow by the Violence of Cromwell . 533 Commencement of the Reign of Saiuts . . 533 Warlike Construction of the new Council of State 533 Movement of the Royalists 534 Cromwell seeks the Interests and Friendship of Cardinal de Retz . .... 534 State of Parties 534 A. D. Page 1653. The Spirit of Confusion alone predominant . 535 A Parliament called ; the Barbone Parliament . 536 Test to the Members 537 General Characteristics of the great Majority of the Members 538 Monk selected by Cromwell to supersede Blake in the naval Command 539 Antony Ashley Cooper and George Monk . . 539 (4th of July.) Speech of the Protector on the Opening of the Barbone Parliament . .539 He deprecates the Proceedings of the late Par- liament 540 1654. His elaborate and worthless Attempt to vindicate the Dispersion of the Long Parliament . .540 Etfect produced 543 Close of his memorable Address .... 544 His Instrument of Government .... 544 His Resignation accompanied with all the Forms that could declare it final and irrevocable . 545 Characteristic Incident recorded by Lord Leices- ter in his Journal ...... 545 Cromwell's favourite Policy, to win open Trust and pay it back with secret Treachery . . 545 Meeting of the Convention in the Old Parliament House at Westminster ; Mr. Francis Rouse elected Speaker ...... 545 Cromwell invited to assist in their Deliberations as Member of the House 546 (12th of July.) Proceedings of the Parliament or Convention ....... 546 First Movement in the House against Tithes . 547 (20th of July.) Eleven important Questions re- ferred to as many Committees . . . 547 Incidents which marked the Interval between the Issue of the Writs and their Meeting in Obe- dience to them, while the Military Council held supreme Command ..... 547 Brief Review of the Dutch War . . .548 Naval Victory of Monk ; Admiral Dean killed . 548 (22d of June.) Arrival of the Ambassadors from Holland to negotiate for Peace . . . 548 Cromwell receives the Dutch Delegates with a haughty Pride ; refuses their Propositions . 549 Another naval Victory for England . . . 549 Monk issues a memorable and characteristic Or- der through his Ships 550 (31st of July.) Great naval Victory ; Van Tromp, the Dutch Admiral, killed .... 550 Reception of the English Admirals in London . 551 Case of Lilburne 551 His Reappearance in England : his Arrest . 551 Endeavours to obtain a Respite of his Trial till the Meeting of the Convention . . . 552 Arraigned at the Sessions on the capital Charge of having violated the Statute of his Banish- ment 552 His Trial and Acquittal 553 His Trial a striking Characteristic of the Time 553 Royalist Conspiracy 554 Cromwell's Letter to his Son-in-law Fleetwood 554 Whitelocke sent in the Character of Ambassador Extraordinary to the Swedish Queen Christina 554 Proceedings of the Parliament of Saints . . 555 Their War with the Lawyers ; Act respecting Marriages ....... 555 A Bill introduced for Relief of Creditors and poor Prisoners for Debt 555 Brief Sketch of its Provisions .... 556 List of the Enactments of general Government and Policy passed by the Convention . . 556 A Bill brought in, read and debated on, for the uniting of Scotland to the Commonwealth of England as a Part of it, with equal Privileges 558 Declaration thai the Court of Chancery should be totally taken away and abolished . . 558 Question how to dispose of the Causes actually pending in the Court, and to substitute a less objectionable Tribunal in its Place . . . 558 Second great Vote for a general Revision and new modelling of the whole Body of the Law . 559 Debates on the Subject 560 Third Vote involving the Subject of Presentations to Benefices ....... 561 Third and last Vote involving the much-tried Question of Tithes 561 Debate on this Subject 561 Disputes in the Parliament .... 562 1654. (16th of December.) Cromwell inaugurated Lord-Protector 564 The Instrument of Government read aloud by one of the Clerks of the Council .... 565 Triennial Parliaments established . . . 566 Cromwell's first Act is to revive the Forms of Monarchy 56ft ANALYTICAL AND CHRONOLOGICAL TABLE. xli A.D. Page 1654. Completes the Arrangement of his Council, as named in the Instrument of Government . 567 Extravagant Rumours in London . . . 568 Proceedings of the Council .... 568 Commissioners appointed to approve of public Preachers 568 Persons who suffered under this Ordinance . 569 Imprisonment of Feakes and Powell . . . 569 Henry Cromwell sent to Ireland . . . 569 Monk's successful Mission to Scotland ; the Roy- alist Movement under Middleton vanquished . 570 Conciliatory Measures of Cromwell towards the Presbyterians ....... 570 His Measures with Regard to the Royalists . 571 Conspiracy against his Life ; Proclamation of Charles Stuart 571 Trial and Execution of the Conspirators . .572 Final Settlement of Portuguese Treaty; Trial and Execution of Don Pantaleon Sa, brother to the Portuguese Ambassador .... 573 Cromwell's manner of receiving the Foreign Am- bassadors and Envoys ..... 574 The Treaty of Peace with the Dutch signed after a ten Months' tedious Negotiation. . . 574 Main provisions of the Treaty .... 575 Rejoicings in Celebration of this Peace . . 575 Milton's congratulatory Address to Cromwell . 576 Ratification of the Treaty with Sweden . . 576 Treaty with Denmark 577 Extracts from the private Correspondence of Cromwell at this Period 577 His Visit to the City ; is entertained by the Lord-mayor ....... 578 1655 (4th of September.) Opening of Parliament ; Cromwell's Speech 579 Tokens of Satisfaction, and Hums of Approbation which followed this Speech .... 580 Angry Debates in the Commons . . . 581 Conduct of the Republicans at this Crisis . . 581 (12th of September.) Cromwell receives the Members in the Painted Chamber at White- hall 582 His vigorous Speech on this Occasion . 582, 584 Some of the Members refuse to sign the Recog- nition of the Government prepared for them . 584 Accident occurs to Cromwell .... 584 Various Descriptions of this Accident . . 585 Debates in the Commons, whether the Protec- torate was to be Hereditary, or for Life only . 586 The Amendment of the Court Party carried without a Division ...... 586 (22d of January.) The House once more sum- moned to meet Cromwell in the Painted Cham- ber 587 His Speech 587 Refers to the Question of the Protectorship be- ing made Hereditary ..... 587 Declares the Parliament dissolved . . . 588 Royalist and Republican Conspiracies crushed . 588 Precautionary Measures of Cromwell . . 589 First Part of his great despotic Scheme follows in an Ordinance against the Adherents of the Stuarts 589 His Letter to his Son-in-law Fleetwood, recall- ing him from the Government of Ireland . 589 His Letter to his Son Henry during his Admin- istration in Ireland 590 Major-generals appointed ..... 590 Substance of their official Instructions . . 590 Their Powers of Action 591 Individual Cases, expressing the general Iniquity of their Proceedings 591 State of England at this Period .... 592 Review of the Foreign Policy of the Protecto- rate 592 Example of Cromwell's far-seeing Policy . . 594 His characteristic Letter to Major-general For- tescue ........ 594 Negotiation entered into with France . . 595 Projects respecting the Jews .... 595 Treaty with France signed .... 596 War with Spain 596 Case of Cony . .... 597 Writs issued for a Parliament .... 597 View of the Power and Position of Cromwell at this Period 597 Excitement at the Election for the Parliament now summoned exceeds that of any previous Occasion 599 1656. (17th of December.) The Parliament meet the Protector in the Painted Chamber . . . 599 His obgeure and artful Speech .... 599 The Title and Claims of Charles Stuart disan- nulled 602 6 A.D. Pag* 1656. Discussion of private Bills 602 Presbyterian and Sectarian Measures of this Par- liament COH Debate on the Question of the legal Confirmation of the Major-generals 603 1657. Explosion of the Sexby and Syndercombe Plot against Cromwell's Life ..... 603 (19th of January. ) Casual Mention of the Policy of re-establishing the Kingship . . . 603 Debate on the Subject 603 The Crown offered to Cromwell . . .606 His formal Answer ...... 606 A Committee of the House named for Conference, to solve the apparent Doubts of the Protector 607 Cromwell proposes to argue the Question on the ground of Expedience ..... 607 Characteristic Passage from the Memoirs of Lud- low 607 (12th of May.) Cromwell formally declines ac- cepting the Crown 608 His Speech on this Occasion ; his first grand Failure 609 The Petition and Advice passed without the Title of King 609 Cromwell establishes a House of Peers ; a new and solemn Inauguration follows ; Hollowness of this 609 A Glance at his Foreign Administration . . 610 His Remonstrance to the Grand Seignor respect- ing the unjust Surprisal of an English Ship . 611 His second Remonstrance addressed to Vizier Azem . . . . . . . .611 Marriage of his Daughters, Mary and Frances . 612 1658. (28th of January.) Reassembling of Parliament 613 Scot and Hazlerig, backed by a formidable Ma- jority, refuse to acknowledge the new House as a House of Lords ..... 614 Speech of the Lord Protector . . . .614 Conspiracies against his Life .... 616 Letter of Lady Elizabeth to her Sister-in-law, Mrs. Henry Cromwell 617 Execution of Slingsby and Hewet . . .617 Domestic Afflictions of Cromwell . . . 617 Measures for defeating the Republicans . . 617 (4th of August.) Death of Lady Elizabeth Clay- pole 618 Illness of the Lord Protector . . . .618 (25th of August.) Thurloe's Despatch to Henry Cromwell ...'... 618 (3d of September.) Death of the Lord Protector ; Thurloe's Despatch to Henry Cromwell, an- nouncing the melancholy Event . . . 620 Cromwell's FORTUNATE DAY .... 620 APPENDIX. A. Alexander, Lord-high-steward of Scotland . 621 B. Oliver Cromwell 622 C. The Protecting Brewer 622 D. Sir Oliver Cromwell 622 E. Cromwell and Christina 624 Whitelocke first sees Christina in her magnifi- cent Palace, and is not afraid .... 625 Christina tells Whitelocke, at their first private Interview, her Opinion of Cromwell ; and in- quires if it is really true that he Prays and Preaches 625 Christina, struck by Whitelocke's Prudence in a long Conference of State, becomes Confiden- tial at its Close 626 Whitelocke's Device in writing privately to Cromwell ; also his Device in delivering Pres- ents from Mr. Hugh Peters to Christina . 626 Christina interests herself in the domestic Affairs of Cromwell ; prophesieth his Desire to be King, simple Lord-general as he is ; and start- leth Whitelocke with some delicate Questions, as also with a Piece of Plain-speaking . . 626 The wise Oxenstierne interested in Cromwell . 627 News of Cromwell's Usurpation reacheth Stock- holm ; Christina's Opinion of the Protectorate, and her wise Advice ..... 627 The Swedish Chancellor discusseth Cromwell's Usurpation with Whitelocke ; some Home- truths evaded by the Lawyer-ambassador . 627 Christina and her Ladies at Whitelocke's May- day Entertainment ; Whitelocke standeth up for the Honour of England .... 628 Whitelocke danceth with Christina ; a curious Remark afterward 628 The Chancellor Oxenstierne transmitteth Advice to Cromwell by his Ambassador, which the Ambassador forgetteth to deliver . . . 629 A youthful Queen, prosperous as she is beloved, xlii ANALYTICAL AND CHRONOLOGICAL TABLE. Page tired of State, and resigns her Crown ; the Lord-ambassador Whitelocke's Wonder- ment; he recollects that Cromwell once in- tended to retire 629 Whitelocke returned ; he recounts to Cromwell, Lord Protector of the Commonwealth, the Ad- ventures of his Embassy to Christina ; the Lord Protector's Remarks thereon . . . 630 F. A new Ballad to the Tune of Cock-Lorrel . 632 G. A Sketch of the Civil Wars to the Protectorate of Richard Cromwell, in a Letter from John Maidstone, of Oliver's Household, to John Winthrop, Esq., Governor of the Colony of Connecticut in New-England .... 632 H. Specimens of the Court Circular in Cromwell's Protectorate 6S5 I. Some Extracts from a Description of Cromwell's Lords 635 K. Procession with Ceremony of the Investiture and Installation of his Highness Oliver Cromwell, as by the Parliament appointed to be perform- ed in Westminster Hall on June 26, 1657 . 638 L. Death, Funeral Order, and Procession of his Highness, the most serene and most illustrious Oliver Cromwell, late Lord Protector of the Commonwealth of England, Scotland, and Ire- land, and the Dominions and Territories there- unto belonging 689 CONTENTS, Page SIR JOHN ELIOT 1 APPENDIX 43 THOMAS WENTWORTH, EARL OF STRAFFORD 55 APPENDIX 132 JOHN PYM 135 APPENDIX A 234 APPENDIX B 336 APPENDIX C 237 APPENDIX D 238 APPENDIX E 239 APPENDIX F 240 JOHN HAMPDEN .... 241 SIR HENRY VANE THE YOUNGER 265 APPENDIX A 343 APPENDIX B ' 347 APPENDIX C 351 APPENDIX D 951 APPENDIX E 352 HENRY MARTEN 353 OLIVER CROMWELL 392 APPENDIX A 621 APPENDIX B 622 APPENDIX C 622 APPENDIX D 622 APPENDIX E. 624 APPENDIX F 632 APPENDIX G 632 APPENDIX H 635 APPENDIX I 635 APPENDIX K 638 APPENDIX L 639 HARPER & BROTHERS THE STATESMEN OF THE COMMONWEALTH OF ENGLAND, SIR JOHN ELIOT. 1590-1632. JOHN ELIOT was "a Cornishman born, and an esquire's son."* His family, though new residents in that county, were of very ancient Devonshire descent. Prince alludes to them in his " Worthies ;" and Fuller has pointed out the name of Walter Eliot, one of his an- cestors, in the sheriff's return of the gentry of the county of Devon, made in 1433, during the reign of Henry VI. Browne Willis, who may be considered a good authority on the subject, having married a lineal descendant of the fam- ily,! states that this Walter Eliot allied him- self to the family of Sir Richard Eliot, appoint- ed a justice of the Court of King's Bench by Henry VIII., but more illustrious as the father of one of the earliest of our vernacular writers, the famous Sir Thomas Eliot.! The first of the family who settled in Cornwall appears to have been the great-uncle of Sir John, who ob- tained from the family of Champernowne the priory of St. Germain's and its lands, in ex- change for property possessed by him at Cut- lands, near Ashburton. To this priory the name of Port Eliot was then given, which it bears to this day. Its large estates have de- scended with it from father to son, and form a considerable portion of the property of the pres- ent Earl of St. Germain's.!! At this seat of Port Eliot John Eliot was born, on the 20th of April, 1590.f In his youth he was subjected to none of the restraints that * Anthony Wood, Ath. Oxon., vol. ii., p. 478, ed. Bliss. t See Ducarel's " Life of Browne Willis." t Browne Willis's " Notitia Parliamentaria," vol. ii., p. 142. I) " I do not know," says an accomplished living descend- ant of the patriot, "the exact year in which this change took place ; but John Eliot died at the priory of St. Ger- main's, having given it the name of Port Eliot, in 1565. An account of that transaction is to be found in Carew's Sur- vey of Cornwall, published about 1580. Chalmers, in his Biographical Dictionary, speaks of the family of Eliot of Port Eliot, and those of Heath field and Minto, to be de- scended from a Sir W. Aliot, who came over with William the Conqueror ; but this account is merely traditional, and cannot be borne out by proof. The Herald's Visitation of Cornwall, made in 1602, and preserved in the Heralds' Col- lege, gives the armorial bearings of the family ; a shield containing twelve quarterings : a proof, at a time when pretensions to heraldic honours were minutely scrutinized, that the origin of the family could not have been very rt- cent." Lord Eliot. II In " Notitia Parliamentaria" (the notice of the borough of St. Germain's, at p. 149, of the second volume), a descrip- tion will be found of Port Eliot. See also " Carew's Survey of Cornwall," ed. 1602 ; and the fourth volume of Mr. D'ls- raeli's " Commentaries on the Life and Reign of Charles I.," p. 509. IT Browne Willis. Anthony Wood fixes it incorrectly at 1592. should have been applied to a temper naturally ardent. His father was a man of easy habits, kept very hospitable house,* flung it open to every sort of visiter, and never, it is to be pre- sumed, troubled himself to consider the effect of such a course upon the uncontrolled disposi- tion and manners of his son. It is to this lax education that we have to attribute a painful incident in the life of Eliot, of which the most treacherous advantage has been taken by his political enemies. t Archdeacon Echard, a notorious advocate of the Stuarts, and a most inaccurate historical writer, gave the first public account of it. Af- ter stating, most untruly (as we have seen), that Eliot was of a " new family,"! this arch- deacon proceeds : " Within his own parish there lived one Mr. John Moyle, a gentleman of very good note and character in his country, who, together with his son, had the honour to serve in Parliament. Whether out of rivalship or otherwise, Mr. Eliot, having, upon a very slight occasion, entertained a bitter grudge against the other, went to his house under the show of a friendly visit, and there treacherously stabbed him, while he was turning on one side to take a glass of wine to drink to him." He states farther : " Mr. Moyle outlived this base at- tempt about forty years, who, with some others of his family, often told the particulars to his grandson, Dr. Prideaux, and other relations, from whom I had this particular account."!! We are here left uncertain, it will be seen, whether the account was received at fifth or sixth hand from gossiping relations, or from the respected and learned Dean of Norwich. A late writer, how- ever, has thought fit to assume the latter, and has insisted, with considerable and very ob- stinate vehemence, on the probable truth of the statement.1 With the help of materials in a lately-published work by Lord Nugent,** * See " Carew's Survey of Cornwall." t How eagerly such a charge as that which follows would have been seized by the bitter opponents of Eliot among his contemporaries, had a reasonable foundation ex- isted for it, is sufficiently obvious. It might have served as the tithe of an apology for his harsh treatment. Nowhere, however, in Parliament or elsewhere, does a trace of it ap- pear. t Echard's History, p. 424, folio, ed. 1720. Is this the " contemporary writer" to whom Mr. D'Israeli alludes in vol. iv., p. 508, of his Commentaries ? I can find no other. $ Echard's History, p. 424. II Ibid. IT Mr. D'Israeli. See his Commentaries, Tol. ii., p. 270 ; vol. iv., p. 513 ; his pamphlet in answer to Lord Nug,ent r * " Memorials of Hampden," p. 5. ** Memorials of Hantpden. BRITISH STATESMEN. and guided by a fact I have discovered respect- ing Sir John Eliot's father, I now present this singular incident in a new, and, it may be hoped, a final aspect. It occurred, so far as there is truth in it, in the extreme youth of Eliot. That he should have earned for himself at that time the epithet "wilful" will scarcely appear surprising after what I have said of the habits and indulgences of his father. Mr. Moyle, who resided at Bake, a district of the parish of St. Germain's, close to Port Eliot,* took upon himself to warn old Eliot that such was the disposition of his son. Miss Aikin, the historical writer, has now in her possession a letter, written by an ancestor of one of the most respectable families of Dev- onshire, wherein the cause and course of the quarrel which ensued are given, as described by the daughter of Mr. Moyle himself, a witness not likely to be unjustly partial to Sir John Eliot.t This is the statement of that letter : Mr. Moyle having acquainted Sir John Eliot's father with some extravagances in his son's expenses, and this being reported with some aggravating circumstances, young Eliot went hastily to Mr. Moyle's house and remonstrated. What words passed she knows not, but Eliot drew his sword and wounded Mr. Moyle in the side. " ' On reflection,' continues Mr. Moyle's daughter, ' he soon detested the fact, and from thenceforward became as remarkable for his private deportment, in every view of it, as his public conduct. Mr. Moyle was so entirely reconciled to him that no person in his time held him in higher esteem.' " That this hasty ebullition of will occurred in extreme youth I am now prepared to prove. I find, from documents of the time, that Eliot's father died in 16094 He was buried in the Church of St. Germain's on the 24th of June in that year. Anthony Wood (the best authority on such a point, though on such only) tells us that young Eliot entered college in 1607, and continued there three years. It is evident, therefore, that, at the time of the quarrel with JJoyle, Eliot could not have been more than sev- enteen, or, assuming (which is most unlikely) that it occurred in a college vacation of his first year, eighteen years old. This will be con- sidered as established beyond farther doubt. It is confirmed still more by a remarkable docu- ment which has been found among the Eliot papers,ll "An apologie," addressed to Mr, Moyle by young Eliot, for the " greate injury' he had done him, and witnessed by names some of which were afterward greatly distin- guished in the Parliamentary history of the time. The terms of it are highly curious, and indicate the writer clearly. It is an atonemen which marks the characteristic impulse of a young and generous mind, anxious to repair an * Notitia Parliamentaria. Browne Willis, the intimate friend of the Moyles, does not make the slightest allusion to this incident, as remembered harshly by that family ; a circumstance explained by the testimony which has been since obtained from the daughter of the pretended " victim.' t See Memorials of Hampden, vol. i., p. 152. Aikiu'i Charles the First, vol. i., p. 265. t Willis's Researches into the Pedigree of the Eliots Not. Parl., vol. ii., p. 144. fy Ath. Oxon., vol. ii., p. 478. II See Lord Eliot's communication to Mr. D'Israeli, ful of excellent feeling;, and a proper concern for the memory of his great progenitor, " Commentaries," vol. iv., p. 509. unpremeditated wrong. " Mr. Moyle," so runs he apology, " I doe acknowledge I have done /ou a greate injury, which I wish I had never done, and doe desire you to remit it ; and I desire that all unkindnesse may be forgiven and forgotten betwixt us, and henceforward I shall desire and deserve your love in all friend- y offices, as I hope you will mine. "Jo. ELYOTTE." That this apology was honestly meant and strictly redeemed that the writer did desire the love of him whom he had hastily injured, and deserve it, and, moreover, obtain it, we are brtunately not without ample proof. In the volume of Eliot papers already referred to ex- st two letters,* written, many years after this jvent, by Sir John to this very Mr. Moyle, grant ng him solicited favours. It was a saying of shrewd severity, that few natures exist capable of making compensation to those whom they may have injured, or even of ceasing to follow them with resentment. Assuredly, however, rare and virtuous as such natures are, John Eliot's was one of them. He held himself the constant and willing debtor of the man he had unwillingly offended. " I am sorry," he says, in one of his letters, after granting Moyle what he had asked, " this return is not better to the occasion you have given me ; it may serve for an expression of my power, though my affec- tion be beyond it. I can command corruption out of no man, but in mine own heart have a clear will to serve you, and shall faithfully re- main your true friend." In the other, written some months after, in answer to an interces- sion by Moyle for an offending tenant of Sir John's, the following passage occurs : " In an- swer to your love, I will give orders to my ser- vant Hill, at his return into the country, to re- pay him the money that's received, and so to leave him to his old interest for the tenement, in which he must acknowledge your courtesy and favour, for whose satisfaction it is done by your most affectionate friend."t Taken in connexion with the statements I have given, this incident assumes, in my mind, a more than ordinary interest, and becomes, indeed, an important feature in the life of Eliot. It is the line drawn between his passing youth and coming manhood. Whatever may have been the turbulence of his boyhood, whatever the struggle of its uncurbed passions, this event startled him into a perfect and sober self- control. His '' private deportment," says Mr. * Eliot Papers, MS., Nos. 63 and 98. t Mr. D'Israeli has said, in his fourth volume, p. 513 (in reference to the " apologie" quoted above), " I perfectly agree that this extraordinary apology was not written by a man who had stabbed his companion in the back ; nor can I imagine that, after such a revolting incident, any approx- imation at a renewal of intercourse would have been possi- ble." He then proceeds, with very amusing pertinacity, to shift the grounds of the charge. His aigument, however on his own admission, is wholly exploded by the letters above cited. No malignity, however desperate or reckless, can again revive it. I cannot leave the subject of this first calumny, in the promotion of which Mr. D'Israeli has joined with such painful and mistaken bitterness, without expres- sing my regret that political passion and preconceived no- tions of character should so bewilder an ingenious mind. Mr D'Israeli, though in all cases too fond of suggesting events from rumours, has rendered many services to his- tory, and notwithstanding his various misstatements re- specting Eliot, which I shall have occasion to refute, has never scrupled to pay a not unwilling tribute to the great- ness of his intellect. SIR JOHN ELIOT. 3 Moyle's daughter, was as remarkable ever af- ter as that of his public conduct. In the latter his temper never ceased to be ardent for the general good and against the wrongful oppress- or. In private it was ardent in kindness, in busy purposes and affections for those around him. To the " last right end," he stood " A perfect patriot, and a noble friend," and so his biographer must delineate him, apart from all preconceived affections or prejudices. Immediately after the quarrel with Mr. Moyle, it is probable that young Eliot left his home for the University of Oxford. Anthony Wood states that he " became a gentleman-commoner of Exeter College in Michaelmas term, anno 1607, aged 15."* The same authority tells us that he left the University, without a degree, after he had continued there about three years, t That his time, however, was not misspent at that venerable seat of study he afterward well proved. He had naturally a fine imagination ; and when, on the lapse of a few years, it burst forth in the House of Commons, it was sur- rounded with the pomp of Greek and Roman learning. In the studies of his youth, in those invaluable treasures of thought and language which are placed within the reach of every scholar, he had strengthened himself for great duties. And more than this. In his youthful contemplation of the ancient school philosophy, he had provided for his later years the enjoy- ment of those sublime reveries which, we shall have occasion to see, were his chief consola- tions in a dungeon. Little, probably, did he then imagine, as he was first making the ac- quaintance of Seneca, of Plato, and the Stagy- rite, that they would stand him in the stead of friends, when prison bars had shut out every other. The sudden interruption to his studies, at the expiration of three years, appears to have ori- ginated in his desire to obtain some acquaint- ance with the common law of England. This knowledge began then to be considered a neces- sary accomplishment for one who aspired to the honours of Parliament, with the view of supporting the principles of the rising country party. Eliot was one of these ; and, as Wood informs us, after leaving the University, " went to, one of the inns of court, and became a bar- rister."}: The lapse of a year or two introdu- ces us to a new incident in his private life, of which a malignant advantage has, as usual, been taken by his political opponents. His disposition, never less active than medi- tative, induced him to visit the Continent. At precisely the same period, the discerning Lady Villiers$ had sent her famous son to grace the * Ath. Oxon., vol. ii., p. 478. This is incorrect, how- ever, as I have stated, in respect to Eliot's age. He was seventeen. t Ath. Oxon., vol. ii., p. 478. t Ibid. <) Buckingham was a younger son, by a second marriage, of Sir George VjUiers, of Brookesley, in Leicestershire, whose family, though ancient, had hitherto been unheard of in the kingdom. His mother is reported to have served in his father's kitchen, but he, being struck with her extra- ordinary beauty and person, which the meanness of her clothes could not hide, prevailed with Lady Villiers, not without difficulty, to raise her to a higher office ; and on the death of that lady he married this her servant. As, however, the heir by a former marriage succeeded to the family estate, it became a grand object with Lady Villiers, who had obtained the means through a second husband, whom she afterward deserted, to accomplish her children for pushing their own fortune in the world. Hence her beauty of his face and the handsomeness of his person (his only birthright) by the advantages of foreign travel. Eliot and Villiers met, and the courtesies of English travellers in a foreign country ensued between them.* They jour- neyed together ; and it is not surprising that a generous warmth in the disposition of Eliot should have suited well with the bold address and sprightliness of temper for which alone, at that time, George Villiers was remarkable. It is said they became intimate. In all probability they did so, if we may judge from a circum- stance that shall in due course be noticed. Meanwhile, I have another misrepresentation to clear away. After his return from the Con- tinent, Eliot married. It has been reserved for the writer before referred to Mr. D'Israeli, whose ingenuity of research and pleasant at- tractiveness of style are only outstripped by his violent political tendencies and his most amu- sing professions of philosophical impartiality to fasten upon even this domestic and most pri- vate incident in the life of Eliot, as another in- stance of what he is pleased to consider the turbulence and " ungovernable passion" of his " bold and adventurous character."? Without quoting any authority, Mr. D'Israeli states, that " when the House of Commons voted 5000 for a compensation to the family for his [Eliot's] ' sufferings,' they also voted another 2000, part of four, for which he had been fined by the Court of Wards, by reason of his marriage with Sir Daniel Norton's daughter." He then goes on to state that this indicates the violent car- rying off of the lady by the turbulent Eliot. What possible authority Mr. D'Israeli can bring forward for this statement I know not. The only record in existence bearing on such a sub- ject, so far as I am aware, is an entry in the Earl of Leicester's journal, of unquestioned au- thenticity and correctness. It is most satis- factory on the point, as will be seen ; and I will not suppose that this was the source from which Mr. D'Israeli derived his statement. It is as follows: "Monday, 18th January, 1646. The House of Commons this day, according to for- mer order, took into consideration the great losses and sufferings of many members, in the yeare tertio Caroli, for speaking (in Parliament) in behalf of the kingdom. A report whereof was made to the House, from the committee to whom it was formerly referred ; and the Commons, upon debate, passed several votes for allowances to be given to such members, in recompense of theyr wrongs and sufferings, as followeth." Several names are then speci- fied, and among them, " that 5000 be allowed to Sir John Elliotte's younger children, and his elder son's fine in the Court of Wards to be re- mitted. "t conduct to George, as I have noticed it above. See R. Coke, p. 74. Hacket's Life of Williams, part i., p. 171. Brodie's British Empire, vol. ii., p. 12. 13. * Echard's History, p. 424. Mr. D'Israeli claims the merit of having discovered this (vol. iv., p. 507 ; pamphlet, p. 3), a claim on which his friends also insist (see Quarter- ly Review, No. xciv., p. 470), on what authority does not appear. Echard was the first discoverer, if there be any merit in it ; nor would his statement have carried any weight, but that other circumstances have tended to, con- firm it. t See Mr. D'Israeli's Commentaries, vol. ii., p. 283. t Sidney Papers, p. 2, 3. This early portion of the journal is especially remarkable for its accuracy and precis- ion. All of it was written for the author's private use. BRITISH STATESMEN. This " elder son," against whose turbulence the reproof of Mr. D'lsraeli ought to have been directed, was a youth of idle and riotous habits, very wild irregularities, which subsequently, as we shall show, proved a source of much anx- iety and disquiet to his father. He was the exact person for the adventure maliciously fix- ed upon Sir Sohn. The latter married without violating the laws of any court, but was de- prived of his wife by death, after she had pre- sented him with two sons.* The "younger children" alluded to in the passage quoted would seem to comprise the family of the sec- ond son. Eliot's intercourse with Villiers was now re- sumed. A wonderful change had taken place in the interval. The base creature Somerset had been prosecuted at last, ostensibly for the murder of Overbury.f but in reality to provide room for a fourth favourite, on whom the ma- jesty of the day might lavish its shameless fondness. That new favourite was selected in the person of George Villiers. Well might Lord Clarendon exclaim, " Never any man, in any age, nor, I believe, in any country or nation, rose in so short a time to so much greatness of honour, fame, or fortune, upon no other advan- tage or recommendation than of the beauty or gracefulness of his person."t Among the suc- cessive honours showered in ridiculous abun- dance upon him, fell that of Lord -high -admiral of England. With this office was connected the duty of appointing vice-admirals in the sev- eral counties ; and it is probable that, personal motives of acquaintance, or even friendship, quite apart, the name of Eliot was instantly suggested to the young favourite as one that claimed, on every ground, a promotion of this sort. He possessed one of the largest paternal estates of any gentleman of the time, and had the command of much influence in his own and the neighbouring county. Accordingly, we find that the lapse of a short time after that which saw Villiers promoted to the office of lord-high- admiral saw Eliot made Vice-admiral of Dev- onshire. He was also appointed chairman of the Committee of Stannaries of the duties of which office he has left a manuscript report and, at the same time, he received knighthood. In accordance with the desperate and un- wearied spirit of misrepresentation I have al- ready had so many occasions to allude to, the political enemies of this illustrious person have seized on this change in his estate to attribute it to those vile and vulgar motives which alone they would seem to be acquainted with. Ech- ard leads the way, connecting it, most unfor- tunately for his purpose, with the incident of Mbyle. After giving the false account, for- merly quoted, of that youthful anecdote, the archdeacon proceeds : " And now, supposing he had perfected his revenge, he immediately hastened to London to address himself to his * This is evident from the Eliot Papers, MS. t I avail myself of the opportunity which the mention of this name affords me to remind the reader that Sir Thom- as Overbury, scarcely remembered but for his misfortunes, js deserving of a better and more grateful remembrance. He was an accomplished scholar, and adorned literature by many delicate writings. Some passages in the "Witty Characters" appended to his poem of " The Wife," are quite unequalled for simplicity and gentleness. J History of the Rebellion, folio ed., vol. i., p. 9. <> Echard's History, p. 424. sure friend the Duke of Buckingham, in order to get his pardon, which, to his great disap- pointment, he could not obtain without advan- cing a considerable sum of money into the ex- chequer. But as soon as his pardon was sealed and the money paid, he received intelligence that Mr. Moyle was unexpectedly recovered. Upon the happy assurance of this, he again ap- plied himself to the duke to procure the repay- ment of the money ; but that being swallowed up in the occasions of the court beyond any re- covery, all that he could obtain in lieu of it was to be knighted ; which, though it might have allayed the heat of his ambition, was so hei- nously taken at the hands of a person once his equal, that after that he never ceased to be his mortal enemy, but helped to blow up such a flame in the House as was never extinguished." This monstrous account, which I have extract- ed partly for the amusement of the reader, has found its believers in the present day.* It is idle to waste words on its refutation. At the period when, it is thus hardily asserted, the assassin Eliot hurried up to his friend the duke to crave protection from the laws he had out- raged, that " assassin" was but a boy, and the " duke" plain George Villiers, with less power than his pretended suppliant. But the inconsistencies of the candid " his- torians" and " commentators" do not end here. Mr. D'lsraeli, who adopts the ridiculously false statement just quoted, has attempted to cor- roborate it by the production of a letter written in the year 1623 to the duke.t That is to say, he adopts the statement that Sir John repaid the protection and the knighthood given him by the duke with immediate and violent hostility ; and proposes to corroborate that by producing a letter, written in courteous and deferential terms, by Sir John to the duke, some consider- able time after the period of the knighthood. The gross folly of this is apparent. I pass that, however, to consider the letter, and the posi- tion attempted to be established by its means, namely, " that in 1623 we find Sir John a sup- pliant to, and, at least, a complimentary admi- rer of, the minister, and only two years after, in 1625, Eliot made his first personal attack on that minister, his late patron and friend, whom he then selected as a victim of state."J With respect to the first part of this charge, the answer is short and obvious. The letter is not written in Sir John's personal character, but as Vice-admiral of Devonshire to the Lord- high-admiral of England. This is admitted even, in another place, by the author of the charge himself. The office of vice-admiral had proved extremely troublesome to Sir John, involving him in many disputes concerning the wrecks on the coast, and saddling him with the expenses of various trials.il Rather than sub- mit to these, it would appear that, in one in- stance, Eliot preferred to subject himself to the inconveniences of arrest. Under such circum- stances, it was most natural that he should seek some reparation for the injuries he had under- gone in support of the office and rights of the * See Mr. D'Israeli's Commentaries, vol. ii., p. 270 ; a passage which has not yet been retracted. t Commentaries, vol. ii., p. 270. i Pamphlet, p. 6. t) Commentaries, vol. ii., p. 270. II See Commons' Journals, 27th of February, 1623 ; and again, 2d of March, in the same year. SIR JOHN ELIOT. 5 Duke of Buckingham. For this purpose the letter in question was written ; its tone is ex- poslulatory, and, courteous as its terms are, it is even deficient in those elaborately compli- mentary phrases which were considered due, in that age, to the ceremonious observances of letter-writing. It is as follows : " Right Honourable With what affection I have served your grace, I desire rather it should be read in my actions than my words, which made me sparing, in my last relation, to touch those difficulties wherewith my letters have been checkt, that they might the more fully speak themselves. / shall not seek to gloss them now, but, as they have been, leave them to your grace's acceptance, which I presume so noble, that scandal or detraction cannot decline it. It were an injury of your worth, which I dare not attempt, to insinuate the opinion of any merit by false colours or pretences, or with hard cir- cumstances to endear my labours, and might beget suspicion sooner than assurance in your credit, which I may not hazard. My innocence, I hope, needs not these ; nor would I shadow the least errour under your protection. But when my services have been faithful, and not alto- gether vain, directed truly to the honour and benefit of YOUR PLACE, only suffering upon the disadvantage of your absence, I must importune your grace to support my weakness, that it may cause no prejudice of your rights and liberties, which I have studied to preserve, though with the loss of mine own. My insistance therein hath exposed me to a long imprisonment and great charge, which still increaseth, and threat- ens the ruin of my poor fortunes, if they be not speedily prevented ; for which, as my endeav- ours have been wholly yours, I most humbly crave your grace's favour both to myself and them, in which I am devoted. Your grace's thrice humble servant, J. ELIOT." " Novemb. 8, 1623."* Now, not a single expression in this letter is inconsistent with the construction which I have placed on it, or justly appropriate to any other construction. The complimentary phra- ses fall evidently short of the notorious custom of the time. I am, indeed, surprised at the bareness of the language, considering the year in which it was written. Buckingham had just then managed to conciliate the country party,t and was bespattered with praise in all directions. The people, freed from the politi- cal panic that had been caused by the prospect of the Spanish match, in the suddenness of the escape showered applauses on the masked duke ; and Sir Edward Coke, leading the oppo- sition in the House of Commons, was betrayed shortly after into the very professional hyper- bole of calling him the " saviour of his coun- try.'^ Had the terms of Eliot's letter, there- fore, been most adulatory, there would have existed little cause for wonder; we see that * Cabala, ed. 1663, p. 412, 413. The italics are my own. They show the independence of spirit which breaks through even this official complaining. t In the same volume of letters the " Cabala" p. 340, is letter to the duke from a stanch and unslandered pa- triot, Sir Robert Philips, on which a precisely similar charge to this we are now discussing might be as easily founded. Had Mr. D'lsraeli overlooked this? He admits Philip to have been emphatically an independent country gentleman. J Clarendon, Hist., vol. i., p. 7. they are not so. Whether the letter was an- swered or not appears uncertain ; but the ac- quaintance of the parties did not cease here, as I shall have occasion to indicate hereafter.* One word more on this subject. Mr. D'Israeli, alluding to the date of this letter, calls it " the close of 1623,"t which would intimate that Parliament had already commenced its sitting, and then goes on to tell his readers that the patriotism of Eliot was a "political revolution, which did not happen till two years after he had been a suppliant to this very minister.''^ This is most untrue. The letter was written in the eighth month of 1623 (old style), two months before the assembling of Parliament ; and in that Parliament the voice of Eliot was heard in stirring accents of honest patriotism. Though none of his speeches at this period have been preserved in the Parliamentary his- tories, I am prepared to prove, from the jour- nals of the House of Commons, and from man- uscript records, that no " political revolution" ever occurred in his life ; that he was consist- ent from the first ; that his eloquence was often exerted in that last assembly of James's reign, and never but in support of the great party for whose rights and privileges he afterward suf- fered death. A few words may here be allowed to me, on the aspect of public affairs at the meeting of this Parliament, which introduced Eliot to pub- lic life. I shall always avoid, in these biogra- phies, matters of general history or character, except so far as may be needed in illustration of individual conduct, or of those particular questions which called forth its distinctive en- ergies ; that individual conduct shall also be limited, as much as possible, to the subject of each life. Thus, in the present instance, I have nothing to do with the great men who laboured in, the same cause with Eliot, except as their general policy and characteristics illustrate his exertions. I have nothing to do with the great questions they agitated, except in so far as they called forth his individual energies : what re- mains will be noticed in other biographies ; nor shall I seek in vain the opportunity of observ- ing upon any great incident of this great era of statesmanship. The first object will in all cases be to carry light and life into general history by particular details of character. The ignominious defeat of the elector pala- tine by Spinola, and the circumstances which ought especially to have induced James to ren- der assistance to his weak, but unfortunate son- in-law, belong to history. II In not doing so, he * At the duke's death a suit pended between them, and accounts still unsettled. Eliot MSS. t Commentaries, vol. ii., p. 272. t Ibid., vol. ii., p. 227. <) For a sketch of the preceding Parliaments, see the bi- ography of Strafford. II See the various histories. Dr. Lingard has treated the subject very fully. See, also, some able reasoning on the general question in Bolingbroke's Remarks, p. 285-306, 8vo edit. Mr. Brodie has stated the demerits of James's con- duct with appropriate bitterness. There are, also, some very important communications relative to this in Lord Hardwicke's State Papers ; in the second volume of Som- ers's Tracts, by Scott ; and in Howell's Familiar Letters. See Rushworth, vol. i., p. 76-113 ; Backet's Life of Will- iams ; Heylin's Life of Laud ; and Saunderson's James L Mr. D'Israeli's " Secret History of the Spanish Match" is very pleasant and ingenious. See, also, Roger Coke's " Detection," a very honest book, if we set aside its plagia- risms. BRITISH STATESMEN. subjected himself to the derision of Europe,* and to the self-reproach (if he were able to have felt it) of having sacrificed the noblest op- portunity of making himself popular in his own nation, and honoured everywhere as the as- serter of civil and religious liberty. But he was bound in the fetters of Spain, and had set his foolish heart on a match for the prince with the infanta. This was a politic bait thrown out by that wily country, and greedily seized by the king. It was intended as a means of drag- ging the pusillanimous James into the league with the house of Austria for oppressing the Protestants and invading the liberties of Ger- many. It succeeded. The people of England saw their brother Protestants abroad hunted down by tyrants ; they saw the Evangelical League broken and discomfited by the Roman Catholic Union; themselves made parties to the wrong which they abhorred, and enemies to that holy cause of freedom and of conscience on which, at home, they had staked all. Dis- content rose to a frightful pitch, and the person of the king was even threatened, t At this moment the tide of affairs was suddenly turn- ed, and the man who had resisted the outcries of an insulted nation yielded to the peevish complaints of a haughty and offended minion. Jealousy of Bristol's negotiations had resolv- ed Buckingham to carry the prince to Spain ; jealousy of the wily Archbishop Williams now induced him to wish for home. Moreover, he had been neglected in that stately country, not to say insulted, for his levity and profligate bearing. A deadly jealousy had also risen be- tween him and the Spanish minister, Olivarez ; and he began to feel that, in proportion as the edifice of his power was lofty, it was unstable. He saw an expedient for securing it on a wider and more solid basis, and straightway seized it. He effected a rupture, and hurried the prince home, whither the welcome news of this new policy had travelled before, securing them an enthusiastic welcome. The unaccustomed acclamations wafted a new sense into the all- grasping soul of Buckingham ; and, resolving to try the game of patriotism, he forced the king to summon a Parliament. He threw him- self into the arms of the (deceived) popular party, and drove the unhappy James from his boasted " kingcraft" into a declaration of war against Spain. J The Parliament assembled with hopes never before entertained. The dissolution of the Spanish treaty was justly considered a great * From a curious volume, entitled " Truth brought to Light," we learn that in Flanders they presented in their comedies messengers bringing news that England was ready to send a hundred thousand ambassadors to the assistance of the palatinate. "And they pictured the king in one place with a scabbard without a sword ; in another place, with a sword that nobody could draw, though divers per- sons stood pulling at it. In Bruxels they painted him with his pockets hanging out, and never a penny in them, and his purse turned upside down. In Antwerp they pictured the Queen of Bohemia like a poor Irish mantler, with her hair hanging about her ears, and her child at her back, with the king, her father, carrying the cradle after her." Truth, brought to Light. Introduction. t See a curious tract, " Tom Tell Truth," in the second Yolume of Somers's Collection. t The keenest dissection, as it appears to me, of the con- duct of Buckingham and the prince, throughout the whol of this Spanish affair, will be found in a work very recently published in the present series History of England, voL iv., continued from Sir James Mackintosh. national deliverance ; and the favoonte of James, who had disrobed him of his inglorious mantle of peace, was now the favourite of the nation. At this extraordinary juncture Eliot took his seat in the House of Commons. It has been asserted, by Wood* and others, that he sat in the previous Parliament ; but this is certainly a mistake. He was returned now for the first time, with Mr. Richard Estcourt, for the borough of Newport in Cornwall. And now, from the first moment of his public life, his patriotism began not from pique, or a spirit of opposition, for as yet he had no oppo- nents save those of his religion and his coun- try ; for be it ever remembered that in that day politics were necessarily and intimately connected with religious doctrine. The Ro- mish cause was the cause of the oppressor, while the Protestant was that of the oppressed ; and the English constitutional party saw no chance for good government save in a root-and- branch opposition to the Roman Catholic faith. Their cause of freedom at home was weakened by the success of popish tyranny abroad ; and the great struggle going on between the Prot- estant patriots of Bohemia and the various Ro- man Catholic powers leagued in extensive con- federacy against them seemed a not improb- able shadowing forth of the future destiny of the popular party in England. So thought the leaders of this Parliament, "the greatest and the knowingest auditory," as a political adver- sary called them, " that this kingdom, or, per- haps, the world, afforded ;"t and so they acted, confirming that great reputation. Eliot at once distinguished himself, and was received as a leader of the country party. I have been at some pains to trace his conduct through this Parliament, for it has not been mentioned by any historian, while advantage has been taken of the silence to bear out the assertion of his having been, at this period, a mere undistinguished subserver to the Duke of Buckingham. We shall see how far this is just. The Parliament met on the 12th of February, 1623. It was adjourned, however, until the 19th, when the speech was delivered, and the House farther adjourned until the 23d. The three following days were occupied in arran- ging conferences with the lords respecting the duke's intended "Narrative." On the 27th Eliot arose. It was the earliest day of the ses- sion, and it was his first appearance in the House. He declared at once the cause he had entered to sustain ; and putting aside, as sub- ordinate, even the all-engrossing question of the war, raised his voice for certain ancient privileges of the nation.} On the 1st of March he spoke on the question of the Spanish trea- ties in the high strain of popular feeling. He al- luded to war as that " which atone will secure and repair us," and recommended the setting out of a fleet " by those penalties the papists and recusants have already incurred"^ means which would have been especially odious to * Woodis seldom to be relied on in any date except those which are furnished by the Oxford books ; Lord Nugent has, inaccurately adopted his statement that Eliot sal in. tha Parliament of 1621. t Racket's Life of Williams, p. 179. J Commons' Journals, Feb. 27, 1623. i) Journals of that date. SIR JOHN ELIOT. the court. But Eliot never waited to trim his propositions by the court fashion, even in its popular days, and we never discern in him the bated breath or the whispering humbleness. On that occasion, also, he seems to have resent- ed the long and vacillating negotiations of the king and his secretaries. " Fitter for us to do than to speak," he said, and most justly said, at that crisis. On the 8th of the same month he opposed a hasty decision with respect to the king's answer at Theobald's.* It was not satisfactory, owing to the immediateness of its demand for supplies. He had been appointed one of the deputation ; and, alluding to "many strange reports" since their return, he moves " to have some time each to take copies, and then to deliberate and advise."t This he car- ried. On the llth he went up to the Lords on this same subject, with some of the great lead- ers of the House Philips, Selden, Coke, Rud- yard, Saville, Stroude " to confer with them about his majesty's estate. "t This conference elicited an assurance from the treasurer, the following day, of "his majesty's resolution to call Parliament oft, to make good laws, and re- dress public grievances." From this may be well inferred the nature of the previous day's remonstrance from Eliot and his friends. Nor did this plausible assurance put those faithful men off their guard. They answered the treas- urer, " that we had no doubt here yesterday, as among the lords. We fittest to relieve the king's particular wants, when we have enabled the subjects to do it by removing their grievan- ces. '' An explanation of the disputed passages in the answer was subsequently given, such as satisfied the House. In the same spirit were all Eliot's speeches in the matter of this Spanish war. He never supported it but for the promotion of the popu- lar cause, and always accompanied his appro- bation of the measure with an avowal of those greater ulterior objects which he felt it ought to accomplish. I need not go through the nu- merous minutes of the journals in which his name appears at this time. His attention to the business of debate, as to the committees, must have beea most arduous, since it was un- remitting. Besides the great number of private bills in the management of which his name ap- pears, he took part in all public questions, lent his aid to the best legal reforms, and generally formed one in the more learned committees appointed to consider disputed questions on the privileges of the universities.il He opposed al- ways with watchful jealousy any attempt to move from the constitutional usages of the House ; and when the ministers proposed, through Sir Guy Palmer, to have a committee to draw a bill for the continuance of all bills the next session in statu quo, that they might so " husband time," the name of Eliot was found successfully opposed to this, in connexion with his friends, Philips, Coke, and Digges.lT He * See the Answer, Parl. Hist., vol. vi., p. 92, edit. 1763. t Commons' Journals, March 8, 1623. t Ibid., March 11, 1623. $ Ibid., March 12, 1623. II Ibid., pastim. He was also very active in endeavour- /ng to set the grants of crowu lands on a better footing. Many instances will be found of his exertions in respect to the universities ; as in the case of the Wadham and Mag- dalen Colleges ; and he is often associated with Coke, Phil- ips, and Gyles, in the forwarding of Cornish private bills. j Commons' Journals, April 29, 1624. was unceasing in his exertions against monop- olies,* and in reminding the House of the pe- titions those " stinging petitions," as the king used bitterly to call them " not to be forgotten against recusants ;"t but, when duty to the cause permitted it, he never pressed 'the letter of offence against any offender. Humanity came in rescue of the strictness of his judg- ments. When some of the popular party push- ed hard against the under-sheriffof Cambridge, for a misdemeanor at the election, Eliot hu- manely interceded. He suggested that the custody the sheriff had already undergone, and the expenses he had been put to, were surely sufficient punishment, and recommended his immediate dismissal. The ever true and able Sir Robert Philips seconded the suggestion. In no single respect can the enemies of Eliot taunt him with his conduct in this session ; nor will they dare hereafter to use their equally danger- ous weapon, the imputation of his silence, to prove that his patriotism was sluggish or inac- tive, or moving only at the will of others. After the most anxious searcli, I can find no allusion from Eliot respecting Buckingham which indicates a feeling of any sort. His si- lence on this head is indeed remarkable, as the lauded name of the duke was then most fre- quently on the lips of other popular members ; and yet, that it did not proceed from any vin- dictive feeling at an abrupt cessation of inter- course, I think I am enabled to prove. From a minute of the journals of the House, it ap- pears that, on one of the debates respecting the Spanish treaties, some private letters of the Duke of Buckingham were referred to, whereupon Eliot stated that he had that morn- ing seen those letters. This is specially en- tered in the journals.t No other member makes the remotest allusion to having seen them. This appears to me to offer a fair pre- sumption that Eliot still continued to meet Buckingham in private intercourse. If this is admitted, then the amiable theory of those writers who have concluded that the letter to the duke, previously quoted, was the last of a series of unanswered applications, and that, from the time of its date, a vindictive feeling had been awakened in the breast of the offend- ed writer that Eliot's patriotism, in fact, was altogether a personal pique at Buckingham? has received another blow, prostrate as it was before. And another, should any one chance to think another necessary, remains to be inflicted. In this Parliament a question arose, on which I have discovered the note of a speech by Eliot, which could never have been delivered by him if his character had not rested clearly free from all imputations of personal dependance or po- litical subserviency. It occurred in a debate " at the close of 1623," the very period fixed by our modern commentators from which to * Commons' Journals, April 7, 1624. t Ibid., April 8, 1624. t Commons' Journals, April 1, 1624. In no other place do I find the smallest allusion to Buckingham, not even at the close of the Spanish business, when thanks were moved by Eliot to " the prince, the king, and to God" for the re- sult of the deliberations. Commons' Journals, April 24, 1624. $ Mr. D'Israeli (passim) ; whose suggestions on this sub- ject have been lately adopted by a distinguished writer.- See Quarterly Review, No. 94, p. 471 BRITISH STATESMEN. date their obstinate accusations. At that pe- riod several committees were sitting on the various courts of justice to investigate com- plaints against their mal-administration. Among many petitions presented to the House in con- sequence of these committees, was one from the wife of a person named Grys, complaining of wrongs she had suffered from the court of chancery, and appealing against the long delays of that court. To this petition Sir Edward Coke objected. The lawyer stood in the way of the redresser of grievances. He told the House that the woman was half distracted ; that the wrong she complained of occurred in " Egerton's time ;" that he was now gone ; and that it was a most unusual thing to com- plain against the dead. After some discussion, it was at last resolved that the grievance in question, with others, should be argued by counsel before a sub-committee. This sub- committee was then about to be chosen, when Sir John Eliot rose. He spoke, as was his cus- tom ever, in concern for the wrongs of the op- pressed. He warned the House to be careful in their choice, for he knew of what vast im- portance it was that the " cries of the vexed subject" should be heard by unbiased men. He implored them to " have a special care" that its members should " have no dependance upon men in place ;" he suggested that it would be better to have no lawyers upon it ; that it were more just to " have countrymen that have no dependance."* There are. few who will disagree with me in thinking that these are not the words of a follower of Buck- ingham. That they should have been spoken by one who laboured under the very odium of what he so earnestly condemned is, to a mon- strous degree, improbable. Not on that occa- sion, nor on any other, did his opponents in the House dare to hint such a charge. I find the patriotic old lawyer replying to this earnest ap- peal, with a statement of " great inconvenien- ces in having such a sub-committee," and an entreaty to "have it well considered of;" but not a word of reproach on the motives of Eliot. It is necessary that I should now advert to the terms on which Eliot and his friends in this Parliament consented to furnish supplies for the Spanish war. On the gross abuse of these supplies their subsequent bitter opposition was most justly founded. Their earnest desire to see James's mean subserviency to Spain at once destroyed, never for an instant blinded them to the serious con- sequence of pressing the people by heavy sub- sidies. Nine hundred thousand pounds had been demanded. They granted three hundred thousand ; promising more if, in the right prosecution of the contest, more should become necessary. Over and over again they distinct- ly stated that the country was not in a condi- tion to hazard a general war ; and, by many sharp stipulations, they restricted hostilities to one object, specific and defined. They seem, indeed, to have had some reason, before the final arrangement, to suspect the gross duplici- tyt which had been practised on them by Buck- ingham, and to have resolved to defend their own policy at all events. They declared that * Commons' Journals, March 17, 1623. t This will be alluded to shortly. their object, in so earnestly promoting war, was the recovery of the Palatinate, and that alone : that hostilities with Spain, therefore, were to be entered into only in so far as that branch of the house of Austria was expected to assist the others in retaining the territory of the elector palatine. Nothing could be more distinct than their stipulations on this point. They were recognised before the death of James. No war with Spain was proclaimed, though correspond- ence with its court was broken ; and when Mansfield received his commission, with twelve regiments, for the service of the Palatinate, he was required " not to make any invasion, or do any act of war against the country or domin- ion" of the King of Spain.* How far this first condition was preserved, we shall shortly have occasion to see. Another condition there was, proposed by the king himself, that, in order to ensure the application of the grant to the pur- poses sought to be attained, it should be paid into the hands of commissioners, appointed by the House, who should expend the money upon that business alone for which it was granted. t The rupture of peace was no headlong enter- prise, plunged into by the parliamentary lead- ers, without regard to the issue, or the means of its attainment.}: Meanwhile, during these negotiations, no popular grievance was lost sight of. Up to this period, a couplet familiar in the common mouth had imbodied the history of parliaments : " Many faults complained of, few things mended, A subsidy granted, the Parliament ended." With the exception of the subsidy bill of 1621, no bill had been allowed to pass for the space of thirteen years. Legislation was now at last resumed. Measures were passed to reform many grievances in the law, and in prevention of vexatious prosecutions. " Their long coun- sels, which had been weather-bound, came to a quiet road, and their vessel was lighted of stat- utes which are of immortal memory."^ The greatest of all these was that which abolished monopolies for the sale of merchandise, or for using any trade. It was nobly drawn up by Coke, Eliot, Philips, and other members, as a * Rushworth, vol. i., p. 153, 154. t Hume calls this " unprecedented in an English mon- arch." (Vol. v., p. 98.) But though the practice had cer- tainly then become unusual, it was common at a former, pe- riod of English history. See Brodie's Hist, of British Em- pire, vol. ii., p. 39. That the king proposed this, however, under compulsion by his new tyrant Buckingham, and as a mere trick to deceive the Commons, was soon evident. To the astonishment of all, on accepting the subsidies, he used this language : " 1 desire you to understand that I must have a faithful secret council of war, which must not be or- dered by a multitude, for so my designs may be discovered before hand. One penny of this money shall not be bestow- ed but in sight of your committees ; but whether I shall send 2000 or 10,000, whether by sea or by land, east or west, by diversion or otherwise, by invasion upon the Bava- rian or the emperor, you must leave that to your king." An ingenious method of rendering the check he had before submitted to, for the purpose of procuring a liberal grant, void and effectless. t Commons' Journals, and Parl. Hist., passim. <) Racket's Scrinia Reserata (Life of Williams), part i., p. 200. He goes on, in his fashion, to say, " The voices all went one way, as a field of wheat is bended that's blown with a gentle gale, one and all ;" which proves that quaint old gentleman to have been a reader of Beaumont and Fletcher * * * " And the people, Against their nature, are all bent for him ; And like a field of standing corn, that's moved With a stiff gale, their heads bow all one way." PMlaster. ' SIR JOHN ELIOT. mere declaratory statute, reciting that such monopolies were already contrary to the an- cient and fundamental laws of the realm. " It was there supposed," says Hume, " that every subject of England had entire power to dispose of his own actions, provided he did no injury to any of his fellow-subjects ; and that no pre- rogative of the king, no power of any magis- trate, nothing but the authority alone of laws, could restrain that unlimited freedom."* Fol- lowing upon this measure, and of an importance no less great, came the impeachment of the Lord-treasurer Middlesex. For two centuries with the single exception of the case of Ba- con, too feeble to fix, with any certainty, the precedent that grand constitutional right had lain dormant. It was now asserted with eager- ness by the Commons, and promoted hotly by Buckingham, who had long hated the growing independence of the power of Middlesex, and as his caprice had raised him from obscurity, now turned to hunt him to disgrace. In vain the shrewdness of James remonstrated " By God, Stenny, you are a fool, and will shortly repent this folly ; and will find that, in this fit of popularity, you are making a rod with which your own breech will be scourged." In vain he turned to the prince, and, with a bitterness of prophecy, like that of Bacon to Middlesex (" Remember that a Parliament will come !"), told him that he would live " to have his belly full of parliamentary impeachments.''! The Commons were suffered to proceed. They proved the guilt of the lord-treasurer ;t and rescued from the disuse of centuries, and be- yond the chance of recall, a vital parliamentary right against future ministers of the crown. James never forgave this. Hacket tells us that, in reference to the matter, " he was quip- ped every day with ignominious taunts, that the kind correspondences between him and the Parliament began to have a cloud over them." There were other causes besides this. Farther grievances remained to be discussed, and the House had entered upon them with unwearying zeal. The king then gave them to understand that, though they were to apply redress to some known grievances, they were not to go on seek- ing after more ; and shortly afterward, in dis- content, prorogued them. II He had failed in the object of his concessions. He fancied they would have put him in possession of more money and more power. " He let fall some flowers of his crown," says the quaint Hacket, " that they might gather them up ; which, in- * History, vol. v., p. 98, 99. See, also, Lord Coke on the subject of this great act, 3 lust., 181. t Clarendon, Hist., p. 20. J See the proceedings in the Parl. Hist. Carte thought him clearly guilty, p. 116. It appears also that Nicholas Fcrrar, a most conscientious person, was one of his four ar- dent accusers. Wordsworth's Ecclesiastical Biography, vol. iv. See, also, Hallam,vol. i.,p. 508. Clarendon, Hack- et, and others consider him to have been used as a sacri- fice to Buckingham's resentment. Eliot acted on all the committees of this impeachment, with Sandys, Digges, Phil- ips, Wentworth, Pym, &c. See Journals, April 12, 1624, &c., &c. t> Life of Williams, part i., p. 189, 190. I! See Parl. Hist., vol. vi., p. 128, See Oldmixon, p. 79, and Rushworth, vol. i., p. ISO. II Rushworth, vol. i., p. 190. IT Mr. Hume, in one of the early passages of his history (which remains unequalled for its beauty of style and phil- osophical remark, though it is utterly worthless as a book of authority), describes this Parliament with a strango mixture of truth and error. " It was necessary to fix a choice: either to abandon entirely the privileges of the people, or to secure them by firmer and more precise barri- ers than the Constitution had hitherto provided for them. In this dilemma, men of such aspiring genius and such in- dependent fortunes could not long deliberate ; they boldly embraced the side of freedom, and resolved to grant no supplies to their necessitous prince without extorting con- cessions in favour of civil liberty. The end they esteemed beneficial and noble ; the means regular and constitutional. To grant or refuse supplies was the undoubted privilege of the Commons." See the whole passage, vol. v., p. 138, quarto edit., 1763. See, also, Clarendon, vol. i., p. 6, folio edit. ** Lord Nugent found one of these requisitions in the MS. collection at Slowe. It is addressed to Sir Willian? Andrews, of Lathbury, in Buckinghamshire, then a tenant of John Hampden's, and afterward one of the deputy lieu- SIR JOHN ELIOT. 13 those who were connected with the popular party, for the mad purpose of carrying on the Spanish war ; and the Spanish war was carried on, up to the disastrous, ill-concerted, and most wretchedly conducted expedition to Cadiz. Parliament could then be warded off no longer, hated as was even its name. Buckingham, with an ominous foreboding of the future, strove to disqualify the leading men, by getting them pricked as sheriffs of their respective counties. Elliot, it is said, was the chief ob- ject of his anxiety on this head ;* but, in Eliot's case, he found it impracticable. I think it probable, however, that the duke prevented his election for Newport. Here was only a means of greater triumph. He presented himself to his native county of Cornwall, and was instant- ly^ returned by the electors.! It was an age when the middle and lower ranks of the people shared a common enthusiasm, and were inac- cessible alike to fear or to favour. It is stri- king, and even affecting, to mark the quiet calmness with which Eliot now sought to pro- vide that the risk and danger, to which he knew his conduct in the coming Parliament must expose himself, might not fall heavily on his children. He assigned over every portion of his most extensive estates in trust to rela- tives for the benefit of his family, i Having done this, he repaired to his place in the House of Commons, resolved, at whatever hazard, to strike down the great traitor who had imperill- ed the liberty and the property of the kingdom. At Westminster, on the 6th of February, 1626, this " great, warm, and ruffling"^ Parlia- ment assembled. Eliot had scarcely taken his seat, before his vehement eloquence, overflow- ing with imbittered invective, was heard thun- dering against the doomed minister. In his style of oratory, a singular power of severity and keenness united itself with the clearest fa- cility of detail, was adorned with the most pleasing classical allusion, and was directed against its object with such warmth and ear- nestness of passion as it is always most diffi- cult to resist. The case of the chaplain Mon- tagull was abandoned for the higher quarry : searching committees were appointed, and the defeats and disgraces of the nation were traced home to Buckingham. The rage of the king exceeded all bounds, and> under its influence, he sent an insolent message to the Hoase. " I must let you know that I will not allow any of my servants to be questioned among you, much less such as are of eminent place, and near unto me. * * I see you especially aim at the Duke of Buckingham. * * I would you would hasten for my supply, or else it will be worse tenants for that county under the Parliament. It appears that for these contributions, exacted with the utmost sever- ity and injustice, collectors were appointed, whose acquit- tance should be a sufficient warrant for repayment in eigh- teen months. " Put not your faith in princes !" Sir Will- iam Andrews' acquittance, remains appended to the requi- sition. * Echard's History, p. 426. D'Israeli's Commentaries, vol. i., p 298. t Parliamentary History and Commons' Journals. "3., No. 7000. Letter of Pory to P 'Israeli's Commentari I shall have to advert to this hereafter. J Harleian MSS., No. 7000. Letter of Pory to Pucker- ing. See, also, D'Israeli's Commentaries, vol. iv., p. 510. i> Whitelocke's Memorials of the English Affairs, p. 7, edit. 1682. II I shall hare occasion to allude to this case in the biog- raphy of Pynj "or yourselves ; for if any evil happen, I think I shall be the last that shall feel it."* Eliot smiled at this impotent rage. " We have had a representation of great fear," he said ; " but I hope that shall not darken our understand- ngs. Our wills and affections were never more clear," he continued, " more ready, as to lis majesty ; but we are balked and checked n our forwardness by those the king intrusts with the affairs of the kingdom." Again he inflamed the House by comments on the Span- sh expedition. " The last action was the ting's first action ; and in this the king and iingdom have suffered dishonour. We are weakened in our strength and safety ; our men and ships are lost." Then followed a bit- ter taunt against even the personal courage of Buckingham, who, it will be recollected, had left the command of the expedition to Sir Ed- ward Cecil. " The great general had the whole command, both by sea and land ; and could the great general think it sufficient to put in his deputy and stay at home ?" The orator next, taking advantage of the excitement of his hear- ers, thundered forth questions of a more fatal meaning. " Are not honours now sold, and made despicable 1 Are not judicial places sold 1 And do not they then sell justice again 1 Ven- dere jure potest emerat ille prius." After some well-employed classical allusions, Eliot pro- ceeded thus : " I shall to our present case cite two precedents. The first was in the eleventh year of Henry III. The treasure was then much exhausted ; many disorders complained of; the king wronged by ministers. Many sub- sidies were demanded in Parliament, but they were denied ; and the Lords and Commons join- ed to desire the king to resume lands which had been improvidently granted, and to exam- ine his great officers, and the causes of those evils which the people then suffered. This was yielded unto by the king ; and Hugh de Burgo was found faulty, and was displaced ; and then the Commons, in the same Parliament, gave supply. The second precedent was in the tenth year of Richard II. Then the times were such, and places so changeable, that any great officer could hardly sit to be warmed in his place. Supply was at that Parliament required : the Commons denied supply, and complained that their moneys were misemployed ; that the Earl of Suffolk (Michael de la Pole) then overruled all ; and so their answer was, ' they could not give ;' and they petitioned the king that a com- mission might he granted, and the Earl of Suf- folk might be examined. A commission," Eliot continued, reserving himself for a closing sar- casm at Buckingham, "at their request was awarded ; and that commission recites all the evil then complained of; and that the king, upon the petition of the Lords and Commons, had granted that examination should be taken of the crown lands which were sold, of the or- dering of his household, and the disposition of the j ewels of his grandfather and father. / hear nothing said in this house of our jewels, nor will 1 speak of them ; but I could wish they were within these walls /"t The effect of this speech was * Whitelocke's Memorials, p. 3. t Buckiiignam had raised money upon the crown jewels and plate, by the king's order, at the Hsgue. Strafford, State Papers, vol. i., p. 28. Ingram to Wentworth. Owing 14 BRITISH STATESMEN. complete, and, in the midst of the general in- dignation excited, Dr. Turner's resolutions, that " common fame" was a good ground of accusation against Buckingham, were passed ; and notice was sent to the duke of the proceed- ings against him. At the same time, in illus- tration of the good faith with which they act- ed, they announced that the king's immediate necessities should be relieved while his minis- ter was brought to trial ; and they redeemed this pledge by a vote for the grant of three sub- sidies and three fifteenths.* The king now felt more strongly than ever the imminent danger of his favourite. Again he interfered, and again his interference was defeated by the boldness of Eliot. " Remember," he said, " that Parliaments are altogether in my pow- er for their calling, sitting, and dissolution ; therefore, as I find the fruits of them good or evil, they are to continue or not to be."t The Commons retired to deliberate this with locked doors, and the key placed in the hands of the speaker. What passed in that mem- orable sitting did not publicly transpire ; but I can supply some portion of it at least from a manuscript letter of the time. " Sir John Eliot rose up and made a resolute (I doubt whether a timely)t speech, the sum whereof was, that they came not thither either to do what the king should command them, or to ab- stain where he forbade them ; and therefore they should continue constant to maintain their privileges, and not do either more or less for what had been said unto them." This ominous meeting with locked doors alarmed the king ; negotiations were opened, explana- tions offered, every possible resource of avoid- ance attempted, but in vain. It was too late to dispute the right of impeachment after the precedents of Bacon and Middlesex ; and the Commons, after addressing the king in deco- rous language, impeached Buckingham on twelve articles.lt Eight chief managers were appointed. To Pym, Herbert, Selden, Glanville, Sherland, and to a singular omission of the editors of the last great parlia- mentary history, we look vainly among the debates they hare collected for this very remarkable speech. It is in Rushworth, however (vol. i., p. 220), and in the Old Parlia- mentary History, vol. vi., p. 441, edit. 1763. * Rushworth's Hist. Coll., vol. i., p. 221. Whitelocke's Memorials, p. 3. t Rushworth, vol. i., p. 225. Whitelocke, p. 4. t Here the timid writer alludes to what was frequently urged against Eliot, the severe and unsparing character of his speeches. Clarendon was accustomed to the House of Commons, and speaks differently. " Modesty and modera- tion in words," says that noble writer, "never was, nor never will be observed in popular councils whose founda- tion is liberty of speech." Hist, of the Rebellion, vol. i., p. 7, folio edit. Some were brought up to London, and committed to 18 BRITISH STATESMEN. gravated and horrible, probably, than any we have named, the remains of the disgraced and infamous troops that had survived the affair at Cadiz were quartered upon their houses, in the midst of their wives and children!* And as these crimes had been sanctioned by the min- isters of religion, so the vile slaves who sat in the seats of justice were ordered to confirm them by law. A voice or two that had hinted from the bench a feeble utterance of opposition were instantly stifled, and the conclave of judg- es remanded five recusants, who had brought their habeas corpus.! rigorous confinement in the Fleet, the Gatehouse, the Mar- shalsea, and the New Prison. Eliot was one of these. The rest, as Sir Thomas Wentworth and others, were subjected to confinement, strict, but much less rigorous, in various counties. Hampden had been thrown into the Gatehouse at first, but was afterward released and sent into Hamp- shire. One anecdote will illustrate the numberless instances of quiet and forbearing fortitude, practised by men recollect- ed no longer, but who at this time shed lustre on the English character. George Catesby, of Northamptonshire, being committed to the Gatehouse as a recusant, alleged, among other reasons for his non-compliance, that he considered "that this loan might become a precedent ; and that every precedent, he was told by the lord president, was a flower of the prerogative." The lord president told him that " he lied !'" Catesby merely shook his head, observing, " I come rot here to contend with your lordship, but to suffer." Lord Suffolk then interposed to entreat the lord president not too far to urge his kinsman, Mr. Catesby. The latter, however, waived any kindness he might owe to kindred, declaring that " he would remain master of his own purse." D' Israe- li's Commentaries, vol. ii., p. 9. * See a letter in Strafford's State Papers, vol. i., p. 40 ; and Rushworth, vol. i., p. 418-420. " There were frequent robberies," says the collector, " burglaries, rapes, rapines, murders, and barbarous cruelties. Unto some places they were sent as a punishment, and wherever they came, there was a general outcry." From his place in Parliament, Sir Thomas Wentworth afterward denounced this : " They hare sent from us the light of our eyes ; enforced companies of guests worse than the ordinances of France ; vitiated our wives and daughters before our faces ; brought the crown o greater want than ever it was, by anticipating the rev- enue ! And can the shepherd be thus smitten, and the flock not be scattered?" Parl. Hist., vol. vii., p. 370. t The case of Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveringham, and Sir Everard Hamp- den, which is reported at great length in the State Trials, is an admirable illustration, among other things, of the char- acter of the crown lawyers and judges of the time. There is an abridgment of the proceedings in Rushworth, p. 458- 462. Sir Randolph Crew, immediately before this case was argued, having, as Rushworth expresses it, " showed no zeal" (i., 420), was removed to make room for Sir Nicholas Hyde ; and it is quite clear that two of the judges (Jones and Doddridge) who sat with the latter, having shown a de- cided leaning towards the prisoners during the argument, were brought to a better understanding with Sir Nicholas before the decision. When the case was afterward sent before the House of Lords, and the judges were, so to speak, put upon their trial, Judge Whitelock betrayed the secret. " The Commons," he said, " do not know what letters and commands we receive." Beyond all praise was the conduct of the counsel employed for the prisoners on this occasion. The most undaunted courage exalted the profoundest knowl- edge. The sober grandeur of Selden, and the rough energy of Noy, must have struck with an ominous effect on the court councils. It was here that Selden threw out, in a pa- renthesis, those remarkable words, which, it has been ju- diciously observed (History, from Mackintosh, vol. v., p. 77), are applicable to periods much later and of more pretension to liberty than that of Charles. They are yet, in fact, to be expounded. " If Magna Charta were fully executed, as it ought to be, every man would enjoy his liberty better than he doth." In connexion with this remarkable case, too, Sir Edward Coke (who argued it before the lords) presented, for the first time, to his astonished profession, the highest vigour of a noble and liberal thought, issuing, as it were, even out of the most formidable technicalities of law. " Shall I have an estate for lives or for years m England, and be tenant at will for my liberty* A freeman to be ten- ant at will for his freedom ! There is no such tenure in all Littleton !" The excited state of the public mind during the arguments on this question is vividly conveyed in a let- ter I have found among the Harleian MSS. " The gentle- men's counsel for habeas corpus, Mr. Selden Mr. Noy, Sir John Eliot at this moment lay a prisoner in the Gatehouse. He had been foremost to refuse the loan, was arrested in Cornwall, brought before the council table, and thence committed to prison. In prison, and before the council table, as in his place in the House of Commons, Eliot had the unfailing resource of fearlessness and a composed vigour. Where- ever circumstances placed him. he knew that, so long as they left him life, they left him able to perform its duties. From the Gatehouse he forwarded to the king an able argument against the loan, which he concluded by a request, urged with a humble but brave simplicity, for his own immediate release. This document has been preserved. It commences with a protest against the supposition that " stubborn- ness and will" have been the motives of the writer's recent recusancy. " With a sad, yet a faithful heart," Eliot continues, " he now presumes to offer up the reasons that induced him. The rule of justice he takes to be the law ; impartial arbiter of government and obe- dience ; the support and strength of majesty ; the observation of that justice by which sub- jection is commanded." Through a series of illustrious examples the writer then advances to his position of strict obedience to the laws, in the duty of resisting their outrage. " He could not, as he feared, without pressure to these immunities, become an actor in this loan, which by imprisonment and restraint was urged, contrary to the grants of the great char- ter, by so many glorious and victorious kings so many times confirmed. Though he was well assured by your majesty's promise that it should not become a precedent during the hap- piness of your reign, yet he conceived from thence a fear that succeeding ages might thereby take occasion for posterity to strike at the property of their goods." He concludes by assuring the king that he will never consent to " inconveniences in reason," or to the dis- pensation, violation, or impeachment of the laws. " No factious humour, nor disaffection led on by stubbornness and will, hath herein stirred or moved him, but the just obligation of his conscience, which binds him to the ser- vice of your majesty, in the observance of your laws ; and he is hopeful that your majesty will be pleased to restore him to your favour, and his liberty, and to afford him the benefit of those laws which, in all humility, he craves."* Eliot probably never expected that this petition would be granted. Its publication effected his purpose in strengthening the resolutions of the people ; and he quietly waited in his prison for the day of a new Parliament. This was precipitated by the insolent fury of Buckingham, who had consummated the desperate condition of affairs by a new and unprovoked war with France. At the sugges- tion of the duke's outraged vanity.t Charles Sergeant Bramsten, and Mr. Colthorp, pleaded yesterday vith wonderful applause, even of shouting and clapping of hands : which is unusual in that place." * Rushworth, vol. i., p. 429. Whitelocke says, that " Sir John Eliot took this way to inform the king what his coun- cil did not." Memorials, p. 8. Anthony Wood oddly con- verts this into a statement that Eliot was obliged to write in this way to the king, because his (Eliot's) "counsel would not assist him otherwise." t Clarendon distinctly assigns this as the motive: "In his embassy in France, where his person and presence was SIR JOHN ELIOT. 19 had dismissed tha French servants of his young queen ; she herself had been insulted ;* the remonstrances of the French court answerec by a seizure of French ships ; and an expedi tion for the relief of Rochelle undertaken by the very court whose treachery had so lately assisted to reduce it. Recollecting the bitter sarcasm of Eliot,t Buckingham undertook the command of the present expedition in person ; and, having concerted measures so wretchedly as to be obliged to disembark on the adjacent Isle of Rhee he there suffered his army to be baffled by an inferior force, and to be at length overtaken in a situation where valour was of no avail, and where death destroyed them dreadfully, without even the agency of an ene- my.J The result of this was in all respects frightful ; mutiny proved the least of the dan- gers that followed ; and the financial difficulties of the court became so urgent that the last desperate and dreaded resource forced itself upon the king. The loan recusants were set wonderfully admired and esteemed (and, in truth, it was a wonder in the eyes of all men), and in which he appeared with all the lustre the wealth of England could adorn him with, and outshined all the bravery that court could dress itself in, and over-acted the whole nation in their own most peculiar vanities, he had the ambition to fix his eyes upon, and to dedicate his most violent affection to, a lady of a very sublime quality." But I will cut short the reader's impa- tience, and this interminable sentence, by saying- at once that Buckingham fell violently in love with the young Queen of France, Anne of Austria, declared his passion, and was listened to with anything but resentment. With what suc- cess the duke might ultimately have urged his suit, it would be impossible to say, since great authorities differ ; but it is certain that his purpose was abruptly foiled by the interference of Cardinal Richelieu, in whom he suddenly discovered a formidable rival. The mad desire to foil this great statesman and most absurd lover, and to be able to re- turn to Anne of Austria in all the triumphs of a conqueror, now urged him to these extremities against France. The thing is scarcely credible, but so it certainly appears to have been. What is to be said of the wretched weakness of Charles? See Memoires inedits du Comte de Brienne, i., Eclaircissements. Madame de Motteville, Memoires d'Anne d'Autriche. Aikin's Court of Charles, vol. i., p. 67. Brodie's Hist, of British Empire, vol. ii., p. 139. Lingard's History, vol. ix., p. 361. Clarendon, vol. i., p. 31. Carte (vol. iv., p. 132) has attempted to throw discredit on it by the pro- duction of dates from the Mercure Francois, but unsuccess- fully. * This is not an occasion to notice the personal disputes of the king and queen, nor the way in which, for his own purposes, they were secretly inflamed by Buckingham. Charles, like most unfaithful and decorous husbands, sus- pected his wife ; and his wife, a woman of energy and spir- ited sense, despised him. Buckingham's insults to the queen are described by Clarendon, vol. i., p. 31, and other writers. See History, from Mackintosh, vol. v., p. 62. I may add, that the account of the young queen's reception of the news of the dismissal of her servants, as given in a letter of the day, is extremely characteristic of a quick temper redeem- ed by a ready self-command. " It is said, also, the queene, when she understood the designe, grew very impatient, and brake the glasse windows with her little fiste ; but since I heare her rage is appeased, and the king and shee, since they went together to Nonsuche, have been very jocund to- gether." Karl. MSS., 383. Ellis's Original Letters, vol. iii., p. 239. t See p. 13, of this memoir. t See a letter of Denzil Hollis to Wentworth. StrafFord Papers, vol. i., p. 42. Rushworth, vol. i., p. 465. Carte, vol. iv., p. 17R, et stq. Many curious particulars, and es- pecially the letters of Charles to Buckingham, connected with this affair, will be found in Hardwicke's State Papers, vol. i., p. 13, et seq. I shall have to advert to it again in noticing one of Eliot's speeches. >i Sir Robert Cotton was consulted by the lords of the council, and his advice is said to have determined the mat- ter. It is melancholy to see, however, that this great schol- ar was tempted on this occasion (see his Paper in Rush- worth, vol. i., p. 467) into concessions extremely unworthy of him. It is probable that a rumour of this, coupled with his silence on th affair of the loan, led to his defeat at the Westminster election. Eliot was warmly attached to him. It was at the meetings held at his house, where all the em- at liberty, and writs for a new Parliament were issued. > Unprecedented excitement prevailed at the elections.* Sir John Eliot was triumphantly returned for Cornwall, and every country gen- tleman that had refused the loan was sent to the House of Commons. " We are, without question, undone !" exclaimed a court prophet ; and the king, agitated by fear and rage, prepared himself to " lift the mask." Secret orders were transmitted to the Low Countries for the levy of 1000 German horse, and the purchase of 10,000 stand of arms, immediately to be con- veyed td England, t This famous third Parliament was opened by the king at Westminster, on the 17th of March, 1628, in a speech of insolent menace. If they did not do their duty, he told them, " I must use those other means which God hath put into my hands, to save that which the follies of oth- er men may otherwise hazard to lose. Take not this as threatening ; I scorn to threaten any but my equals. "t Wonderful was the tem- per and decorum with which the great leaders of that powerful house listened to this pitiful display. The imagination rises in the contem- plation of the profound statesmanship which distinguished every movement of these men, and it is difficult to describe it in terms of ap- propriate praise. Conscious of the rigour of the duties they had to perform, for these they reserved their strength. Not a word was wast- d before the time of action came not an en- rgy fell to the ground as too great for the oc- asion. A resolved composure, a quiet confi- dence steadily shone from their slightest prep- aration ; and the court, who had looked to nent men of the day assembled, that Eliot's intimate friend- ship with Selden most probably commenced. See the Cot- :onian MSS., Jul. C., iii. * An extract from a manuscript letter, dated March 8, 627, will present a lively notion of this excitement. It has quite a modern air : " There was a turbulent election of " >urgesses at Westminster, whereof the duke (Buckingham), >eing steward, made account he should, by his authority and vicinity, have put in Sir Robert Pye. It continued hree days, and when Sir Robert Pye's party cried ' A Pye ! a Pye '. a Pye !' the adverse party would cry ' A pudding ! i pudding ! a pudding !' and others, ' A lie ! a lie ! a lie !' n fine, Bradshaw, a brewer, and Maurice, a grocer, carried t from him by about a thousand voices, they passing by also Sir Robert Cotton, besides our man and Mr. Hayward, who were their last burgesses, because, as it is said, they had dis- ;ontented their neighbours in urging the payment of the oan. It is feared (saith mine author), because such patriots are chosen everywhere, the Parliament will not last above ight days. You hear of our famous election in Essex, where Sir Francis Barrington and Sir Harbottle Grimston lad all the voices of 16,500 men." Sloane MSS. t There is no doubt of this. The pretence afterward as- igned was to defend the kingdom from invasion (Carte, iv., i. 183) ; but the real object was to overawe the House of Commons. See Rushworth, vol. i., p. 474. A commission va.s issued at the same time (concurrent with the issuing if the election writs !) to certain privy councillors, to con- ider of raising money by impositions, or otherwise, " where- n form and circumstances must be dispensed with, rather han the substance be lost." These schemes were all de- eated, but their discovery necessarily exasperated the Com- mons. Rushworih, vol. i., p. 614. t Rushworth, vol. i., p. 477. The men to whom this oolish impertinence was addressed are thus described in a nanuscript letter of the time by a very moderate politician : ' The House of Commons was both yesterday and to-day is full as pne could sit by another; and they say it is he most noble and magnanimous assembly that ever these walls contained. And I heard a lord intimate they were able to buy the Upper House (his majesty only except- id) thrice over, notwithstanding there be of lords tem- loral to the number of 118: and what lord in England mould be followed by so many freeholders as some of these are?" Letter, dated March 21, 1628, in Shane's MSS. 20 BRITISH STATESMEN. strengthen themselves by the provocation of outrage, were lost in a mixed feeling of won- der and doubt, perhaps of even hope. " Was it possible that the ' new counsels' had cooled the fire of patriotism ?" Finch, a man known to be favourably affected to the court, was cho- sen speaker. " Was the expediency of some compromise recognised at last 1 " A resolution was passed to grant a supply, no less than five subsidies, and to be paid within twelve months ! "Was all this possible 1 !" "Were these the men who had been sent from every quarter of the country to oppose the court, to resent the wrongs of their constituents, and to avenge their own 1" Old Secretary Cooke hurried down with feeble haste to grasp at the subsi- dies. He was then quietly told that they could not be paid ; that the bill for collecting them, indeed, should not be framed until certain ne- cessary securities were given by the king for the future enjoyment of liberty and property among the subjects of the kingdom. The crest- fallen ministers resorted to their hypocritical arts of evasion and refusal ; the patriot lead- ers prepared for action. The consummate pol- icy we have described had resolved the dispute into the clearest elements of right and wrong ; and the position of the Commons against the court was firmly and immoveably determined.* What they had resolved to do could now be done ; and, the court policy once openly be- trayed, the passionate eloquence of Eliot was heard, opening up to the public abhorrence the wounds that had lately been inflicted upon the liberties and laws.t * I refer the reader, for the only exact account of the proceedings of this Parliament, to the journals and debates. Dr. Lingard has described the conduct of the leaders of the country party very faithfully. " They advanced step by step ; first resolving to grant a supply, then fixing it at the tempting amount of five subsidies, and, lastly, agreeing that the whole should be paid within the short space of twelve months. But no art, no entreaty could prevail on them to pass their resolution in the shape of a bill. It was held out as a lure to the king ; it was gradually brought nearer and nearer to his grasp, but they still refused to surrender their hold ; they required, as a previous condition, thai he should give his assent to those liberties which they claimed as the birthright of Englishmen." History, vol. ix., p. 379. See, also, Hume, vol. v., p. 160. . it is," observes Mr. Brodie, " that no copy nas been pre served of Sir John Eliot's speech upon the grievances '. H appears to have been the most eloquent man of his time.' Echoing his regret, I am surprised that Mr. Brodie should have passed without mention a most remarkable speech of Eliot, which I shall have immediate occasion to allude to, delivered by him on the same subject in the present ses- sion, and admirably handed down to us from the MSS. of Napier. He had noble seconders on the occasion referred to in the text. " I read of a custom," said Sir Robert Phil- ips (rising after Eliot had ceased), "among the old Ro- mans, that once every year they held a solemn feast for their slaves, at which they had liberty, without exception, to speak what they would, thereby to ease their afflicted minds; which being finished, they severally returned to their former servitude. This may, with some resemblance and distinction, well set forth our present state ; when now, after the revolution of some time, and grievous suffer- ing of many violent oppressions, we have, as those slaves had, a day of liberty of speech ; but shall not, I trust, be hereafter slaves, for we are free. Yet what new illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter ! I can live," passionately Philips continued, " although another, who has no right, be put to live with me ; nay, I can live although I pay excises and impositions more than I do. But to have my liberty, which is the soul of my life, taken from me by power ! and to have my body pent up in a jail, without remedy by law, and to be so adjudged ! O iinprov- The result, after many committees on the liberty of the subject, was a resolution to pre- pare the memorable petition of right.* Sir John Eliot took part in all the debates ; lifted them to the most vigorous and passionately de- termined tone ; and now acted in all respects as the great leader of the House. Charles's attempts to get hold of the subsi- dies continued to be unceasing, and every art was resorted to by his ministers. Buckingham, meanwhile, covered with his recent failures and disgraces, had hitherto kept himself out of view ; and it is another proof of the noble pol- icy we have characterized in every movement of the popular leaders at this time, that, intent upon their grander objects, they passed the subdued favourite, so long as he was not in- truded before them, in contemptuous silence. The court party, however, rarely failed to mis- construe conduct of this sort ; and now, with a fatal precipitancy, presumed upon this si- lence. Cooke, the king's secretary, by way of an inducement to suffer him to touch the sub- sidies, assured the House that the king was very grateful for their vote, and, moreover, that Buckingham had implored his majesty to grant all the popular desires, t An extract from a manuscript letter of the time will con- vey the most lively notion of what followed. " Sir John Eliot instantly leaped up, and taxed the secretary for intermingling a subject's speech with the king's message. It could not become any subject to bear himself in such a fashion, as if no grace ought to descend from the king to the people, nor any loyalty ascend from the people to the king, but through him only. Whereunto many in the House made an exclamation, ' Well spoken, Sir John Eliot !' "J From a more detailed report, I will give an ex- tract of this speech, happily characteristic of Eliot's style, of the dignified phrase, not unmix- ed with a composed sarcasm, with which, in the present instance, the sharpness of his re- ident ancestors ! O unwise forefathers ! to be so curious in providing for the quiet possession of our laws, and the liberties of Parliament, and to neglect our persons and bod- ies, and to let them lie in prison, and that, durante bene- placito, remediless '. If this be law, why do we talk of liberties 1 Why do we trouble ourselves with a dispute about law, franchises, property of goods, and the like 7 What may any man call his own, if not the liberty of his person 7" Sir Benjamin Rudyard followed. " This is the crisis of Parliaments," he said; "by this we shall know whether Parliaments will live or die !" To him succeeded the dark and doubtful energy of Wentworth, and the un- dimmed clearness of the venerable Sir Edward Coke. " I'll begin," said the latter, after approving the proposed sup- plies, "with a noble record. It cheers me to think of it! It is worthy to be written in letters of gold ! Loans against the will of the subject are against reason and the franchises of the land, and they desire restitution. Franchise ! What a word is that 'franchise !'" Parl. Hist., vol. vii., p. 363, et seq. These men were indeed capable of the great duties that fell to them. [Such specimens of eloquence as these go far to illustrate the opinion of the great orator of our country, that the finest bursts of parliamentary eloquence on record are to be found in the debates of the Parliaments in the reign of Charles I. C.] * The grievances detailed before these committees were reduced to six heads; attendance at the council board, im- prisonment, confinement, designation to foreign employ- ment, martial law, undue proceedings in matters of judica- ture. These were severally debated, and Eliot spoke upon all of them with characteristic energy. The portions that remain of his speeches are sufficient to indicate this. Parl. Hist., vol. vii., p. 399-405, &c. t Parl. Hist., vol. vii., p. 431. } Sloane MSS., 4177. Letter from Mr. Pory. Another account will be found among these manuscripts, in a letter from Mr. Mead, dated April 12, 1628. SIR JOHN ELIOT. 21 buke was tempered : " My joy at this message is not without trouble, which must likewise be declared. I must disburden this affliction, or I cannot, otherwise, so lively and so faithfully express my devotion to the service of this House as I had resolved. I know not by what fatality or infortunity it has crept in, but I ob- serve, in the close of the secretary's relation, mention made of another in addition to his maj- esty ; and that which hath been formerly a matter of complaint I find here still a mix- ture with his majesty, not only in his business, but in name. Is it that any man conceives the mention of others, of what quality soever, can add encouragement or affection to us, in our duties and loyalties towards his majesty, or give them greater latitude or extent than nat- urally they have 1 Or is it supposed that the power or interest of any man can add more readiness to his majesty, in his gracious incli- nation towards us, than his own goodness gives him 1 I cannot believe it ! But, sir, I am sor- ry there is occasion that these things should be argued ; or that this mixture, which was for- merly condemned, should appear again. I be- seech you, sir, let it not be hereafter ; let no man take this boldness within these walls, to introduce it ! It is contrary to the custom of our fathers, and the honour of our times. I desire that such interposition may be let alone, and that all his majesty's regards and goodness- es towards this House may spring alone from his confidence of our loyalty and affections."* The secretary remained silent, but the court remembered that rebuke bitterly. Equally firm, however, against its threaten- ing and cajoling, the Commons persisted in their great purpose. Resolutions were passed declaratory of the rights of the people, and a conference appointed with the Lords, that they might concur in a petition to the throne, found- ed upon Magna Charta and other statutes ; di- rected to the security of the person, as the foremost of all securities ; strengthened on that point by twelve direct and thirty-one indi- rect precedents ; completed by certain resolu- tions of their own, reducing those precedents to a distinct unity of purpose ;t and to be call- ed a petition of right, because requiring nothing save the recognition and direction of violated laws. The Lords and Commons met, and the constitutional lawyers stated their case with a startling clearness. " It lies not under Mr. * Parl. Hist., vol. vii., p. 433. In this speech, also, Eliot, referring to the king's thankful recognition of the vote of subsidies, and the honeyed words he had addressed to them through Cooke, expressive of his sense of their claims, threw out a remark in which there appears an ominous union of sarcasm and sternness. " I presume we have all received great satisfaction from his majesty in his present gracious answer and resolution for the business of this House ; in his answer to our petition for religion, so par- ticularly made ; in his resolution in that other considera- tion concerning the point, ALREADY SETTLED HERE, in declaration of our liberties ; and for the Parliament in gen- eral." t These resolutions were four in number, and had for their object the security of the subject from those infamous pretences of the court lawyers and court judges, which had been so remarkably exhibited in the case of the five mem- bers. See thorn in Rushworth, vol. i., p. 513. Parl. Hist., vol. vii., p. 407. The profound skill and judgment of the leaders of the Commons, by sealing down the old statutes thus, at once shut out every possible plea of silence or eva- sion from the corrupt judges, and struck from under them their old resource to antagonist enactments, judicial prece- dents, and exercises of prerogative. Attorney's cap," exclaimed Sir Edward Coke, " to answer any one of our arguments." "With my own hand," said Selden, " I have written out all the records from the Tower, the Ex- chequer, and the King's Bench, and I will en- gage my head Mr. Attorney shall not find in all these archives a single precedent omitted."* The close of the conference elicited from the Lords a series of counter-resolutions, which were immediately rejected by Eliot and his friends, as nothing more than an ingenious subterfuge. These resolutions, in point of fact, if agreed to, would, after recognising the legality of the precedents urged, have left the matter precisely where it was. The king's word was to be the chief security, t The Lords, in truth, had been tampered with ; and the court heedlessly betrayed this by pro- posing, a few days after, in a royal message, precisely the same security, with the addition of a piece of advice that one regrets to see so evidently wasted. It would have been hailed with nods of such profuse delight by a parcel of Chinese mandarins. " The wrath of a king is like the roaring of a lion ; and all laws, with his wrath, are of no effect ; but the king's fa- vour is like the dew upon the grass ; there all will prosper !"t Undoubtedly this was lost upon the present audience. Eliot, who was well read in literature, might, probably, have reminded Philips or Selden of the leonine propensities of the Athenian weaver, who aggravated his voice, however, to such an extent, in roaring, that at last he came to roar as gently as a dove or a nightingale. Certainly no other notice was taken. The Commons returned to their house, and quietly, and without a single dis- sentient, ordered their lawyers to throw the matter of their petition into the shape of a bill, that the responsibility of openly rejecting it might fall on the Lords and the king. Message succeeded message, but still the * See the reports of the conference in the Journals. Rushworth, vol. i., p. 527, et seq. ; and Parl. Hist., vol. vii., p. 409, et seq. The legal research and vast ability displayed by the popular leaders in this conference determined the Lords to hear counsel for the crown. One of these, how- ever, Sergeant Ashley, having argued in behalf of the pre- rogative in the high tone of the last reign, was ordered into custody by their lordships, who at the same time as- sured the Conimons that he had no authority from them for what he had said. (See Parl. Hist., vol. viii., p. 47 for the offensive argument ; and afterward, p. 53 and p. 68.) This was a somewhat strong step to take against a king's coun- sel, employed at a free conference ; and Mr. Hallam urges it (Const. Hist., vol. i., p. 533) as a " remarkable proof of the rapid growth of popular principles." It is a compli- ment to the growing influence of the Lower House, but certainly no proof of the popular principles of a body of men who, the very moment after they had thus seemed to condemn arbitrary doctrines, proposed to grant to the king in extraordinary cases, the necessity of which he was to determine, a power of commitment without showing cause ! This was robbing Peter to pay Paul with a vengeance ! See their five propositions in Rushworth, vol. i., p. 546. An anecdote of one of their lordships which occurred at this time is worth subjoining. As the Earl of Suffolk was passing from the conference into the committee chamber of the House, he insolently swore at one of the members of the Commons, and said Mr. Selden deserved to be hanged, for that he had rased a record. This was immediately noised about, and came to the ears of Eliot. He took up the matter with great warmth, in vindication of his regard for Selden, had the circumstances investigated by a com- mittee, and proposed some stringent resolutions against the earl, " which were agreed unto by the whole House." See Commons' Journals, April 17, 1628 ; and Parl. Hist., vol. vii., p. 452. t See Rushworth, vol. i., p. 546. t See Parl. Hist., vol. viii., p. 81. Rushworth, vol. i., p. 551. Aikin's Court of Charles, vol. i., p. 206. 23 BRITISH STATESMEN. Commons proceeded. Briefly and peremptori- ly, at last, Charles desired, through his secre- tary, to know decidedly whether the House would or would not rest upon his royal word. "Upon this there was silence for a good space."* Pym was the first to break it ; and Eliot hastened to relieve Pym from the per- sonal dilemma in which his fearless acuteness threatened to place him. " I move," said he, " that this proposition be put to the question, because they that would, have it do urge us to that point, "t The question was rejected. Charles instantly sent down another message, peremptorily warning them not " to encroach on that sovereignty or prerogative which God hath put into our hands," and threatening to end the session on Tuesday sennight at the farthest. " Whereupon," say the Journals, "Sir John Eliot rose and spoke." He com- plained bitterly of the proposed shortness of the session. " Look," he exclaimed, " how many messages we have ! Interruptions, mis- reports, and misrepresentations produce these messages. I fear," continued Eliot, " his maj- esty yet knows not what we go about. Let us make some enlargement, and put it again be- fore him."J An address for this purpose was instantly agreed to by the House, was present- ed by the speaker, and again the king found himself completely baffled. It would be too painful to follow his windings and doublings through their long and mean course, but that at every turn some new evidence arrests us of the brilliant powers and resources of the great statesman whose character we seek to illus- trate. So clear and decisive was the last statement of the Commons, that Charles fancied he had no resource now but to intimate his assent to the proposed bill ; yet, even in doing this, he sought, by an insidious restriction, to withhold from the old statutes and precedents that unity and directness of purpose which the cement- ing resolutions of the House were, for the first time, about to give to them. " We vindicate," Wentworth had said, " what ? new things ? No ! our ancient, legal, and vital liberties by * Rushworth, yol. i., p. 553. Parl. Hist., vol. viii., p. 95. t There is no mention of this in the debates, but I have it on the authority of a manuscript letter in the collection of Dr. Birch. 1 may take this opportunity of stating that that learned person had with his own hand transcribed for publication, from the Harleian and various other collections, a vast number of letters, illustrative of the reigns of James I. and Charles I. ; but which remain to this day on the shelves cf the Sloane collection as the transcriber left them. Their arrangement and publication would confer a valuable service on history, yet I fear there is no prevailing encour- agement for undertakings of this sort. It is to be regretted. t Parl. Hist., vol. viii., p. 99. Rushworth, vol. i., p. 555. In the address which was voted in consequence of Eliot's proposition, the king is advised distinctly of the na- ture of the resolutions they had passed, as I have above explained them. " They have not the least thought of straining or enlarging the former laws ; the bounds of their desires extend no farther than to some necessary explana- tion of that which is truly comprehended within the just sense and meaning of those laws, icith some moderate pro- vision for execution and performance." Parl. Hist., vol. viii., p. 102. Sir Benjamin Rudyard expressed the matter, in the course of the debate on this address, in a more home- ly way. "For my own part," he said, "I should be very glad to see that good, old, decrepit law of Magna Charta, which hath been so long kept in lain bedrid, as it were I should be glad, I say, to see it walk abroad again, with new vigour and lustre." The conclusion of his speech was a covered rebuke to Charles. " No man is bound to be rich or great no, nor to be wise : but every man is bound to be honest." re-enforcing the laws enacted by our ancestors, by setting such a seal upon them as no licen- tious spirit shall dare hereafter to enter upon them !" " I assent," said Charles, unworthily at the same moment seeking to evade this seal, " but so as that Magna Charta and the other six statutes alluded to may be without addi- tions, paraphrases, or explanations."* The Commons had not had time to spurn the prof- fered deceit, when, with a childish imbecility, the king sent down another message, desiring that they should take his word.f The House was at this moment sitting in committee. Secretary Cooke, who brought the message, concluded with an earnest desire that "the debate upon it should be done before the House, and not before the committee." He had good reasons for this ; for he knew what arguments might possibly be urged, and that the court had at least one security against them, in the se- cret commands which the king had already placed upon the timid speaker.J Sir John El- iot, conscious of the weakness of Finch, saw through the secretary's purpose, and effectual- ly foiled it. With great energy he urged pro- ceeding in committee as more likely to be hon- ourable and advantageous. "That way," he said, " leads most to truth. It is a more open way. Every man may there add his reasons, and make answer upon the hearing of other men's reasons and arguments. " The House assented ; the debate proceeded with closed doors ; and the result was a plain and deter- mined resolution by the Commons that they could only take the king's word in a parliament- ary way. They passed their bill, and sent it up to the Lords. II To the Lords the king now addressed a let- ter, stating that he could not, without the over- throw of his sovereignty, part with the power of committing the subject, but promising, in all ordinary cases, to obey Magna Charta, and not to imprison, for the future, " any man for re- fusing a loan, nor for any cause which, in his judgment and conscience, he did not conceive necessary for the public good."T This letter was instantly sent to the Lower House, and all the notice we find of it in their journals is given in four words " They laid it aside."** Not so the Lords, who, with customary pliancy, founded upon it a saving clause to reserve his * Speech of the lord-keeper, Parl. Hist, TO!, iii., p. 98. Rushworth, vol. i., p. 557. The miserable fatuity of con- senting thus to their proceeding by bill, while he robsthem of all the advantages they sought to achieve by that mode of procedure, is too apparent. t Rushworth, vol. i., p. 557. Parl. Hist., vol. viii., p. 103. The secretary's wriiftjling' method of delivering this message was curious and instructive. t Finch had already commenced his bargain for promo- tion by promising the king to discountenance, as much as possible, any aspersion of his ministers, and, more especial- ly, of Buckingham. I have already suggested the only motive the Commons could have had in electing this man as their speaker. They appeal to have desired to impress the court, on their first meeting, with a sense of how little they were disposed to be actuated in their duties by any violent temper, or the resentment of individual wrongs* They committed an error, but a generous one. $ Par!. Hist., vol. viii., p. 104. II In the interval between this and the first assent of Charles, the affair of Dr. Mainwaringwas brought before the House. I shall have to allude to it in the biography of Pym. IT The Lords' Journals, May 12. Rushworth, vol. i., p. 560. Parl. Hist., vol. viii., p. 110. ** Rushworth, vol. i., p. 561. Parl. Hist., vol. viii.,p 112. SIR JOHN ELIOT. 23 majesty's " sovereign power," and, so weak- ened, sent down the bill. " Let us take heed," said Coke, on hearing the addition, " what we yield unto ; Magna Charta is such a fellow that he will have no sovereign." Selden followed with a singular warning and precedent ;* the clause was generally condemned ; and, after a conference, the Lords consented to abandon it. The petition of right, adopted by both Houses, was now presented to the throne. Charles, for two long months, had, by every sort of subterfuge, struggled to avoid this cri- sis. It had arrived, notwithstanding. On the one hand, want awaited him ; on the other, the surrender of his darling power. Incapable of either, he sought a passage of escape through one perfidy more, and in this he might have succeeded but for Eliot. He sent for the judges, and, with the most solemn injunctions to secrecy, put three questions to them re- specting the proposed petition of rights : " Whether the king may commit without show- ing a cause !" " Whether the judges ought to deliver on habeas corpus a person commit- ted 1" "Whether he should not deprive him- self of such power of commitment by granting the petition of right 1" The judges answered to the first and second questions, that the gen- eral rule of law was against him, but exceptive cases might arise ; and to the third they said, that it must be left to the courts of justice in each particular case.t Consoling himself * Th debate on this question was one of the most re- markable, for a display of ready knowledge and acute judg- ment. See, especially, Seldeii's speech, and that delivered by Glanvil before the Lords. Rushworth, vol. i., p. 562- 579. A precedent had been urged by the opposite party, from a petition in the reign of Edward I. Selden's all- wonderful learnin^never failed him. " That clause of 28th Edward I.," he said, at once silencing his opponents, "was not in the petition, but in the king's answer." Then mark how triumphantly he turned the tables on them ; the pas- sage is, in all respects, remarkable. " In 28th Edward I., the Commons, by petition or bill, diJ obtain the liberties and articles at the end of the Parliament ; they were ex- tracted out of the roll, and proclaimed abroad. The addi- tion was added in the proclamation ; but in the bill there was no 'savant,' yet afterward it was put in; and, to prove this, though it is true there is no Parliament-roll of that year, yet we have histories of that time. In the libra- ry at Oxford there is a journal of a Parliament of that very year which mentions so much ; as, also, in the public li- brary at Cambridge there is in a MS. that belonged to an abbey. It was of the same year, 28th Edward I., and it mentions the Parliament, and the petitions, and ' articulos quos petierutt sic eonfirmavit rex, ut in fine adderet, salvo jure eoronce rcgis,' and they came in by proclamation. But, in London, when the people beard of this clause being added in the end, they fell into execration for that addition ; and the great earls that went away satisfied from the Par- liament, hearing of this, went to the king, and afterward it was cleared at the next Parliament. Now there is no Par- liament-roil of this of that time ; only in the end of Edward III. there it one roll that recites it." So closed the debate on " sovereign power." I may add that, upon this proposed addition, that notably bungling intriguer, Bishop Williams, eminently distinguished himself. He professed to be an ardent promoter of the petition of right, yet he stood up mightily for the clause. The consequence was a meeting between himtelf and Buckingham, a perfect reconcilement, and, as we are told, " his grace had the bishop's consent, with a little asking, that he would be his grace's faithful servant in the next session of Parliament ; and was allowed to hold up a seeming enmity, and his own popular estima- tion, that h might the sooner do the work." Such were the public men with whom Eliot had to deal, and upon the faith of such as these have attempts been made upon his character. See Hacket's Scrinia Reserata, p. 77, et seq. t The questions and answers were discovered, at length, in the Hargjrave MSS., xxxii., 97. Hallam's Constitutional History, vol. L, p. 533. Ellis's Original Letters, new se- ries, vol. iii., p. 250. History, from Mackintosh, vol. v., p. 4>2. Much unnecessary trouble, on the part of the king, ap- with these assurances, he went to the House of Lords in a sort of secret triumph, resolved to assent to the bill, yet in such terms as might still leave its construction to his convenient parasites on the bench. The Commons hur- ried up to their lordships' bar. " Gentlemen," he said, with a sullen abruptness, " I am come hither to perform my duty. I think no man can think it long, since I have not taken so many days in answering the petition as ye spent weeks in framing it ; and I am come hither to show you that, as well in formal things as in essential, I desire to give you as much content as in me lies." He then, to the surprise of his hearers, instead of the ordinary goit droit fail comme il est de'sire, delivered the following by way of royal assent : " The king willeth that right be done according to the laws and customs of the realm, and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or op- pressions, contrary to their just rights and lib- erties, to the preservation whereof he holds himself in conscience as well obliged as of his own prerogative."* The next meeting of the House of Commons was a very momentous one. The singular treachery of the king had struck with a para- lyzing effect upon many of the members ; it seemed hopeless to struggle with it farther ; it had continued proof against every effort ; all the constitutional usages of Parliament had fallen exhausted from the unequal contest ; and already the House saw itself dissolved, without the achievement of a single guarantee for the liberty and property of the kingdom. The best and the bravest began to despair. But then the genius of Eliot rose to the gran- deur of that occasion ; and, by its wonderful command over every meaner passion, by its great disregard of every personal danger, w r rested the very sense of hopeless discom- fiture to the achievement of a noble security. Knowing more thoroughly than others the character of the king, he knew that he was yet assailable. His conduct at this awful crisis has seemed to me to imbody a perfect union of profound sagacity and fearless magnanimity, unsurpassed, perhaps unequalled, in the history of the most illustrious statesmen. " On Tuesday, the 3d of June," says Rush- worth, " the king's answer to the petition of right was read in the House of Commons, and seemed too scant. Whereupon Sir John Eliot stood up and made a long speech, wherein he gave forth so full and lively a representation of all grievances, both general and particular, as if they had never before been mentioned."* But observe with what consummate policy. It was not a representation of the grievances alone, such as had been urged some months before : pears through all these proceedings ; for he afterward proved himself quite as capable of openly violating a statute enacted in the regular manner, as of playing the game of evasion with his duty and his conscience. But wounded vanity had clearly much to do with it. * Rushworth, vol. i., p. 588. Parl. Hist., vol. viii., p. 145. t Rushworth, vol. i., p. 591. The indefatigable collector, however, only gives a brief outline of the speech. It may be worth notice also, that, owing to some confusion in his pa- pers, a portion of this outline was printed in the wrong place, and still stands as a separate speech both in his work and the Parliamentary History. See the latter, vol. vii., p. 399 ; and Rushworth, vol. i., p. 520. 24 BRITISH STATESMEN. it was a pursuit of them to their poisonous spring and source ; it was an exhibition beside them of their hideous origin ; it was a direction of the wrath of the people against one oppress- or, whose rank was not beyond its reach ; it was, in one word, a fatal blow at Charles through that quarter where alone he seemed to be vulnerable it was, in its aim and result, a philippic against the Duke of Buckingham. Demosthenes never delivered one more clear, plain, convincing, irresistible. It calls to mind that greatest of orators. Eliot's general style was more immediately cast in the manner of Cicero, but here he rose beyond it, into the piercing region of the Greek. Demosthenic strength and closeness of reasoning, clearness of detail, and appalling earnestness of style, are all observable in the naked outline I now present. What may have been the grandeur and the strength of its complete proportions 1 I recollect a remark of Mr. Hazlitt's, that the author of this speech might have originated the " dogged style" of one of our celebrated politi- cal writers. " There is no affectation of wit in it," he continued, " no studied ornament, no display of fancied superiority. The speaker's whole heart and soul are in his subject ; he is full of it ; his mind seems, as it were, to sur- round and penetrate every part of it ;" nothing diverts him from his purpose, or interrupts the course of his reasoning for a moment. No thought of the personal loss, then frightfully incurred, no fear of the dangers that were sure to follow. His argument rose paramount, for it was the life of the nation's liberties.* " Mr. Speaker," Eliot began, " we $it here as the great council of the king, and, in that capacity, it is OUR DUTY to take into considera- tion the present state and affairs of the king- dom. In this consideration, I confess, many a sad thought hath affrighted me ; and that not only in respect of our dangers from abroad, which yet I know are great, as they have been often in this place pressed and dilated to us, but in respect of our disorders here at home, which do enforce those dangers, and by which they are occasioned. For, I believe, I shall make it cleare unto you that, as at first the cause of these dangers were our disorders, so our disorders now are yet our greatest dangers. It is not so much the potency of our enemies as the weakness of ourselves that threatens us. That saying of the father may be assumed by us : Non tarn potentia sua, quam negligentia nos- tra. Our want of true devotion to Heaven, our insincerity and doubling in religion, our want of councils, our precipitate actions, the insuffi- ciency or unfaithfulness of our generals abroad, the ignorance or corruptions of our ministers at home, the impoverishing of the sovereign, * It is a saying of May, the historian, in reference to this and other speeches, that "the freedom that Sir John Eliot used in Parliament was by the people applauded, though much taxed by the courtiers, and censured by some of a more politique reserve (considering the times) among his own party, in that kind that Tacitus censures Thraseas Foetus, as thinking such freedom a needlesse, and therefore a foolish thing, where no cure could be hoped by it. Sibi periculum, nee aliis libertatem." This is the old reproach of the timid and indifferent. I am about to show, in the present instance, that he incurred the danger, which soon after fell upon his life, in no spirit of idle forwardness, but for the achievement of a great practical purpose, which he did achieve. the oppression and depression of the subject, the exhausting of our treasures, the waste of our provisions, consumption of our ships, de- struction of our men these make the advan- tage to our enemies, not the reputation of their arms. And. if in these there be not reforma- tion, we need no foes abroad. Time itself will ruin us !" A slight interruption from the ministers here appears to have given Eliot a moment's pause. With admirable address he appealed to the House. "You will all hold it necessary that what I am about to urge seems not an asper- sion on the state, or imputation on the govern- ment, as I have known such motions misinter- preted. Far is this from me to propose, who have none but clear thoughts of the excellency of the king, nor can have other ends than the advancement of his majesty's glory. I shall desire," he continued, " a little of your patience extraordinary to open the particulars, which I shall do with what brevity I may answerable to the importance of the cause and the neces- sity now upon us, yet with such respect and observation to the time as I hope it shall not be thought troublesome." He then proceeded to open up the question of " insincerity and doubling in religion." He pursued it through many strong and terrible examples. " Will you have authority of books 1" he asked, furnishing them with a series of the most striking passages from the recent collec- tions of the committee that had been sitting on religious affairs. " Will you have proofs ol men]" he continued. "Witness the hopes, witness the presumptions, witness the reports of all the papists generally. Observe the dis positions of commanders, the trust of officers, the confidence in secretaries to employments in this kingdom, in Ireland, and elsewhere ! These all will show it hath too great a certain- ty ; and to this add but the incontrovertible evidence of that all-powerful hand which we have felt so sorely. For if the heavens oppose themselves to us for our impiety, it is we that first opposed the heavens." Eliot next handled the " want of councils." " This," he said, " is that great disorder in a state with which there cannot be stability. If effects may show their causes, as they are often a perfect demonstration of them, our misfortunes, our disasters, serve to prove it, and the consequences they draw with them. If reason be allowed in this dark age, the judg- ment of dependencies and foresight of contin- gencies in affairs do confirm it. For, if we view ourselves at home, are we in strength, are we in reputation equal to our ancestors 1 If we view ourselves abroad, are our friends as many, are our enemies no more 1 Do our friends retain their safety and possessions ] Do not our enemies enlarge themselves, and gain from them and us 1 To what counsel owe we the loss of the Palatinate, where we sacrificed both our honour and our men ob- structing those greater powers appointed for that service by which it might have been de- fensible 1 What counsel gave direction to the late action, whose wounds are yet bleeding I mean the expedition to Rhee, of which there is yet so sad a memory in all men 1 What design for us, or advantage to our state, could that in> SIR JOHN ELIOT 25 port 1 You know the wisdom of our ancestors, and the practice of their times ; how they pre- served their safeties ! We all know, and have as much cause to doubt as they had, the great- ness and ambition of that kingdom WHICH THE OLD WORLD COULD NOT SATISFY.* Against this greatness and ambition we likewise know the proceedings of that princess, that never-to-be- forgotten, excellent queen, Elizabeth, whose name, without admiration, falls not into men- tion even with her enemies ! You know how she advanced herself, and how she advanced this nation in glory and in state ; how she de- pressed her enemies, and how she upheld her friends ; how she enjoyed a full security, and made them then our scorn who now are made our terror !" The principles of that policy by which Eliza- beth had effected all this, Eliot now developed to the House, exhibiting beside them the singu- larly opposite 'and pitiful contrast of the pre- vailing policy. The passage is remarkable for its subtlety, no less than for its exactest truth. " Some of the principles she built on were these ; and, if I mistake, let reason and our statesmen contradict me. First, to maintain, in what she might, a unity in France, that that kingdom, being at peace within itself, might be a bulwark to keep back the power of Spain by land. Next, to preserve an amity and league between that state and us, that so we might come in aid of the Low Countries, and by that means receive their ships and help them by sea. This TREBLE CORD, so working between France, the States, and England, might enable us, as occasion should require, to give assist- ance unto others. It was by this means, the experience of that time doth tell us, that we were not only free from those fears that now possess and trouble us, but our names were also fearful to our enemies. See now what correspondency our actions have with this ; square them by these rules. They have induced, as a necessary consequence, a division in France between the Protestants and their king, of which we have had too woful and lamenta- ble experience. They have made an absolute breach between that state and us, and so enter- tain us against France, and France in prepara- tion against us, that we have nothing to prom- ise to our neighbours hardly to ourselves! Nay, observe the time in which they were at- tempted, and you shall find it not only varying from those principles, but directly contrary and opposite, ex diametro, to those ends ! and such as, from the issue and success, rather might be thought a conception of Spain than begot- ten here with us !" ~ Every word was now falling with tremen- 'dous effect upon Buckingham, and the minis- ters could endure it no longer. Sir Humphry May, the chancellor of the duchy, and one of the privy council, started from his seat, " ex- pressing," as Rushworth states it, " a dislike. But the House ordered Sir John Eliot to go on. Whereupon he proceeded thus : ' Mr. Speaker, I am sorry for this interruption, but much more sorry if there hath been occasion wherein, as I shall submit myself wholly to your judgment, to receive what censure you should give me, * The entire range of English oratory furnishes nothing finer in expression and purpose than this allusion to Spain. D if I have offended ; so, in the integrity of my intentions and clearness of my thoughts, I must still retain this confidence ; that no greatness shall deter me from the duties which I owe to the service of my king and country, but that, with a true English heart, I shall discharge my- self as faithfully, and as really to the extent of my poor power, as any man whose honours or whose offices most strictly oblige him.' " With admirable self-possession, Eliot then resumed his speech at the very point of inter- ruption, and continued to urge the madness of breaking peace with France at a time so em- phatically unfortunate. " You know," he said, "the dangers Denmark was in, and how much they concerned us ; what in respect of our al- liance and the country, what in the importance of the Sound (what an advantage to our ene- mies the gain thereof would be !). What loss, then, what prejudice to us, by this disunion ! we breaking upon France, France enraged by us, and the Netherlands at amazement be- tween both ! no longer could we intend to aid that luckless king, whose loss is our disaster."* Here Eliot having, as it appears to me, reduced the mattei ad absurdum, suddenly turned round to the ministerial bench. " Can those, now, that express their troubles at the hearing of these things, and have so often told us, in this place, of their knowledge in the conjunctures and disjunctures of affairs, say they advised in this 1 Was this an act of council, Mr. Speak- er 1 / have more charity than to think it ; and, unless they make a confession of themselves, I can- not believe it." The orator now, under cover of a discussion of a third division of his argument, " the insuf- ficiency and unfaithfulness of our generals," dragged Buckingham personally upon the scene. For a moment, however, before doing this, he paused. "What shall I sayl I wish there were not cause to mention it ; and, but out of apprehension of the danger that is to come, if the like choice hereafter be not prevented, I could willingly be silent. But my duty to my sovereign, my service to this House, and the safety and honour of my country, are above all respects ; and what so nearly trenches to the prejudice of this, must not, shall not be for- borne." Then followed this bitter and searching ex- posure of the incapacity of Buckingham in his various actions. How much its effect is in- creased by the ominous omission of his name ! " At Cadiz, then, in that first expedition we made, when we arrived and found a conquest ready (the Spanish ships, I mean, which were fit for the satisfaction of a voyage ; and of which some of the chiefest then there them- selves, have since assured me that the satis- faction would have been sufficient, either in point of honour or in point of profit) why was it neglected 1 why was it not achieved 1 it being of all hands granted, how feasible it was ! * It would be easy to dilate this speech into a volume, so pregnant is every word with meaning-, so condensed are its views, yet so exact and forcible. The reader who is best acquainted with the general history of the time will appre- ciate it best. The present is an allusion to the disastrous defeat of the King of Denmark by Count Tilly. The Kingf of England had precipitated the quarrel by his weak impor- tunities, and then, by this outrageous war with France, ut- terly disabled his own power of assistance. BRITISH STATESMEN. " After, when with the destruction of some of our men, and with the exposition of some others, who (though their fortunes since have not been such) by chance came off when, '. say, with the loss of our serviceable men, that unserviceable fort was gained, and the whole army landed why was there nothing done 1 j why was there nothing attempted 1 If nothing was intended, wherefore did they land] If there was a service, wherefore were they ship- ped again 1 "Mr. Speaker, it satisfies me too much in this when I think of their dry and hungry inarch into that drunken quarter (for so the soldiers termed it), where was the period of their journey that divers of our men, being left as a sacrifice to the enemy, the general's labour was at an end /" " For the next undertaking at Rhee I will not trouble you much only this, in short. Was not that whole action carried against the judgment and opinion of those officers that were of the council 1 Was not the first, was not the last, was not all, in the landing, in the intrenching, in the continuance there, in the assault, in the retreat, without their assent? Did any advice take place of such as were of the council 1 If there should be made a par- ticular inquisition thereof, these things will be manifest, and more! I will not instance the manifesto that was made for the reason of these arms ; nor by whom, nor in what man- ner, nor on what grounds it was published ; nor what effects it hath wrought, drawing, as it were, almost the whole world into league against us ; nor will I mention the leaving of the wines, nor the leaving of the salt, which were in our possession, and of a value, as it is said, to answer much of our expense ; nor that great wonder which no Alexander or CcBsar ever did, the enriching of the enemy by courtesies when our soldiers wanted help ;* nor the private inter- courses and parleys with the fort which con- tinually were held ; what all these intended may be read in the success, and, upon due ex- amination thereof, they would not want their proofs !" Eliot passed to the consideration of " the ignorance and corruption of our ministers. Where," he asked, " can you miss of instan- ces 1 If you survey the court, if you survey the country ; if the Church, if the city be ex- amined ; if you observe the bar, if the bench ; if the ports, if the shipping ; if the land, if the seas all these will render you variety of proofs, and that in such measure and propor- tion as shows the greatness of our disease to * The affected gallantries and courtesies practised by Buckingham to the enemy, during this expedition, were ri- diculous in the extreme. When Toiras sent a trumpet to request a passport to convey some wounded officers to the coast, Buckingham sent them his grand chaloupe, or yacht, furnished with every elegant convenience, and lined with ires belle escarlette rouge ; while his musicians, with all the varieties of their instruments, solaced and charmed the wounded enemy in crossing the arm of the sea. Toiras once inquiring " whether they had saved any melons in the island?" was the next day presented, in the duke's name, with a dozen. The bearer received twenty golden crowns ; and Toiras despatching six bottles of orange flower water, and a dozen jars of cypress powder, the duke presented the bearer with twenty Jacobuses ! After a sharp action, when Toiras sent one of his pages with a trumpet, to request leave to bury some noblemen, the duke received the messenger with terms of condolence. See an amusing account in D'lsraeh'i Commentaries, vol. ii., p. 48. be such that, if there be not some speedy applica- tion for remedy, our case is almost desperate." Eliot here paused for a few moments. " Mr. Speaker," he said, " I fear I have been too long in these particulars that are passed, and am unwill- ing to offend you ; therefore, in the rest I shall be shorter." As he condenses his statements, it will be seen he becomes more terrible. " In that which concerns the impoverishing of the king, no other argument? will I use than such as all men grant. The Exchequer, you know, is empty, and the reputation thereof gone ; the ancient lands are sold ; the jewels pawned ; the plate engaged ; the debt still great ; almost all charges, both ordinary and extraordinary, borne up by projects. What poverty can be greater? What necessity so great 1 What perfect English heart is not al- most dissolved into sorrow for this truth ! " For the oppression of the subject, which, as I remember, is the next particular I pro- posed, it needs no demonstration : the whole kingdom is a proof. And for the exhausting of our treasury, that very oppression speaks it. What waste of our provisions, what consump- tion of our ships, what destruction of our men have been ! Witness that journey to Argiers. Witness that with Mansfield. .Witness that to Cadiz. Witness the next. Witness that to Rhee. Witness the last (I pray God" we may never have more such witnesses !). Witness, likewise, the Palatinate. Witness Denmark. Witness the Turks. Witness the Dunkirkers. WITNESS ALL ! What losses we have sustain- ed ! how we are impaired in munition, in ships, in men ! It is beyond contradiction, that we were never so much weakened, nor ever had less hope how to be restored." Eliot concluded thus, with a proposition for a remonstrance to the king. " These, Mr. Speaker, are our dangers ; these are they which do threaten us, and they are like the Trojan horse, brought in cunningly to surprise us. In these do lurk the strongest of our enemies, ready to issue on us ; and if we do not speedily expel them, these are the signs these the invitations to others. These will so prepare their entrance, that we shall have no means left of refuge or defence. For if we have these enemies at home, how can we strive with those that are abroad 1 If we be free from these, no other can impeach us ! Our ancient English virtue, like the old Spartan val- our, cleared from these disorders a return to sincerity in religion, once more friends with leaven, having maturity of councils, sufficiency of generals, incorruption of officers, opulency n the king, liberty in the people, repletion in treasure, plenty of provisions, reparation of ships, preservation of men our ancient Eng- ish virtue, I say, thus rectified, will secure us ; >ut unless there be a speedy reformation in hese, I know not what hopes or expectations we can have. " These are the things, sir, I shall desire to lave taken into consideration ; that, as we are he great council of the kingdom, and have the apprehension of these dangers, we may truly represent them unto the king : whereto, I con- eive, we are bound by a treble obligation of iuty to God, of duty to his majesty, and of duty o our country. SIR JOHN ELIOT. 27 " And therefore I wish it may so stand with the wisdom and judgment of the House, that they may be drawn into the body of a remon- strance, and in all humility expressed ; with a prayer unto his majesty, that, for the safety of himself, for the safety of the kingdom, and fr the safety of religion, he will be pleased to give us time to make perfect inquisition thereof; or to take them into his own wisdom, and there give them such timely reformation as the ne- cessity and justice of the case doth import. " And thus, sir, with a large affection and loyalty to his majesty, and with a firm duty and service to my country, I have suddenly (and it may be with some disorder) expressed the weak apprehensions I have ; wherein, if I have erred, I humbly crave your pardon, and so sub- mit myself to the censure of the House."* Eliot's purpose was already accomplished ! Scarcely had he resumed his seat, when the ef- fects he had laboured to produce broke forth. " Disaffection !" cried Sir Henry Martin and others of the court party ; " and there wanted not some who said that speech was made out of some distrust of his majesty's answer to the petition."t From the popular side, on the oth- er hand, some stern and significant words were heard about the necessity of a remonstrance. The crisis had unquestionably come. The courtiers went off to tell their news at the council table ; the patriots " turned themselves into a grand committee touching the danger and means of safety of king and kingdom." The newsmongers discharged their duty faithfully. The next day a royal message came to the House, acquainting them that within six days the session would close, and desiring them not to touch upon any new matter, but to conclude the necessary business, t The day following that brought another message, " com- manding the speaker to let them know that he will certainly hold that day prefixed without alteration ; and he requires them that they enter not into, or proceed with, any new busi- ness which may spend greater time, or which may lay any scandal or aspersion upon the state, government, or ministers thereof."^ The scene that ensued was in all respects extraor- dinary. Sir Robert Philips was the first to rise. " I consider my own infirmities," said Philips, " and if ever my passions were wrought upon, now this message stirs me up especially. What shall we do, since our humble purposes * This speech was preserved in Sir John Napier's manu- scripts, and will be found in the Old Parliamentary History, vol. viii., p. 155. t Rushworth, vol. i.,p. 592. Eliot is said to have remark- ed on this, that he had for some time " had a resolution to open these last-mentioned grievances, to satisfie his majesty herein, only he had stayed for an opportunity." This reads like a sarcasm. Be that as it may, it is remarkable that Wentworth, upon this, is described to have stepped forward and " attested that averment," saying that he had heard such to have been the determination of Eliot. This is the only appearance of courtesy, or, indeed, of any other feeling than a violent dislike, which it is possible to trace in the conduct of Wentworth to Eliot. And it might have been meant in the wayof " damned good-natured friendship." On the whole, however, I suspect it to have been simply anoth- er fillip to the wavering negotiations of the court, which Wentworth was now waiting the issue of. Many commu- nications had already passed through the medium of the speaker and Weston. See Stafford's State Papers, vol. i., p. 46. t Rushworth, vol. i., p. 593. Parl. Hist., vol. viii., p. 167. 4 Rushworth, vol. i., p. 605. Parl. Hist., vol viii., p. 168. are thus prevented?"* Eliot here suddenly started up, and spoke with more than ordinary vehemence. "Ye all know," he said, "with what affection and integrity we have proceeded hitherto to have gained his majesty's heart. It was out of the necessity of our duty we were brought to that course we were in. I doubt a misrepresentation to his majesty hath drawn this mark of his displeasure upon us ! I ob- serve in the message, among other sad partic- ulars, it is conceived that we were about to lay some aspersions on the government. Give me leave to- protest, sir, that so clear were our in- tentions, that we desire only to vindicate those dishonours to our king and country ! It is said also, as if we cast some aspersions on his majesty's ministers ! I am confident no minister, how dear soever, can " A strange interruption stopped him. " Here," says the account in the Napier MSS., "the speaker started up from the chair, and, apprehending Sir John Eliot intended to fall upon the duke, said, tmth tears in his eyes, ' There is a com- mand laid upon me to interrupt any that should go about to lay an aspersion on the ministers of the state.' "t Eliot sat down in silence. Events for passions include events now crowded together to work their own good work ; and the great statesman, the author, as it were, of that awful scene, may be conceived to have been the only one who beheld it from the van- tage ground of a sober consciousness and con- trol. Into that moment his genius had thrown a forecast of the future. The after terrors he did not live to see, but now concentred in the present spot were all their intense and fervid elements. They struggled in their birth with tears. I do not know whether ft may not be thought indecorous and unseemly now for statesmen to shed tears, but I consider the weeping of that memorable day, that " black and doleful Thursday,"! to have been the pre- cursor of an awful resolve. Had these great men entertained a less severe sense of their coming duty, no such present weakness had been shown. The monarchy, and its cherished associations of centuries, now trembled in the balance. " Sir Robert Philips spoke," says a member of the House, writing to his friend the day after, " and mingled his words with weep- ing. Sir Edward Coke, overcome with passion, seeing the desolation that was like to ensue, was forced to sit down when he began to speak, through the abundance of tears ; yea, the speak- er in his speech could not refrain from weep- ing and shedding of tears, besides a great many whose great griefs made them dumb and si- lent. " A deep silence succeeded this storm, and the * Rushworth, vol. i., p. 606. t Ibid., vol. i., p. 606. Parl. Hist., vol. viii., p. 191. t This expression is used in a manuscript letter of the day. This interesting letter will be found in Rushworth, vol. , p. 609. It will be seen that, in the commencement of it, .he writer, Mr. Alured, distinctly conveys the impression .hat this extraordinary scene had been caused by Eliot's jreat speech of two days before. He gives a sketch of the speech, and afterward describes the interference of the min- sters. " As he was enumerating which, the chancellor of ;he duchy said, ' it was a strange language ;' yet the House commanded Sir John Eliot to go on. Then the chancellor desired, if he went on, that himself might go out. Where- upon they all bade him begone, yet he stayed and heard him out." BRITISH STATESMEN. few words that broke the silence startled the House into its accustomed attitude of resolu- tion and composure. " It is the speech lately spoken by Sir John Eliot which has given of- fence, as we fear, to his majesty."* The ir- resolute men who hazarded these words at such a time little anticipated their immediate result. " Hereupon," says Rushworth, " the House declared 'that every member of the House is free from any undutiful speech, from the beginning of the Parliament to that day,' and ordered ' that the House be turned into a committee to consider what is fit to be done for the safety of the kingdom ; and that no man go out upon pain of being sent to the Tow- er.' " The time for action had arrived. The speaker, in abject terror, " humbly and earnest- ly besought the House to give him leave to ab- sent himself for half an hour, presuming they did not think he did it for any ill intention ; which was instantly granted him. "t He went to the king. In the interval of his absence cheer- ful acclamations resounded once more through the House, for again Buckingham was fear- lessly named as the " grievance of grievan- ces ;" and " as when one good hound," ob- serves a member who was present, " recovers the scent, the rest come in with a full cry, so they pursued it, and every one came on home, and laid the blame where they thought the fault was, and were voting it to the question, ' that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils,' when the speaker, having been three hours absent and with the king, brought this message, ' that his majesty commands, for the present, they adjourn the House till to-morrow morning, and*that all committees cease in the mean time.' What we shall expect this morn- ing God of heaven knows, "t The king, it is evident, now shook with alarm. The clouds were gathering over his favourite thicker and blacker than ever. That morning, however, with a last vague hope, he sent a cozening message, and a wish for a " sweet parting. " The only notice taken of it by the Commons was the forwarding of a petition "for a clear and satisfactory answer in full Parliament to the petition of rights,"|| and the stern opening of an investigation into several high grievances, more especially the charge I have before mentioned of a design for introdu- cing foreign troops into the kingdom. IT No al- ternative was left to Charles, and the Commons were summoned the next day to meet him in the Upper House. " To avoid all ambiguous interpretations, and to show you there is no doubleness in my mean- * Rushworth, vol. i., p. 606, 607. Parl. Hist., vol. viii., p. 192. t Rushworth, vol. i., p. 609. i Rushworth, vol. i., p. 610. Parl. Hist., vol. viii., p. 196. $ " So for this time," ran the close of the message, "let all Christendom take notice of a sweet parting between him and his people ; which, if it fall out, his majesty will not be long from another meeting ; when such grievances, if there be any, at their leisure and convenience may be considered." Parl. "Hist., vol. viii., p. 197. Rushworth, vol. i., p. 610. II Parl. Hist., vol. viii. .p. 201. Rushworth, vol. i., p. 612. IT Burlemach, a naturalized Dutch merchant, was exam- ined, and admitted that he had received 30,000 from the treasury, for the raising of German horse, which he had dis- bursed accordingly. He farther admitted that 1000 horse had been levied inconsequence, and arms provided for them in Holland, but that " he heard they were lately counter- manded." Parl. Hist., vol. viii., p. 200. And see Rush- worth, vol. i., p. 612. ing, I am willing to pleasure you as well in words as in substance. Read your petition, and you shall have an answer that, I am sure, will please you."* Such was Charles's speech to the members of the House of Commons who crowded that day round their lordships' bar. The petition was read accordingly, and the usual answer was returned : Soit droit fait comme il est desire. " At the end of the king's first speech," says a memorandum on the Lords' journals, " at the answer to the petition, and on the conclusion of the whole, the Commons gave a great and joyful applause." Charles the First, after he left the House of Lords that day, stood in a different relation to the people from that he had occupied before. It is impossible to deny this fact.f The Com- mons had asserted it in cleaving so strongly to their resolutions, the king himself in striving so desperately to evade them. A certainty of direction and operation had been given to the old laws. Charles appeared, indeed, to sanc- tion the notion of a great and vital change by the first step he took. He sent a message to the Commons, desiring " that the petition of rights, with his assent thereunto, should not only be recorded in both Houses, and in the courts of Westminster, but that it be put in print, for his honour and the content and satis- faction of his people. "J The Commons, according to Rushworth, "returned to their own house with unspeaka- ble joy, and resolved so to proceed as to ex- press their thankfulness. Now frequent men- tion was made of proceeding with the bill of subsidies, of sending the bills which were ready to the Lords, and of perfecting the bill of tonnage and poundage. Sir John Strange- waies expressed his joy at the answer, and farther added, ' Let us perfect our remon- strance.' " And such was their exact mode of procedure. The largest supplies that had been voted for years were at once presented to the king. The king's commission of excise was demanded to be cancelled under the new act of right. The bill for the granting of ton- nage and poundage, which was already far ad- vanced, was passed, but a protest voted at the same time, on the ground of its inconsistency with the new act, against Charles's old course of levying this imposition without consent of Parliament.il A remonstrance was also voted * Parl. Hist., vol. viii., p. 202. Rushworth, vol. i., p. 613. t Hume observes, " It may be affirmed, without any ex- aggeration, that the king's assent to the petition of rights produced such a change in the government as was almost equivalent to a revolution ; and by circumscribing in so many articles the royal prerogative, gave additional secu- rity to the liberties of the subject." Without going so far as this, it is quite certain that it materially altered Charles's position in a moral as well as legal sense. The petition of rights (it is given at length in Hume's History, vol. v., p. 171) affirmed and confirmed expresslythe enactments of the 9 Hen. III., chap. 29 (Magna Charta), that no freeman be deprived of his liberty or his property except by judgment of his peers, or by the law of the land ; of the 28 Edw. III., chap. 33, that no man, of whatever estate or condition, should be taken, imprisoned, disseized, disherited. or put to death, without being brought to answer by due process of law ; and of the 25, 37, 38, 42 Edw. III., with the 17 Rich. II., to the same intent. But it did even more than this, by its im- bodiment of the supplementary resolutions of the Commons, which, as I have already observed, bound the judges to a strict letter of construction, and deprived them of the plea of antagonist enactments. t Parl. Hist., vol. viii., p. 203. I) Rushworth, vol. i., p. 613. II The only plea advanced by the court lawyers against SIR JOHN ELIOT. 29 and presented to the king against certain pro- ceedings of Buckingham.* These measures were not only in conformity with the petition, but were positively required to give it efficacy and completeness. No opportunity of conces- sion or concord was withheld from Charles, but no distinct right was forborne. The grand committees that were then sitting, on the va- rious heads of religion, trade, grievances, and courts of justice, were ordered to sit no long- er, t Every appearance of unnecessary oppo- sition was carefully avoided. But suddenly, in the midst of these meas- ures, the Commons were summoned by the king to the House of Lords. After a long in- terview with the speaker, Charles had hurried there to close the session. "It may seem strange," he said, when they appeared at the bar, " that I come so suddenly to end this ses- sion before I give my assent to the bills. I will tell you the cause, though I must avow that I owe the account of my actions to God alone." This was a very proper commencement to his speech ; for, after peevishly complaining of the remonstrance against Buckingham, he went on to inform them that he would have no inter- ference with his rights over tonnage and poundage ; and, farther, that they had alto- gether misunderstood the petition of rights. ' ' I have granted no new, but only confirmed the ancient liberties of my subjects." His conclu- ding words were very remarkable. "As for toa- nage and poundage, it is a thing I cannot want, and was never intended by you to ask, nor meant by me, I am sure, to grant. To conclude, I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your petition ; but especially you, my lords, the judges, for to you only, under me, belongs the interpretation of laws."t Parliament was then prorogued to the 20th of the following October. The patriot leaders separated, it may be sup- posed, with many gloomy forebodings. New miseries and oppressions were about to visit the people. Yet had this immortal session strengthened the people's hearts for endurance no less than it had sharpened their powers for resistance. The patriots had no cause to sep- arate with any distrust of each other. Eliot went immediately into Cornwall. ] am fortunately enabled to follow him there Among the manuscripts of Sir Robert Cotton I have found a letter written to that learnec antiquary some few days after his arrival. It the conduct of the Commons in this matter worthy of notice was founded on the iniquitous judgment of the Court of Ex chequer in Bates's case during the last reign. But this plea had surely been barred by the resolutions I have so often named. Supposing it to be urged that the language of the petition was not sufficiently general to comprehend dutie: charged on merchandise at the outports, as well as interim taxes and exactions an opinion which was strongly con tested by Eliot it is quite certain that the iniquitous appli cation of the statutes in Bates's case, that grossest of in stances of "judge-made law," was distinctly foreclosed Tonnage and poundage, like other subsidies, could thereafte only spring from the free grant of the people. * This remonstrance, drawn up by Selden and Eliot, i extremely able. It is impossible, after reading it, to ques- tion its necessity. See Rushworth, vol. i., p. 619. t Rushworth, vol. i., p. 613. i The reader, coupling this with Charles's previous con ultation with the judges, will readily understand its sig nificancy. s, in many points of view, interesting. It is a appy specimen of Eliot's style ; and it proves, f such proof were wanting, that this great tatesman had embraced the public cause with tie deep fervour of a private passion. How acceptable your letters are," he writes, " and with what advantage they now ome, I need not tell you ; when, besides the nemorie of my owne losses (which can have 10 reparation like the assurance of your fa- our), I but acknowledge the ignorance of hese partes, almoste as much divided from eason and intelligence as our island from the ivorld. That the session is ended we are gladd, because to our understandinges it im- lies a concurrence in the general!, and inti- mates a contynuance of the Parliament hav- ng not the notion of particulars by which we mighte compose ourselves to better judgment. The souldier, the mariner, the shipps, the seas, he horse, the foot, are to us no more than the stories of the poetts, either as thinges fabulous or unnecessarie, entertained now only for dis- course or wonder, not with the apprehension of the least feare or doubte ! Denmarke and he Sound are taken rather for wordes than meaninges ; and the greatnesse and ambition of Austria or Spain are to us a mere chimera, lochell and Dunkirk are all one. What friends we have lost or what enemies we have gained more than that encmie tchich we have bredd our- selves) is not soe much to us as the night show- r or sunneshine ! nor can we thinke of anie thinge that is not present with us. What they doe in Suffolk with their sojourners wee care not, while there are none billeted on us ; and it is indifferent to our reasons, in the contesta- tions which they have, whether the straunger or the countryman prevaile. Onlie one thing gives us some remembraunce of our neigh- bours, which is the greate resorte of Irish dai- lie comminge over, whoo, though they begg of us, wee doubte maie take from others, and in the end give us an ill recompense for our char- itie. This is a bad character, I confesse, which I give you of my country, but such as it de- serves. You onlie have power to make it ap- peare better, by the honor of your letters, which come nowhere without happinesse, and are a satisfaction for all wantes to me. Your affectionate servant, John Eliot."* Stirring events, however, soon reached Eliot in his retirement, such as must have moved even those stagnant waters, which he describes so well. The " self-bred" enemy of England was no more Buckingham had fallen by the hand of an assassin, t But the service of des- * Cottonian MSS., c. iii., p. 174. t Very interesting notices of this event, and the circum- stances which followed it, will be found in the third volume of Ellis's Original Letters, p. 256-282, second edition. The funeral of the so brilliant duke was the most melancholy winding up of all. The king had designed a very grand one ; " Nevertheless," says Mead to Stuteville, " the last night, at ten of the clock, his funeral was solemnized in as poor and confused a manner as hath been seen, marching from Wallingford House, over against Whitehall, to West- minster Abbey ; there being not much above 100 mourners, who attended upon an empty coffin, borne upon six men's shoulders ; the duke's corpse itself being there interred yes- terday, as if it had been doubtful the people in their mad- ness might have surprised it. But, to prevent all disorder, the train bands kept a guard on both sides of the way, all along from Wallingford House to Westminster Church, beating vp their drums loud, and carrying their pikes and 30 BRITISH STATESMEN. potism which the king had lost promised to b replaced by a more dangerous, because a mon able, counsellor. Wentworth had gone ove to the court.* Weston, a creature of th late duke's, had been created lord-treasurer Other changes followed. Laud was made Bish op of London, and, with Laud's elevation, Ar minianism reared its head formidably, t Ar minian prelates were the favourites of the court ; the royal favour shone exclusively on Arminian clergymen ; and Montague, obnox ious as he had proved himself by the Arminian tendency of his works, was raised to the bish opric of Chester. On this subject Eliot felt strongly. He had already, from his place in the House of Commons, denounced the ten- dency of those Arminian doctrines, whose es- sential principle he had justly described to be that of claiming for the king, as absolute head of the Church, a power resembling the pope's infallibility an independent state supremacy a power over the liberty and property of the subject. His acute perception had already de- tected in Laud that resolution towards new ceremonies in the Protestant Church which should raise her out of the apostolic simplicity to a worldly equality with the Church of Rome ; and in Laud's fervid sincerity on this point he saw the deepest source of danger. It was even now, indeed, in action, for farther news soon arrived that Charles, as supreme gov- ernor of the Church, had published an author- ized edition of the articles containing the ob- jectionable clause (" the Church hath power to decree rites and ceremonies, and hath author- ity in matters of faith"), and with an order that no doctrine should be taught that differed from those articles, that all controversies re- specting outward policy should be decided by the convocation, and that no man should pre- sume to explain the article respecting justifica- tion contrary to its plain meaning, or to take it in any other than the literal and grammatical sense.J Nor was this all. The terrors of the Star Chamber and High Commission had fol- lowed close upon Laud's new powers ; and the cases of Burton, Prynne, and Gill, their zeal and their frightful sufferings, afflicted the coun- try. The political application of these doc- trines had received, at the same time, a fatal illustration in various flagrant violations of the petition of rights. A copy of the statute itself reached Cornwall, printed by the king's order (a shameless attempt at imposture, which is scarcely to be credited !), with the addition of his first and rejected answer. Tonnage and poundage had been recklessly levied. Richard Chambers, Samuel Vassal, and John Rolles, muskets upon their shoulders, as in a march ; not trailing them at their heels, as is usual at a mourning. As soon as the coffin was entered the church, they came all away with- out giving any volley of shot at all. And this was the ob- scure catastrophe of that great man." Harl. MSS., 390. * Eliot, it may be presumed, was perfectly prepared for this event. The expression I have elsewhere used of Went- worth's having " basely abandoned" the popular cause is somewhat hasty. I think I shall be able to show that he never, in reality, was attached to it. Pym appears to have thought so, but Eliot had watched more closely. t The memoir of Pym will be a more proper occasion than this for a detailed expression of the exact state of opin- ions in religion, and the nature of their influence on polit- ical questions. + Bibliotheca Regia, 213. See Lingard's History, vol. ix., p. 400. three distinguished merchants, the last named of whom was a member of the House of Com- mons, had submitted to a seizure of their goods, rather than become parties to a violation of the public liberties, and the judges had refused them protection.* Such was the news that travelled day by day to the seat of Sir John Eliot. To crown the whole, Richelieu, laying aside his hat for a helmet, had, by his personal appearance at Rochelle, finally reduced that ill-fated place and driven back the disgraced English fleet, t But now, bad news having spent itself, the time fixed for the Parliament approached. Eli- ot left his home, to which he was never to re- turn, and hurried up to London. Parliament met, having suffered an interme- diate prorogation, on the 20th of January, 1829. The spirit with which they reassembled was evidenced by their very first movement. They revived every committee of grievance. Sir John Eliot then moved a call of the House for the 27th, when vital matters, he said, would be brought into discussion. It was farther order- ed on his motion, that " Mr. Selden should see if the petition of rights, and his majesty's an- swer thereunto, were enrolled in the Parlia- ment rolls and courts at Westminster, and in what manner." Selden having reported, al- most immediately after, the gross fraud that had been practised, Pym rose and moved an ad- journment of the debate " by reason of the few- ness of the House, many being not then come up." Sir John Eliot's conduct was character- istic. " Since this matter," he said, " is now raised, it concerns the honour of the House, and the liberties of the kingdom. It is true, it deserves to be deferred till a fuller House, but it is good to prepare things, for I find this to be a point of great consequence. I desire, there- fore, that a select committee may both enter into consideration of this, and also how other liberties of this kingdom have been invaded. I found, in the country, the petition of rights printed indeed, but with an answer that never *ave any satisfaction. I desire a committee nay consider thereof, and present it to the House, and that the printer may be sent for to >e examined about it, and to declare by what warrant it was printed." Eliot's influence with the House was paramount ; what he proposed was instantly ordered, and the disgrace of the attempted imposition indelibly fixed upon the king.* Eliot followed up this blow. The seizure of ;he goods of Mr. Rolles came into question ; some attempt was made to narrow the inquiry, and Sir Robert Philips proposed to refer the matter to a committee. Sir John rose sharply. ' Three things, sir," he said, " are involved in .his complaint : first, the right of the particular gentleman ; secondly, the right of the subject ; * The conduct of the judges in this case showed how arefully they had attended to the significant suggestions f the king. " Vassal pleaded to the information the statute e tallagio non concedendo. The Court of Exchequer over- uled his plea, and would not hear his counsel. Chambers ued out a replevin to recover possession of his goods, on le ground that a seizure for tonnage and poundage, with- ut grant of Parliament, was against law ; but the writ as superseded by the Court of Exchequer." t See History from Mackintosh, vol. v., p. 110. * See Parliamentary Hist., vol. viii., p. 245, 246. The rocoedings of this session are but imperfectly reported in .ushworth's Collections. SIR JOHN ELIOT. 31 thirdly, the right and privilege of the House. Let the committee consider the two former, but, for the violation of the liberties of this House, let us not do less than our forefathers. Was ever the information of a member com- mitted to a committee 1 Let us send for the par- ties. Is there not here a flat denial of the res- titution of the goods 1 Was it not also said that if all the Parliament were contained in him, they would do as they did 1 Let them be sent for."* The Sheriff of London, Acton, who seized the goods, was in consequence sent for, appeared at the bar on his knees, and was or- dered to the Tower. The officers of the cus- toms were, at the same time, punished.! The fiery decision of Eliot had its usual ef- fect upon the court. The king sent a message to the House to desire them to forbear all far- ther proceedings until he should have address- ed both houses next day at Whitehall as he purposed. His speech was an entreaty that they should not be jealous of him, and an en- deavour to impose upon them a self-evident ab- surdity that he took tonnage and poundage as a " gift of the people," but as a gift, forsooth, for his life, according to the custom of his pred- ecessors, which he desired them, therefore, to imbody in a bill, since they had no discretion to withhold it.J This speech was not noticed by the Commons. The 27th of January, the day fixed for the call of the House on Eliot's motion, arrived. The House was in debate on religious griev- ances. I have already alluded to the encour- agement given to Arminianism by the court, and to the justifiable alarm it had been viewed with by the popular party. Sir John Eliot's present purpose was to break the power of Laud, and to- this full house he now presented himself in all the confidence of an eloquence which worked its greatest influence on minds of the greatest order, which could sway them at will to high excitement or wrap them in deepest admiration. The reader will perceive with what a sober dignity the opening passages of this speech are conceived. " Sir," he began, taking advantage of a rest in the debate which had been caused by Mr. Coriton, " I have always observed, in the pro- ceedings of this House, our best advantage is in order ; and I was glad when that noble gen- tleman, my countryman, gave occasion to stay our proceedings, for I feared they would have carried us into a sea of confusion and disor- der. And now, having occasion to present my thoughts to you in this great and weighty bu- siness of religion, I shall be bold to give a short expression of my own affection, and in that or- der that, I hope, will conduce best to the ef- fecting of that work, and direct our labour to an end. To enter, sir, into a particular disqui- sition of the writings and opinions of divines, I fear it would involve us in a labyrinth that we shall hardly get out of, and, perchance, hin- der that way, and darken that path, in which we must tread. Before we know, however, what other men have declared, it is necessary that we should presently ourselves lay down what is truth. I presume we came not hither to dispute of religion. Far be it from the * Parl. Hist., rol. viii., p. 255. t Ibid., p. 287. t Ibid., p-. 256. Rushworth, vol. i., p. 644. thoughts of that Church that hath so long time confessed it now to dispute it. Shall posteri- ty think we have enjoyed our religion fourscore years almost, and are we now doubtful of the defence 1 God forbid. It may be, however, sir, and out of some things lately delivered I have not unnecessarily collected, that there is a jealousy conceived, as if we meant so to deal with matters of faith that did not perhaps be- long unto us, as to dispute of matters of faith. It is our profession. They are not to be dis- puted. Neither will that truth be receded from, this long time held. Nor is that truth decayed. It is confirmed by Parliament, because it was truth. And this, sir, before I come to deliver myself more particularly, give me leave, that have not yet spoken in this great cause, to give some apprehension I have of fear, for it is not in the Parliament to make a new religion, nei- ther, I hope, shall it be in any to alter the body of that truth which we now profess." Eliot now alluded to the declaration which I have already described as published in the king's name, but which had issued from the hand of Laud. " I must confess, sir, among all those fears we have contracted, there ariseth to me not one of the least dangers in the declaration, which is made and published in his majesty's name ; and yet, sir, this conclusion exclusive- ly let me state, that I may not be mistaken whatever in this, or other things shall appear to make mention of his majesty, we have not the least suspicion of jealousy of him. I hope it is by those ministers about him which not only he, but all princes, are subject to." The speaker then adduced various precedents which covertly aimed at Laud. " As it was in that," he continued, " so it may be in this. I speak to this end to draw it to this conclusion, that if there be anything that carrieth the title of his majesty, it may be the fault of his minis- ters. Far be it from me to have suspicion of him. And now to that particular, in that dec- laration, wherein, I confess, with me, is an ap- prehension of more fear than I have of all the rest, for in the last particulars we heard what is said of popery and Arminianism. It is true our faith and religion have before been in dan- ger ; but it was by degrees. Here, sir, like an inundation, it doth break in at once. We are in danger at once to be ruined and overwhelm- ed ; for, I beseech you mark, the ground of our religion is contained in these articles. If there be any difference of opinions concerning the sense and interpretation of them, the bish- ops and clergy in convocation have a power ad- mitted to them here to do anything which shall concern the continuance and maintenance of the truth professed ; which truth being con- tained in these articles, and these articles be- ing different in the sense, if there be any dis- pute about that, it will be in them to order which way they please ; and, for aught I know, pope- ry and Arminianism may be a sense introduced by them, and then it must be received. Is this a slight thing, that the power of religion, must be drawn to the persons of those menl I honour their profession and honour their per- sons ; but, give me leave to say, the truth we profess is not men's, but God's ; and God for- bid that men should be made to judge of that truth!" BRITISH STATESMEN. This passage wrought upon the House ; and Eliot, throwing out a sarcasm with his usual skill and effect, thus continued : " I remember a character I have seen in a diary of Edward VI., that young prince of famous memory, wherein he doth express the condition of the bishops and clergy in his time, and saith, under his own handwriting, ' that some for sloth, some for ignorance, some for luxury, and some for popery, are unfit for discipline and govern- ment.' Sir, I hope it is not so with us ! nay, give me leave to vindicate the honour of those men that openly show their hearts to the truth. There are among our bishops such as are fit to be made examples to all ages, who shine in virtue like those two faithful witnesses in heav- en, of whom we may use that eulogy which Seneca did of Caius, that to their memories and merits, ' Nee hoc quidem obstet quod nos- tris temporibus nati sint ;' and to whose mem- ory and merit I may use the saying, that the others' faults are no prejudice to their virtues ; who are so industrious in their works, that I hope posterity shall know there are men that are firm for the truth. But, sir, that all now are not so free, sound, and orthodox in religion as they should be, witness the men complained of and you know what power they have. Witness those men nominated lately Mr. Montague, for instance. I reverence the or- der ; I honour not the man. Others may be named as bad. I apprehend such fear that, should it be in their power, we may be in dan- ger to have our whole religion overthrown. " But," Eliot exclaimed, as he saw the ex- citement rising in the House, " I give this for testimony, and thus far do express myself against all the power and opposition of these men ! Whensoever any opposition shall be, I trust we shall maintain the religion we profess, for in that we have been born and bred nay, sir, if cause be, in that I hope to die ! Some of these, sir, you know, are masters of ceremo- nies, and they labour to introduce new ceremo- nies in the church. Some ceremonies are use- ful ! Give me leave to join in one that I hold necessary and commendable, that at the repe- tition of the creed we should stand up to testi- fy the resolution of our hearts, that we would defend that religion we profess. In some churches it is added, that they did not only stand upright with their bodies, but with their swords drawn! and if cause were, I hope, to defend our prince, country, and religion, we should draw our swords against all opposers !"* This speech, it has been remarked, was a light that fell into a well-laid train. Its result was a " vow," made on the journals, that " the Commons of England claimed, professed, and avowed for truth that sense of the articles of religion which were established in Parliament in the 13th year of Queen Elizabeth, which, by the public acts of the Church of England, and by the general and current exposition of the writers of that Church, had been declared unto them ; and that they rejected the sense of the Jesuits, Arminians, and of all others, wherein they differed from it."t Eliot did not fail to * Parl. Hist., vol. viii., p. 268. t Rush-worth, vol. i., p. 649; Journals, Jan. 29. The 13th of Elizabeth was selected, because the Legislature had then ordered the clergy to subscribe the articles, and to read them in the churches, yet neither the English nor the follow up this advantage. Some days after- ward he fastened upon Laud by name. " In this Laud," he exclaimed, " is contracted all the danger that we fear ! and I doubt not but that his majesty, being informed thereof, will leave him to the justice of this House."* His majesty, meanwhile, was sending message af- ter message to hasten the tonnage and pound- age bill, every one of which, with admirable skill, was foiled by Eliot and his friends, t In. vain the king continued his messages. Those were commands, they replied, and commands were inconsistent with their privileges. " The heart-blood of the commonwealth," added Eli- ot, " receiveth life from the privileges of this House."J The question of religion surrendered to a sub-committee the popular leaders had enga- ged themselves in a conclusion of the inquiry into the seizure of merchants' goods, with a view to the prevention of such future wrongs, by the infliction of some stringent punishment on the delinquents concerned in the present. The chancellor of the duchy threatened the displeasure of the king, and a close to the Par- liament. Eliot, cutting short his threat, quiet- ly observed, " The question, sir, is, whether we shall first go to the restitution, or to the point of delinquency. Some now raise up dif- ficulties in opposition to the point of delin- quency, and talk of breach of parliaments. And other fears I met with, both in this and elsewhere. Take heed you fall not on a rock. I am confident to avoid this would be some- what difficult, were it not for the goodness and justice of the king. But let us do that which is just, and his goodness will be so clear that we need not mistrust. Let those terrors that are threatened us light on them that make them. Why should we fear the justice of a king when we do that which is just 1 Let there be no more memory or fear of breaches ; and let us now go to the delinquency of those men. That is the only way to procure satisfaction."^ Upon this the king sent word that he was the delinquent, for that what the accused did " was by his own direct orders and command."il This brought matters to a crisis, and the House ad- journed itself for two days. On the 25th of February, when they reas- sembled, the committee of religion had con- cluded its report, and a long list of formidable charges, levelled against Laud, was agreed to be presented to the king. The question of the king's offence against the privileges of the House, in the seizure he had avowed, was thus judiciously avoided, yet an opportunity given to Charles, by some redemption of the recently violated liberties, of receiving from the patriot leaders, without betrayal of their trust, a pow- er of raising new subsidies. The king showed his appreciation of this conduct by sending an instant command to both Houses to adjourn to Monday, the 2d of March. f Latin edition of that year contained the clause respecting the authority of the ministers of the church. * Parl. Hist., vol. viii., p. 284. t Evidences of this will be found throughout the debates. On one occasion, poor old Secretary Cooke fell under a sharp rebuke from Eliot, and narrowly escaped a heavier censure. Parl. Hist., vol. viii., p. 278. t Parl. Hist., vol. viii., p. 311. (} Ibid., vol. viii., p. 317. || Ibid., vol. viii., p. 31&. T Ibid., vol. viii., p. 326. Rushworth, vol. i., p. 660. SIR JOHN ELIOT. 33 Eliot now saw what was intended, and pre pared for it with a fearless composure. H drew up a remonstrance concerning tonnag and poundage. In this able document, nothin L that is essential to a just opinion of the con duct of the Commons respecting the bill tha had been proposed is omitted. The delay i shown to have been necessary, and the purpo ses of the leaders of the House are nobly vindi cated. It concludes with a solemn statement that " the Commons had so framed a grant of subsidy of tonnage and poundage to your maj esty, that you might have been the better en abled for the defence of your realm, and you subjects, by being secured from all undue char ges, be the more encouraged cheerfully to pro ceed in their course of trade ; but, not being now 'able to accomplish this their desire, there is no course left unto them, without manifes breach of their duty both to your majesty am their country, save only to make this humble declaration, that the receiving of tonnage anc poundage, and other impositions not grantee by Parliament, is a breach of the fundamenta liberties of this kingdom, and of your majesty's royal answer to the petition of rights."* Eljot at the same time, drew up three articles of protestation, which ran thus : " 1. Whoever shall bring in innovation in religion, or by fa- vour seek to extend or introduce popery or Arminianism, or other opinions disagreeing from the true and orthodox Church, shall be reputed a capital enemy to this kingdom and commonwealth. 2. Whosoever shall counsel or advise the taking and levying of the subsi- dies of tonnage and poundage, not being grant- ed by Parliament, or shall be an actor or in- strument therein, shall be likewise reputed an innovator in the government, and a capital en- emy to this kingdom and commonwealth. 3. If any merchant, or other person whatsoever, shall voluntarily yield or pay the said subsidies of tonnage and poundage, not being granted by Parliament, he shall likewise be reputed a be- trayer of the liberty of England, and an enemy to the same."t With these documents Sir John Eliot entered the House of Commons on the morning of the 2d of March, 1629, for the last time. He waited only till prayers had been said, and then arose. For the last time, on that fatal day, this great statesman struck, with daring eloquence, at a profligate courtier and a dis- honest churchman. "Buckingham is dead," he said, " but he lives in the Bishop of Winches- ter and my Lord-treasurer Weston !" (Wes- ton, it was understood, had been a party to the disastrous advice by which Eliot had anticipa- ted too surely they were now about to be dis- solved.) " In the person of the lord treasurer," the orator continued, amid the interruptions of some and the enthusiastic cheering of others, " in his person all evil is contracted, for the in- novation of religion, and for the invasion of our liberties. He is the great enemy of the com- monwealth. I have traced him in all his ac- tions, and I find him building on those grounds laid by his master, the great duke. He se- cretly is moving for this interruption. From * Parl. Hist., vol. viii., p. 327 ; and see the information afterward exhibited in the Star Chamber. Rushworth, ol. i., p. 665, 666. t Rushworth, vol. i., p. 660 and 666. fear, these men go about to break parliaments, lest parliaments should break them." Eliot concluded, as if by a forecast of the future, with these memorable words : " I protest, as I am a gentleman, if my fortune be ever again to meet in this honourable assembly, where I now leave, I will begin again .'"* Advancing to the speaker, Sir John Eliot then produced his re- monstrance, and desired that he would read it. The speaker refused. He presented it to the clerk at the table. The clerk also refused. With fearless determination Eliot now read the remonstrance himself, and demanded of the speaker, as a right, that he should put it to the vote. Again the speaker refused. " He was commanded otherwise by the king." A severe reprimand followed from Selden, and the speaker rose to quit the chair. Denzil Hollis and Valentine dragged him back. Sir Thomas Edmonds, and other privy councillors, made an attempt to rescue him, but " with a strong hand'' he was held down in the chair, and Hollis swore he should sit still till it pleas- ed them to rise. The House was now in open and violent disorder. The speaker weepingly implored them to let him go ; and Sir Peter Hay man in reply renounced him for his kins- man as the disgrace of his country, the blot of a noble family, and a man whom posterity would remember with scorn and disdain. Every moment increased the disorder, till at last it threatened the most serious consequences. Some members involuntarily placed their hands upon their swords. Above the throng was again heard the voice of the steady and un- daunted Eliot. " I shall then express by my ;ongue what that paper should have done !" ie flung it down upon the floor, and placed the protestations I have described into the hands of Hollis. " It shall be declared by us," he ex- claimed, " that all that we suffer is the effect of new counsels, to the ruin of the government of he state. Let us make a protestation against hose men, whether greater or subordinate, hat may hereafter persuade the king to take onnage and poundage without grant of Parlia- nent. We declare them capital enemies to the ting and the kingdom ! If any merchants shall willingly pay those duties, without consent of Parliament, they are declared accessories to he rest !" Hollis instantly read Eliot's paper, iut it to the House in the character of speaker, and was answered by tremendous acclama- ions. During this, the king had sent the ser- geant to bring away the mace, but he could not obtain admission ; and the usher of the black od had followed, with the same ill success, n an extremity of rage, Charles then sent for he captain of his guard to force an entrance. Jut a later and yet more disastrous day was eserved for that outrage ; for, meanwhile, El- ot's resolutions having been passed, the doors were thrown open, and the members rushed )ut in a body, carrying a king's officer that ivas standing at the entrance " away before hem in the crowd. "t Such was the scene of * Parl. Hist., vol. vtii., p. 326. t I state this on the authority of a MS. letter in the Sloane ollection (4178). The writeradds, " It is said that a Welsh age, hearing a great noise in the House, cried out, ' I pray ou let hur iii : let hur in ! to give hur master his sword, or they are all a fighting.' " Letter to Paul ITEwes, datet larch 5, 1628. BRITISH STATESMEN. Monday, the 3d of March, 1629, "the most I gloomy, sad, and dismal day for England that ' had happened for 500 years."* The king instantly went down to the House of Lords, called the leaders of the Commons " vipers" who should have their rewards, and dissolved the Parliament.! Two days afterward, Sir John Eliot received a summons to appear before the council table. This memorable scene closed his public life, and closed it worthily. He was asked "wheth- er he had not spoken such and such words in the Lower House of Parliament, and showed unto the said House such and such a paper 1" Keenly and resolvedly he answered, " that whatsoever was said or done by him in that place, and at that time, was performed by him as a public man and a member of that House ; and that he was,, and alway^s will be, ready to give an account of his sayings and doings in that place, whensoever he should be called unto it by that House, where, as he taketh it, it is only to be questioned ; and, in the mean time, being now but a private man, he would not trouble himself to remember what he had ei- ther spoken or done in that place as a public man." He was instantly committed ; his study was entered by the king's warrant, and his pa- pers seized, t Much time elapsed before his case was final- ly adjudged. I will present, however, in as few words as possible, the course of the pro- ceedings that were taken. I am able to illus- trate it by the help of letters of the time. Eliot sued for his habeas corpus. An an- swer was returned in the shape of a general warrant, under the king's sign manual. The insufficiency of this return was so clearly shown by Eliot's counsel in the course of the argu- ment, that the judges, " timid and servile, yet desirous to keep some measures with their own consciences, or looking forward to the wrath of future parliaments," wrote what Whitelocke calls a " humble and stout letter"^ to the king, stating that they were bound to * MS. diary of Sir Symonds D'Ewes. For the various accounts of this remarkable scene, from which I have drawn the above description, see Rushworth, voL i., p. 660; Parl. Hist., vol. viii., p. 326-333. See, also, the information lodg- ed against Eliot in the Star Chamber (Rushworth, i., p. 665), and the proceedings on the subsequent information in the King's Bench ; State Trials, vol. iii., or Rushworth, vol. i., p. 679-691. The examinations before the council table (Parl. Hist., vol. viii., .p. 355) will be found highly in- teresting. Sir Miles Hobart said, " He would not stick to confess that it was he that shut the door that day ; and when he had locked the door, put the key in his pocket [and he did it because the House demanded it]." Denzil Hollis, finding " his majesty was now offended with him, humbly desired that he might rather be the subject of his mercy than of his power." To which the lord treasurer answer- ed, " You mean rather of his majesty's mercy than of his justice. " Mr. Hollis replied, " I say of his majesty's power, my lord." t Parl. Hist., vol. viii., p. 533; and see Whitelocke's Memorials, p. 13. " I must needs say," observed the king, " that they do mistake me wonderfully that think I lay the fault equally upon all the Lower House ; for, as I know there are many as dutiful and loyal subjects as any are in the world, so I know that it was only some vipers among- them that had cast this mist of difference before their eyes." J Rushworth, vol. i., p. 661. The same was done with the studies of Selden and Hollis. $ Whitelocke's Memorials, p. 14. The conduct of the udges was execrable ; and notwithstanding the efforts of tVhitelocke to exculpate his father, Judge Whitelocke (in tvhich he succeeded with the Long Parliament), it is impos- lible to discern a material difference between him and the bail Eliot, but requesting that he would send his directions to do so. This letter was not at- tended to ; the judges in consequence deferred the time for judgment, and Eliot was continued in custody. When the day at last arrived that judgment could no longer be deferred, the body of Eliot was not forthcoming. In vain his counsel called for judgment ; the judges, in the absence of the prisoner, declined. Eliot had been removed by the king's warrant, the evening before the meeting of the court, from the custody of the keeper to whom his writ had been addressed ! Some days after, how- ever, Charles consented that he should be brought up for admission to bail, on condition that he presented a petition declaring he was sorry he had offended. The condition was spurned at once. The offer was repeated by the judges, but Eliot " would do nothing, but resolutely move for his habeas corpus. Where- at one of the judges said, ' Comes he to outface the court ?' " and the severity of his imprison- ment was ordered to be increased.* Some months passed away, and the question still re- mained unsettled. Charles then offered Eliot his privilege of bail if he would give sureties for good behaviour. Eliot at once declared in answer that he would never admit the possi- bility of offending the law by liberty of speech in Parliament. The judges are described upon this to have suggested to him the possibility of his remaining in prison even seven years long- er.t He answered that he was quite prepared ; his body would serve to fill up the breach that was made in the public liberties as well as any other. The king now showed himself equally resolute ; and, refusing an enormous sum that had been offered for his bail,t ordered the at- torney-general to drop the proceedings in the Star Chambet, and to exhibit an information against him in the King's Bench for words spo- ken in Parliament. As member of a superior court at the period of the alleged offence, he pleaded to the jurisdiction, and thus brought in issue the great question of the privilege of the House of Commons the question, in point of fact, upon which the character of " the English Constitution" altogether depended. The battle was fought bravely by his counsel, but vainly. The court held that they had jurisdiction ; Eliot refused to put in any other plea ; and judg- ment was finally given that he " should be im- prisoned during the king's pleasure, should not be released without giving surety for good be- haviour and making submission, and, as the greatest offender and ringleader in Parliament, should be find in 2000."$ This iniquitous judgment found Eliot cheer- fully prepared. He immediately sent to the * Sloane MSS., 4178. Various striking accounts of the proceedings, as they affected all the prisoners, will be found in this volume one of those transcribed by Dr. Birch es- pecially under dates June 10, June 25, June 28, and October 15, 1629. See, also, p. 92 of the same volume. t Letter, dated 15th of October. J It is said by Mr. D'Israeli, on a private authority, that 10,000 had been offered. This was vast indeed. Mr. D'Israeli doubts, however (Commentaries, vol. ii., p. 281), whether any bail could be tendered, since Eliot was con- demned to be imprisoned at the king's pleasure. Mr. D'Israeli forgets that the bail was tendered during the pro- ceedings, and not at their close. i> The arguments will be found in the State Trials, vol. iii. : and in Rushworth, vol. i., p. 679-691. The judgment was reversed by the Long Parliament. SIR JOHN ELIOT. 35 lieutenant of the Tower " to provide him a convenient lodging, that he might send his up- holsterer to trim it up." On being told of the fine, he smiled, and said, "that he had two cloaks, two suits, two pairs of boots and galash- es, and if they could pick 2000 out of that, much good might it do them." (I have already mentioned the course he had taken to provide for the worldly welfare of his sons. His ex- tensive estates were at present held by rela- tives in trust for their use.*) "When I was first committed close prisoner to the Tower," he added, " a commission was directed to the high sheriff of Cornwall, and five other com- missioners, my capital enemies, to inquire into my lands and goods, and to seize upon them for the king ; but they returned a nihil."t I could multiply the evidences of his easy, and even gay, humour at this moment. He is de- scribed, for instance, to have " laughed heartily" at receiving a message from the judges com- plaining of the " misbehaviour of his page and servant, who, with others, had been tossing dogs and cats in a blanket, in the open street of Southwark, near the King's Bench prison, saying, 'We are judges of these creatures, and why should not we take our pleasure upon them as well as other judges upon our mas- ter 1' " After some short delays, he was con- ducted to the Tower, where he had twice be- fore undergone imprisonment, and from which he never stirred again. A man named Dud- son, the under-marshal of the King's Bench, who guarded him there, appears to have con- sidered his person the peculiar property of a dungeon. "Mr. Lieutenant," he said, on de- livering Eliot, " I have brought you this wor- thy knight, whom I borrowed of you some few months ago, and now do repay him again.":): A " convenient lodging" had not been pre- pared. The only accommodation that could be had was " a darke and smoaky room." But he was not denied the use of books, and writing materials were, upon his earnest solicitation, granted to him. Some of the letters written at this period from his dungeon have, fortunate- ly, been preserved. $ A great philosophical * Boscawen was one of the trustees. A letter to him, written by Eliot during his imprisonment, is preserved among the Eliot MSS. (fol. 56), and sets this beyond a doubt. " Having a great confidence in your worth, as I find you to have been selected by my father-in-law, I have pre- sumed also for myself to name you in a trust for the man- agement of that poor fortune which, through the disturb- ances of these times, I may not call mv own. Your trouble will only be for the sealing of some leases, now and then, upon compositions of my tenants ; for which, as there is oc- casion, I have appointed this bearer, my servant, Maurice Hill, to attend you, to whom your despatch in that behalf shall be a full satisfaction of the trust." Sir John continu- ed, nevertheless, as this extract intimates, to manage his pecuniary affairs himself as long as he was able, and in the early part of his imprisonment he arranged with his own hand many of his tenants' leases. He was liberal in acts of kindness, and strict in matters of justice. He grants his eldest son 200 a year for the expenses of travelling abroad, a very large allowance ; and writes back his opinion on a request from one of his tenants to have a wall rebuilt, to which he (Sir John) was not liable, "There would be more charity than wisdom in this." Maurice Hill was an inval- uable servant to Sir John in these extremities, and deserv- ed the kindness with which the latter often subscribes him- self " your loving master." Mr. D'Israeli has given these interesting circumstances from Lord Eliot's admirable com- munication. See Commentaries, vol . iv., p. 507, et seq. t I have derived the above from a letter in the Sloane collection. Mead to Stuteville, dated Feb. 27, 1629-30. t Mead to Stuteville, March 13, 1629-30. $ Among the Eliot family papers. work, on which he employed himself, has also come down to us.* They present Sir John Eliot, in this last scene of all, not simply un- shrinking in fortitude, true to himself, magnan- imous, and patient. All this he was ; but some- thing yet greater than this. It would seem certain that, soon after his imprisonment, a secret feeling possessed him that his active life had closed. He did not acknowledge it to himself distinctly, but it is not the less appa- rent. Daily, under his confinement, his body was sinking. Daily, as his body sank, his soul asserted independent objects and uses. " Not alone," says the poet, whose genius has just risen among us,t " Not alone when life flows still do truth And power emerge, but also when strange chance Affects its current ; in unused conjuncture Where sickness breaks the body hunger, watching, Excess, or langour oftenest death's approach Peril, deep joy, or wo." And now, as death approached Eliot for, from the first month of his present imprisonment, it approached with the steadiest and surest step a new world revealed itself, to be res- cued and regenerated by his virtue ; a new tyranny to conquer, which needed not the phys- ical aid that had deserted him in his struggle with the old ; a new government to establish which was within the control and accomplish- ment of all "the monarchy of man." He resolved to occupy the hours of his imprison- ment with a work that should have for its ob- ject the establishment of the independence of man's mind ; of its power over the passions and weaknesses of humanity, of its means of wresting these to the purposes of its own gov- ernment the illustration of the greatest good that could be achieved on earth, man's monar- chy over himself, a perfect and steady self-con- trol. Such a plan, while it embraced the lofty thoughts that now sought freedom from his over-informed and sinking body, would enable him also to vindicate the course he had pur- sued in his day of strength and vigour, and, in leaving to his countrymen, finally, an unyielded purpose, an unquailing endurance, a still un- mitigated hatred of oppression, would teacli them, at the same time, that these great quali- ties had victories of their own to achieve, in which no worldly power could foil them ; and that, supposing the public- struggles of the time attended with disastrous issue, it was not for man, with his inherent independence, to admit the possibility of despair. If greater virtue, and beauty, and general perfectness of charac- ter have, at any time, in any age or country been illustrated, I have yet to learn when and by whom. These thoughts and purposes of Eliot soon broke upon his friends. Hampden was watch- ing his imprisonment with the most anxious solicitude. It is one proof of the virtuous character of this great man having already dawned, that Eliot had intrusted to him the care of his two sons. Soon after the com- mencement of his imprisonment, Hampden, who discharged this duty with affectionate * It may be seen in the Harleian collection, No. 2228. t The author of Paracelsus, Mr. Robert Browning. There would be little danger in predicting that this writer will soon be acknowledged as a first-rate poet. He has already proved himself one. BRITISH STATESMEN. zeal, received from Eliot a long letter of ad- vice and counsel for them, which sufficiently indicated the studies that already engaged him- self. The opening of it shows the last linger- ing of the struggle which was soon to settle to a perfect composure.* "Sonns," he begins, " if my desires had been valuable for one hour, I had long since written to you ; which, in lit- tle, does deliver a large character of my for- tune, that in nothing has allowed me to be master of myself. I have formerly been pre- vented by employment, which was so tyranni- cal on my time, as all minutes were anticipa- ted ; now my leisure contradicts me, and is soe violent on the contrary, soe great an enemy to all action, as it makes itself unuseful ; both leisure and business have opposed me either in time or libertie, that I have had no means of expression but my praiers, in which I have never failed to make God the witness of my love, whose blessings I doubt not will deduce it in some evidence to you. And now having gotten a little opportunity (though by stealth), I cannot but give it some testimony from my- self, and let you see my dearest expectation in your good." He goes on to say with what de- light he will always hear " of the progress of your learning, of your aptness and diligence in that, of your careful attendance in all exercises of religion, and the instruction and improve- ments of your minds, which are foundations of a future building." Some of the philosophy of his own life he then presents to them. " It is a fine history, well studied the observation of ourselves." He describes to them the many evils he has endured, the continuity of his suf- ferings, " of which there is yet no end. Should those evils," he continues, " be complained 1 Should I make lamentation of these crosses 1 Should I conceave the worse of my condition in the study of myself that my adversities op- pose me 1 Noe ! I may not (and yet I will not be so stoical as not to think them evils, I will not do that prejudice to virtue by detrac- tion of her adversaries). They are evils, for I doe confess them, but of that nature and soe followed, soe neighbouring upon good, as they are noe cause of sorrow, but of joy ; seeing whose enemies they make us enemies of for- tune, enemies of the world, enemies of their children ; and knowing for whom we suffer for him that is their enemy, for him that can command them whose agents only and instru- ments they are to work his trials on us, which may render us more perfect and acceptable to himself. Should these enforce a sorrow, which are the true touches of his favour, and riot af- fect us rather with the higher apprehension of our happiness 1 Among my many obligations to my Creator, which prove the infinity of his mercies, that like a full stream have been always flowing on me, there is none concerning this life, wherein I have found more pleasure or advantage, than in these trialls and afflictions (and I may not limitt it soe narrowly within the confines of this life, which I hope shall ex- tend much farther) the operations they have had, the new effects they worke, the discover- ies they make upon ourselves, upon others, upon all." Nobly and beautifully he subjoins, "This happiness in all my trials has never parted from me. How great, then, is his favour by whose means I have enjoyed it ! The days have all seemed pleasant, nor nights have ever been tedious, nor fears nor terrors have pos- sest me, but a constant peace and tranquillity of mind, whose agitation has been chiefly in thanks and acknowledgments to him by whose grace I have subsisted, and shall yet, I hope, participate of his blessings upon you. I have the more enlarged myself in this, that you might have a right view of the condition which I suffer, least from a bye relation, as through a perspective not truly representing, some false sence might be contracted. Neither could I thinke that altogether unusefull for your knowl- edge which may afford you both precept and example. Consider it, weigh it duly, and when, you find a signe or indication of some error, make it an instruction how to avoid the like ; if there appears but the resemblance of some virtue, suppose it better, and make it a presi- dent for yourselves ; when you meet the prints and footsteps of the Almightie, magnify the goodness of his providence and miracles that makes such low descents ; consider that there is a nature turns all sweetness into venom, when from the bitterest hearbs the bee extracts a honie. Industry and the habit of the soule give the effect and operation upon all things, and that to one seems barren and unpleasant to another is made fruitfull and delightsome. Even in this, by your application and endeav- our, I am confident may be found both pleasure and advantage. This comes only as a testi- mony of my love (and soe you must accept it, the time yielding noe other waie of demonstra- tion), and by this expression know that I daily praie for your happiness and felicity as the chief subject of my wishes, and shall make my continual supplication to the Lord, that from the riches of his mercie he will give you such influence of his graces as your blessing and prosperitie may satisfy, and enlarge the hopes and comforts of your most affectionate father." This is the nature which turns venom into sweetness. Hampden hastens to assure him that the present conduct of his sons is all he could desire. " If ever you live," he writes, "to see a fruite answerable to the promise of the present blossoms, it will be a blessing of that weight as will turn the scale against all worldly afflictions, and denominate your life happy." His affection had spoken with too generous a haste. The elder son, John Eliot, who had been sent, by his father's desire, to Oxford, fell into many irregularities, and great- ly offended the superiors of his college.* This was afterward only slightly intimated to his father, but it cost him much pain. The young- er boy, Richard Eliot, remained at Hampden's seat, and pursued his studies under Hampden's care. He appears to have interested his illus- trious tutor extremely. Delicately, however Hampden is obliged to intimate to his friend, at last, that even Richard is somewhat remiss in his studies. Eliot immediately writes to the boy. He begins by a slight reproach for his not hav- * All the extracts from tetters that follow, unless other- wise specified, are from the Eliot family papers, already re- ferred to. * This youth afterward, as I have already noticed, "raa off" with a ward in chancery. He hecame, ultimately, a hanger-on in the court of Charles II. Evelyn mentions him. SIR JOHN ELIOT. 37 ing written to his father. " I had no little doubt, after so long a silence, where you were, or whether you were or no." He desires him to forego the temptations of his young acquaint- ance ; to forego, indeed, all society for the present, " that esca malorum, as Cicero calls it," and to retire wholly to himself. " Virtue," he continues, " is more rigid than to be taken with delights ; these vanities she leaves, for these she scorns herself; her paths are arduous and rough, but excellent, and pleasant to those who once have past them. Honour is a concomi- tant they have to entertain them in their jour- ney, nay, it becomes their servant, and, what is attended by all others, those who travel in that way have it to wait on them. And this effort of virtue has not, as in the vulgar accep- tation, its dwelling on a hill ; it crowds not in the multitude, but extra conspectum, as Seneca says, beyond the common prospect." He illus- trates this farther by some quotations from his favourite Tacitus. That there was no pedan- try in this habit is proved by such familiar re- sort to it in an affectionate advice to his boy. At this time, indeed, as I shall presently show, he was living in the world of the illustrious thinkers of old, and had entitled himself to it as his own. He concludes his letter with the fol- lowing eloquent and earnest remonstrance : " How comes it that your tutor should com- plain you are careless and remiss 1 It can- not be, when there is true affection, there should be indiligence and neglect ; when studie is declined the desires are alienated from the virtue ; for no ends are attained without the means, and the neglect of that shows a diver- sion from the other. If it be since my last, T must resume my fears that, though your own judgment did not guide you, my cautions should be lost. If it should be hereafter, when that advice, those reasons, and the commands and authority of a father (a father most indulgent to the happiness of his child), which I now give you to redeem the time is spent, to redeem the studies you have missed, and to redeem yourself who are ingaged to danger, or that hazard and adventure if these make no im- pressions,, and these must be read in the char- acters of your course, if they work not an al- teration ; if they cause not a new diligency and intention, an intention of yourself, and inten- tion of the object, virtue ; an intention of the means, your study, and an exact intention of the time to improve it to that end ; I shall then receive that wound, which I thank God no en- emy could give me, sorrow and affliction of the mind, and that from him from whom I hoped the contrary. But I still hope, and the more confidently for the promise which your letters have assured me. Let it be bettered in per- formance by your future care and diligence, which shall be accompanied with the prayers and blessings of your most loving father." Ultimately, Eliot, having been much entreat- ed to it by his son John, consents that he shall go abroad, and writes to Hampden mentioning this, adding his desire that, before the youth's departure, he should endeavour to obtain his " license," or degree, at Oxford. He forwards, at the same time, a letter of advice and instruc- tion respecting a course and object in travel. He is particular in his directions as to the places to be visited, in what order, and with what pur- pose. He shows, in this, a lively knowledge of the state of politics on the Continent. " Be careful," he urges in conclusion, " in your re- ligion, make your devotions frequent, seeke the blessing from above, drawe your imitation to goode patternes, lett not vaine pedantries de- ceive you, prepare your estimation by your vir- tue, which your own carriage and example must acquire, wherein you have assistants in the most earnest prayers and wishes of your loving father." In the same communication to Hampden, Eliot sends an expression of his views respecting his younger son, Richard. He considers that the best mode of employing with a good purpose his quick and vivacious humour will be to send him to the Netherlands, to learn the art of war, in the company of Sir Horace Vere. A passage from Hampden's reply on these points, which is charmingly written, will properly close this subject. " I ame so per- fectly acquainted," he says, "with y cleare insight into the dispositions of men, and abili- ty to fitt them with courses suitable, that had you bestowed sonnes of mine as you have done y r owne, my judgmt durst hardly have called it into question, especially when in laying downe y r desigtie you have prevented the objections to be made ag* it : for if Mr. Richard Eliot will, in the intermissions of action, adde study to practice, and adorne that lively spiritt with flowers of contemplation, he'll raise our expec- tations of another Sir Edward [Horace] Vere, that had this character, all summer jn the field, all winter in his study, in whose fall fame makes this kingdome a great loser : and having taken this resolution from counsaile with the Highest Wisdom (as I doubt not but you have), I hope and pray the same Power will crown it with a blessing answerable to your wish." It is a great privilege to be thus admitted to the private thoughts and conduct of such men as Eliot and Hampden. The secret of their public exertions is here expressed. It is by the strenth and right direction of the private affec- tions that we are taught the duty of serving mankind. The more intense the faculty of en- joyment and comfort in the narrow circle of family regards, the more readily is its indul- gence sacrificed in behalf of the greater family of man. The severity of Eliot in the House of Commons is explained by the tender sweetness of these letters from the Tower. Without a hope of release, Eliot's impris- onment continued. The whole county of Cornwall, I learn from a manuscript letter, pe- titioned the king for his freedom,* -but no an- swer was deigned. Sustained by the genius of Wentworth, Charles's tyranny was now open and undisguised ; and, in a royal procla- mation, he had forbidden even the name of Par- liament to pass the lips of his people. t Eliot * Mead to Stuteville, Sept. 26, 1629. MS. letter. Nor was Eliot without the sympathy of men of learning, cor- respondents of Sir Robert Cotton, in London, at the univer- sities, and on the Continent. " I should gladly heare some cheerful news of Sir John Eliot," writes the learned Richard James. " Will the tide never turn? Then God send us heaven at our last end !'' Nor is it to be supposed that any possible exertion was wanting on the part of his friends. Sir Bevill Grenville, in a letter to his wife, " his best friend, the Lady Grace Grenville," speaks of Eliot as ' being re- solved to have him out of his imprisonment." (Nugenfs Memorials.) Every exertion failed. t Rushworth, vol. ii., p. 3. lu this extraordinary docu- 38 BRITISH STATESMEN. was not even suffered to remain quietly in his wretched lodging. He was removed from place to place, each one as " darke and smoakey" as the first. " The lodging which I had upon my first remove before Christmas," he writes to Sir Oliver Luke, " being again altered, I may saie of my lodgings in the Tower as Jacob for his wages, 'Now, then, ten times have they chaunged it ;' but, I thank God, not once has it caused an alteration of my mind so infinite is that mercie which has hitherto protected mee, and I doubt not but I shall find it with mee." He concludes by referring to some " light papers" which seem to have engaged him in the intervals of his greater work. " When you have wearied your good thoughts with those light papers that I sent you, return them with the corrections of your judgment. I may one day send you others of more worth, if it please God to continue me this leisure and my health ; but the best can be but broken and in patches, from him that dares not hazard to gather them. Such thinges, from me, falling like the leaves in autumn soe variously and uncertainly, that they hardly meet again ; but with you I am confident what else my weak- ness shall present will have a faire acceptance." This allusion to his health was ominous. Sick- ness had already begun to threaten him. Some days after this, he writes to his kins- man Knightly (whose son afterward married one of Hampden's daughters) a description of what he conceives to have been the commence- ment of his disorder, the colds of his prison. " For the present I am wholly at a stand, and have been soe for this fortnight by a sicknesse which it hath pleased my Master to impose, in whose hands remain the issues of life and death. It comes originally from my colds, with which the cough having been long upon me causes such ill effects to follow it, that the symptoms are more dangerous than the grief; it has weakened much both the appetite and concoction, and the outward strength ; by that some doubt there is of a consumption, but we endeavour to prevent it by application of the means, and, as the great physition, seek the blessing from the Lord." Good humour and easy quiet, however, did not desert him, though his disease steadily advanced. A week after the date of the foregoing, he writes to Hamp- den : " Lately my business hath been much with doctors, so that, but by them,, I have had little trouble with myself. These three weeks I have had a full leisure to do nothing, and strictly tied unto it either by their direction or my weakness. The cause originally was a ment, the king took occasion also to attack Eliot. In refer- ence, it may be supposed, to his commissioners of inquiry into Eliot's property having had a " nihil" returned to them, Charles observes, " Notwithstanding his majesty's late dec- laration, for satisfying the minds and affections of his loving subjects, some ill-disposed persons do spread false and per- nicious rumours abroad ; as if the scandalous and seditious proposition in the House of Commons, made by an outlawed man, desperate in mind and fortune, tumultuously taken by some few, after that by his majesty's royal authority he had commanded their adjournment, had been the voice of the whole House, whereas the contrary is the truth." The words I have printed in italics are not in Rushworth, but Rymer supplies them. (Foedera, xix., 62.) The infatua- ted king continues, " This late abuse having for the present driven his majesty unwillingly out of that course, he shall account it presumption for any to prescribe any time to his majesty for Parliaments ; the calling, continuing, and dis- solving of them, being always in the king's own power." cold, but the symptoms that did follow it spake more sickness ; a gradual indisposition it begot in all the faculties of the bodie. The learned said a consumption did attend it ; but I thank God I did not feel or credit it. What they ad- vised as the ordinance that's appointed I was content to use, and in the time I was a patient, suffered whatever they imposed. Great is the authority of princes, but greater much is their's who both command our purses and our wills. What the success of their government wills, must be referred to him that is master of their power. I find myself bettered, though not well, which makes me the more readie to ob- serve them. The Divine blessing must effec- tuate their wit it is that medicine that has hitherto protected me, and will continue me among other affairs to remain your faithfull friend." It is affecting to observe, even in his manner of writing, a characteristic of the fatal disorder that had seized him. As his illness became more determined, the severity of his imprisonment was increased. Pory the letter writer, indeed, remarked, about this time, " I heare Sir John Eliot is to remove out of his darke smoakey lodging into a bet- ter ;" but I can find no evidence of the remo- val. On the contrary, shortly before his last letter to Hampden, he had written to Bevil Grenville (who then opposed the court, but af- terward, with no suspicion of his virtue, died fighting for the king at Landsdowne) a state- ment of increased restraint. His friend had by letter alluded to some rumours that were then abroad,* and on the faith of which Pory seems to have gossiped, as above, of his probable lib- eration. " The restraint and watch uppon me," Eliot answers, "barrs much of my intercourse with my friends ; while their presence is de- nied me, and letters are soe dangerous and suspected, as it is little that way we exchange ; soe as if circumstances shall condemn me, I must stand guiltie in their judgments ; yet yours (though with some difficultie I have re- ceived, and manie times when it was knocking at my door, because their convoy could not en- ter they did retire again, wherein I must com- mend the caution of your messenger, but at length it found a safe passage by my servant) made mee happie in your favour, for which this comes as a retribution and acknowledgment. For those rumours which you meet that are but artificial, or by chance, it must be your wisdom not to credit them. Manie such false fires are flyinge dailie in the ear. When there shall be occasion, expect that intelligence from friends ; for which in the meene time you do well to be provided ; though I shall crave when that dispute falls, properlie and for rea- sons not deniable, a change of your intention in particulars as it concerns myselfe ; in the rest I shall concur in all readiness to serve you, and in all you shall command me who am no- thing but as you represent." His concluding * These rumours prevailed strongly at one time. They arose out of whispers of a possibility of a Parliament ; and I find it stated in a letter among the Harleian MSS., 7000, dated Dec. 14, 1631-2, that " Sir John Eliot had lately been courted and caressed in his prison by some great men who are most, in danger to be called in question." If any such overtures were made to him, it is certain that he continued immoveable. Rapiu, indeed, says distinctly (vol. x., p. 263, note), ' Sir John Eliot had been tampered -with, but was found proof against all temptation." SIR JOHN ELIOT. 39 words are affecting. " My humble service to your ladie. and tell her that yet I doubt not to kisse her hand. Make much of my godson." Immediately after this, instead of any evi- dence of better treatment, I have to furnish proof of an accession of the most savage and atrocious severity. Eliot hitherto had been permitted, under certain restrictions, to receive visits from his friends. This poor privilege was now withdrawn, and it is well that this is to be offered on the best authority, or I could not have asked the reader to give credence to it the comfort of a fire, necessary to life in a damp prison, whose inmate already struggled with a disorder brought on by cold, was. in the depth of winter, wholly, or almost wholly, de- nied to Eliot ! On the 26th of December, 1631, he thus writes to Hampden : " That I write not to you anything of intelligence, will be ex- cused when I do let you know that I am under a new restraint, by warrant from the king, for a supposed abuse of liberty, in admitting a free resort of visitants, and under that colour hold- ing consultations with my friends. My lodg- ings are removed, and I am now where candle- light may be suffered, but scarce fire. I hope you will think that this exchange of places makes not a change of minds. The same pro- tector is still with me, and the same confidence, and these things can have end by him that gives them being. None but my servants, hardly my mn, may have admittance to me. My friends I must desire, for their own sakes, to forbear coming to the Tower. You among them are chief, and have the first place in this intelli- gence. I have now leisure," he continues, with affecting resignation, " and shall dispose myself to business ; therefore those loose pa- pers which you had, I would cast out of the way, being now returned again unto me. In your next give me a word or two of note ; for those translations you excepted at, you know we are blind towards ourselves ; our friends must be our glasses ; therefore in this I crave (what in all things I desire) the reflection of your judgment." Thus, in the midst of his worst sufferings, Eliot had the consolation and sustainment of the philosophical work in which he had enga- ged. His own study, as I have described, had been plundered of its papers and sealed up by the king ; but his friends supplied him with books ; and in this office, as in every other care and kindness, Hampden was most for- ward.* Sir Robert Cotton's library would have proved of inestimable value to Eliot at this time, as some few years before it had served a kindred spirit, t but the atrocious tyranny that now prevailed had reached its learned owner. Accused of having furnished precedents to Sel- den and Eliot, Sir Robert Cotton's great libra- ry was seized and held by the king ; and, una- ble to survive its loss, the great scholar died.t * I shall have a more proper opportunity (in the notice of Hampden) of eliciting a number of delightful personal char- acteristics from his present conduct to his friend. t Sir Walter Raleigh. See an interesting letter in the Biographia Britannica, vol. v., p. 3485. t The following extract from Sir Symonds D'Ewes' diary is deeply affecting : " When I went several times to visit and comfort him [Sir Robert Cotton] in the year Ifi30, he would tell me, ' thcv had broken his heart, that had lucked lip his library from hjin.' I easily guessed the reason, be- cause bis honour and ecteein were much impaired by this I have spoken of a kindred spirit with that of Eliot. It is impossible, in describing Eliot's la- bours at this moment when, Active still, and unrestrain'd, his mind Explored the long extent of ages past, t And with his prison hours enrich'd the world not to recollect Sir Walter Raleigh. Kin- dred they were, at least in magnanimity of spirit and largeness of intellect. If it were worth while, I could point out other resem- blances. Their faces, in portraits I have seen, were strongly like. They were both of old Dev- onshire families ; both were new residents in Cornwall ; and, through the Champernownes, one of whom had given birth to Raleigh, their families were in a degree related.* They both died victims of the grossest tyranny, but not till they had illustrated to the world exam- ples of fearless endurance, and left, for the world's instruction, the fruit of their prison hours. In one particular here, or, rather, ac- cident, the resemblance fails ; for Raleigh's in- tention of benefit was fulfilled by the publica- tion of his labours, while Eliot's have remain- ed to the present day unpublished, disregarded, almost unknown. I shall shortly endeavour to remove from literature, at least, a portion of this reproach ; and, in so doing, an opportunity will be given to Eliot himself to complete this allusion to Raleigh, by one of the finest trib- utes that has yet been paid to that gallant and heroic spirit. The health of the imprisoned philosopher sank day by day. His " attorney at law," how- ever, told Pory that he was the same cheerful and undaunted man as ever. His friends now appear to have resolved to make a desperate effort to save him. I quote from one of Pory's manuscript letters to Sir Robert Puckering :t ' On Tuesday was sennight, Mr. Mason, of Lincoln's Inn, made a motion to the judges of King's Bench for Sir John Eliot, that, whereas the doctors were of opinion he could never re- cover of his consumption until such time as he might breathe in purer air, they would, for some certain time, grant him his enlargement for that purpose. Whereunto my Lord-chief- justice Richardson answered, that although Sir John were brought low in body, yet was he as high and lofty in mind as ever, for he would neither submit to the king, nor to the justice of that court. In fine, it was concluded by the bench to refer him to the king by way of peti- tion." Eliot refused to do this, proceeded still with his treatise, and uttered no complaint. Hamp- den continued to send him books, and, with delicate good sense, rallies him to his labours : " Make good use of the bookes you shall re- ceive from mee, and of your time ; be sure you shall render a strict account of both to your ever assured friend." As the work progressed, fatal accident ; and his house, that was formerly frequented by great and honourable personages, as by learned men of all sorts, remained now, upon the matter, empty and deso- late. I understood from himself and others, that Dr. Neile and Dr. Laud, two prelates that had been stigmatized in tho first [last ?] session of Parliament in 1628, were his sore en- emies. He was so outworn, within a few months, with an- guish and grief, as his face, which had formerly been ruddy and well coloured, was wholly changed into a grim and blackish paleness, near to the resemblance and hue of a dead visage." Within a "few months" more he died. * See a statement at p. 1 of this memoir ; and Biog. Brit., vol. v., p. 34(57. t Sloaae MSS., 4178. 40 BRITISH STATESMEN. it was sent in portions to Hampden, who criti- cised it, and, as I shall show, gave value to his praise by occasional objection : " And that to satisfy you, not myselfe, but that by obeying you in a command so contrary to my own dis- position, you may measure how large a power you have over John Hampden." Very little political allusion passed in these letters. It was a dangerous subject to touch, for Eliot's correspondence was never safe from exposure.* Some time before, he had mentioned this, as we have seen, to Grenville ; and he wrote to Denzil Hollis a letter which bears upon politi- cal affairs, but only in dark hints, which he might not express more plainly. " Through a long silence," he says, " I hope you can re- taine the confidence and memoire of your frende. He that knows your virtue in the generate cannot doubt any particular of your charitie. The corruption of this age, if no oth- er danger might occur, were an excuse, even in business, for not writing. The sun, we see, begets divers monsters on the earth when it has heat and violence ; time may do more on paper ; therefore, the safest intercourse is by harts ; in this way I have much intelligence to give you, but you may divine it without proph- esie." Nearly four years had now passed over Eliot in his prison. Those popular leaders who had been subjected to confinement at the same time, had all of them, within the first eighteen months, obtained their release. t Eliot only was detained. After the conclusion of the treatise that had so long served to keep up his interest and attention, he appears to have sunk rapidly. Almost worn out by his illness, his friends at last prevailed upon him to petition the king. The-account of his " manner of pro- ceeding" is affecting to the last degree. I give it in the words of a letter from Pory to Sir Thomas Puckering : " Hee first presented a petition to his majesty, by the hand of the lieu- tenant, his keeper, to this effect : ' Sir, your judges have committed mee to prison here in your Tower of London, where, by reason of the quality of the ayer, I am fallen into a dan- gerous disease. I humbly beseech your majes- ty you will command your judges to sett mee at liberty, that, for recovery of my health, I may take some fresh ayer,' &c. Whereunto his majestie's answer was, ' it was not humble enough.' Then Sir John sent another petition, by his own sonne, to the effect following : ' Sir, I am hartily sorry I have displeased your majes- ty, and, having so said, doe humbly beseech you once againe to comand your judges to sett me at liberty, that, when I have recovered my health, I may returne back to my prison, there to undergoe suche punishment as God hath al- lotted unto mee,' &c. Upon this the lieuten- ant came and expostulated with him, saying it was proper to him, and common to none else, * Many of Hampden's most beautiful letters never reach- ed him. t Before Valentine had obtained his bail, Eliot began to suspect him of juggling for release ; and he writes of him to a friend, Thomas Godfrey, " This is all I can tell you of him, unless by supposition I could judge him in his reser- vations and retirement, knocking at some back door of the court, at which, if he enter to preferment, you shall know it from your faithful friend." I could furnish many such proofs of the jealous care with which Eliot watched the virtue of his friends. to doe that office of delivering petitions for his prisoners. And if Sir John, in a third petition, would humble himselfe to his majestie in ac- knowledging his fault and craving pardon, he would willingly deliver it, and made no doubt but hee should obtaine his liberty. Unto this Sir John's answer was : ' I thank you, sir, for your friendly advise, but my spirits are growen feeble and faint, which, when it shall please God to restore unto their former vigour, I will take it farther into my consideration.' "* That this is a perfectly correct account can- not be doubted. Pory collected the particulars after the death of Eliot, and gives us his au- thority. " A gentleman," he says, " not un- known to Sir Thomas Lucy, told me, from Lord Cottington's mouth, that Sir John Eliot's late manner of proceeding was this." Moreover, in one of Lord Cottington's own despatches to Wentworth, the savage satisfaction with which the court had received, and with which they knew Lord Wentworth would also receive, the assurance of the approaching death of the for- midable Eliot, is permitted to betray itself. "Your old dear friend, Sir John Eliot," ob- serves the Chancellor of the Exchequer to the Lord-deputy of Ireland, winding up a series of important advices with this, the most impor- tant Of all, " IS VERY LIKE TO DIE."t Within two months from that date Lord Cot- tington's prediction was accomplished. Eliot, however, had yet a duty of life left, which he performed with characteristic purpose. He sent for a painter to the Tower, and had hit* portrait painted, exactly as he then appeared, worn out by disease, and with a face of ghast- ly paleness. This portrait he gave to his son, that it might hang on the walls of Port Eliot, near a painting which represented him in vig- orous manhood a constant and vivid evidence of the sufferings he had unshrinkingly borne " a perpetual memorial of his hatred of tyran- ny." These pictures are at Port Eliot still. I have been favoured with a loan of the earlier portrait, by the courtesy of Lord St. Germain's. It represents a face of perfect health, and keen- ly intellectual proportions. In this respect, in its wedge-like shape, in the infinite majesty of the upper region, and the sudden narrowness of the lower, it calls to mind at once the face of Sir Walter Raleigh. Action speaks out from the quick, keen eye, and meditation from the calm breadth of the brow. In the disposition of the hair and the peaked beard, it appears, to a casual glance, not unlike Vandyke's Charles. The later portrait is a profoundly melancholy contrast. It is wretchedly painted, but it ex- presses the reality of death-like life. It pre- sents Eliot in a very elegant morning dress, apparently of lace, and bears the inscription of having been " painted, a few days before his death, in the Tower." In the last moments of his life, Eliot present- ed the perfect pattern of a Christian philoso- pher. I quote the last of his letters to Hamp- den. " Besides the acknowledgment of your favour that have so much compassion on your frend, I have little to return you from him that has nothing worthy of your acceptance, but the * Harleian MSS., 7000. t Strafford's State Papers, vol. i., p. 79, dated October 18, 1632. SIR JOHN ELIOT. 41 contestation that I have between an ill bodie and the aer, that quarrell, and are friends, as the summer winds affect them. I have these three daies been abroad,* and as often brought in new impressions of the colds, yet, body, and strength, and appetite, I finde myself bettered by the motion. Cold at first was the occasion of my sickness, heat and tenderness by close keepinge in my chamber has since increast my weakness. Air and exercise are thought most proper to repaire it, which are the prescription of my doctors, though noe physic. I thank God other medicines I now take not, but those catholicons, and doe hope I shall not need them. As children learn to go, I shall get ac- quainted with the aer ; practice and use will compasse it, and now and then a fall is an in- struction for the future. These varieties He does trie us with, that will have us perfect at all parts, and as he gives the trial, he likewise gives the ability that shall be necessary for the worke. He has the Philistine at the disposi- tion of his will, and those that trust him, under his protection and defence. ! infinite mercy of our master, deare friend, how it abounds to us, that are unworthy of his service ! How broken ! how imperfect ! how perverse and crooked are our waise in obedience to him ! how exactly straight is the line of his provi- dence to us ! drawn out through all occurrents and particulars to the whole length and meas- ure of our time ! how perfect is his hand that has given his Sonne unto us, and through him has promised likewise to give us all things relieving our wants, sanctifying our necessi- ties, preventing our dangers, freeing us from all extremities, and dying himself for us ! What can we render 1 what retribution can we make worthy soe great a majestie 1 worthy such love and favour 1 We have nothing but ourselves, who are unworthy above all, and yett that, as all other things, is his. For us to offer up that, is but to give him of his owne, and that in far worse condition than we at first received it, which yet (for infinite in his good- nesse for the merits of his Sonne) he is con- tented to accept. This, dear frend, must be the comfort of his children ; this is the physic we must use in all our sicknesse and extremi- ties ; this is the strengthening of the weake, the nuriching of the poore, the libertie of the captive, the health of the diseased, the life of those that die, the death of the wretched life of sin ! And this happiness have his saints. The contemplation of this happiness has led me al- most beyond the compass of a letter ; but the haste I use unto my frends, and the affection that does move it, will, I hope, excuse me. Frends should communicate their joyes : this, as the greatest, therefore, I could not but im- part unto my frend, being therein moved by the present expectation of your letters, which al- ways have the grace of much intelligence, and are happiness to him that is trulie yours." I add to this an extract from one of Pory's * The precincts of his prison, it is unnecessary to add, enclosed the " abroad" of Eliot. The " air and exercise" he afterward mentions, as having somewhat "bettered" him, were only what he could win from a few narrow paces within the walls of the Tower. It is easy to conclude from this, that a sight of his native country, the greeting of one healthful Cornish breeze, would almost instantly have re stored him. letters, dated November 15, 1632. " The same night, Monday, having met with Sir John El- iot's attorney in St. Paul's churchyard, he told me he had been that morning with Sir John in the Tower, and found him so far spent with his consumption as not like to live a week longer."* He survived twelve days. On the 27th of November, 1632, Sir John Eliot died. Imme- diately after the event, his son (Richard, as I presume, since he did not go abroad as he pur- posed) "petitioned his majesty once more, hee would bee pleased to permitt his body to be carried into Cornwall, there to be buried. Whereto was answered at the foot of the peti- tion, ' Lett Sir John Eliot's body be buried in the church of that parish where he dyed.'"t This attempt to wreak an indignity on the re- mains of Eliot was perfectly in accordance with Charles's system. A paltry piece of heartless spite on the lifeless body of a man appropriately closes a series of unavailing at- tempts to reduce his living soul. What re- mained of the great statesman was thrust into some obscure corner of the Tower church, and the court rejoiced that its great enemy was gone. Faithful and brave hearts were left to re- member this, and the sufferings of Eliot were not undergone in vain. They bore their part in the heat and burden of the after struggle. His name was one of its watchwords, and it had none more glorious. His sufferings, then, have been redeemed. The manner of his death was no more than the completion of the pur- poses of his life. Those purposes, and the ac- tions which illustrated and sustained them, I have described in these pages, for the first time, with fidelity and minuteness. In doing this, I have also endeavoured to exhibit his personal and intellectual qualities so fully, that any reiteration of them here might be tedious, and is certainly unnecessary. In estimating his character as a statesman, our view is lim- ited by the nature of the political struggle in which he acted. We have sufficient evidence, however, to advance from that into a greater and more independent field of achievement and design. His genius would assuredly have proved itself as equal to the perfect govern- ment of a state, as it showed itself supreme in the purpose of rescuing a state from misgov- ernment. As a leader of opposition, he has had no superior in history, probably no equal. His power of resource, in cases of emergency, was brilliant to the last degree, and his elo- quence was of the highest order. The moral structure of his mind was as nearly perfect as that of the most distinguished men who have graced humanity. It ranks with theirs. Yet this is he whose memory has been in- sulted by a series of monstrous slanders flung out against it by political opponents with a recklessness beyond parallel ! The time for such slanders, however, has happily passed away, and the name of John Eliot may now be preserved, unsullied, for the affection and ven- eration of his countrymen. What remains to be said of this great per- son, I shall subjoin as an appendix to this me- * Harleian MSS., 7000. t Ibid., 7000. 42 BRITISH STATESMEN. moir. I am about to examine his philosophical ' mingled sweetness and grandeur have been treatise for, I believe, the first time. It has j quoted ; no attempt has even been made to de- been mentioned, certainly by more writers than j scribe them. I am about to remove this re- one, and about twenty lines have been quoted j proach from literature, and to enrich it with from it ; but this is the utmost extent of appre- j several specimens of thought and style, which ciation it has received. No one has yet shown | might give an added lustre to the reputation any evidence of other than the most superficial of our loftiest writers in prose to a Hooker or glance at its contents ; none of its passages of { a Milton. APPENDIX, SOME ACCOUNT OF AN UNPUBLISHED PHILOSOPHICAL TREATISE, THE MONARCHY OF MAN, WRITTEN BY SIR JOHN ELIOT DURING HIS LAST IMPRISONMENT. A CONSIDERATION of such affecting interest is so imme- diately and vividly excited in looking at the first page of this manuscript, that I have had it carefully copied for the read- er. It presents at once the scene of Eliot's imprisonment, and the lonely and weary hours this cherished work may have lightened. The pure exaltation of the philosopher is approached most nearly by the simplicity of a child ; and how touching is the childlike care and interest which, to while away the lingering time, has so elaborately wrought itself within every letter of this exquisite title ! Crouching under the T and the M two faces will be detected rather ungain, indeed, but still sufficient to remind the solitary prisoner of the more " human fece divine." I leave the rest to the imagination of the reader, which is, in many respects, silently and deeply appealed to. I will only add that the omission of the woru " fecit," in the truly and touchingly noble motto, appears to me to be in the highest taste. It reads, as it stands, like an abridged motto on a shield, chiv- alrous and significant. It is no proof of the judgment of the only two writers who have given the title of this trea- tise, that they undertake to repair Eliot's omission in this re- spect v.Ueus mu hac This wood-cut, it is to be observed, is very considerably reduced from the original, which is of a folio size. The treatise itself occupies two hundred and forty folio pages, which are written over with extreme closeness, and by no means so legibly as the specimen before the reader. Eliot was fond of abbreviations ; and the key of his style, in that particular, has grown something rusty, and tnes the pa- tience. Tie treatise opens with a general proposition in favour of what Eliot calls the covenant of monarchy. The example of man's monarchy follows the monarchy of the mind as the greatest of those covenants, after that of the government of nature, of God. " Of all covenantes, kingdomes are the best, answering to the first and highest, both of institutions and examples, either in the policie of man or the president of his maker. Next to that great monarchic and kingdoms, quod sub Jove, nomen habet, in which the microcosme, the whole world, is comprehended, is the monarchic of man, that little world and microcosme, coming the neerest, both in order and pro- portion, for excellencie of matter and exquisitnes of forme. In tymi! and order nothing makes to question it ; it beeing the instant and imediate successor of that greater, wherein, the Creation being accomplisht, man was made a governour. In excellency and proportion what paralell may it have? what similitude can be given it? its forme beeing like the disposition of the heavens, soe geometricall and exact, that each part, each orbe, hath his owne motion, in his own tyme, to his owne ends, genuine and proper." The course of each " orbe and member" is pursued in terms of exalted eulogy, and the ''matter" is next handled. By this is meant the subject matter of the proposed govern- BRITISH STATESMEN. ment, which embraces nothing extraneous, nothing connect- ed with creatures that are inferior, in point of grandeur, to man himself. "The excellence of the matter likewise does appear, in that it is not an invention of humanitie, a fabrike of art, but of a substance heauenly, the perfection of all creatures, the true image of the Deity. 'Twere too lowe, too narrow, for the founder to reduce the gouernment to beasts, and to confine it to that compasse, which yet likewise was cast within man's will, and those things submitted to his use. This were unworthie the original!, that transcendent great- nes from whence this excellence is derived, to applie it onely to such things. And much more were it unworthie the ends, the glory and the honor, of that greatnes which reflects from purer obiects. 'Tis larger, 'tis better. 'Tis of .man chiefly this goverment consists. Man, to be the gouernour of himselfe, an exact monarchic within him, in the composition of which state nothing without him may have interest, but all stands subservient to his use, nee only to his maker." Eliot then proposes to consider the component parts of this monarchy, and the relative duties they sustain. " In this monarchic of man, to make the excellence con- spicuous, first is requisite a description of the parts, then the knowledge of theire duties ; that, euery member beeing scene, and theoffice it sustaines,it may then appear of what use and advantages they are, what severall meritts they implie, both in degrees and simplie, what conference they have, of how much importance to the generall, what cor- respondence and relations with themselves. " In the parts, the minde doth sitt as soveraigne, in the throne and center of the heart, the station of most aptnes both for intelligence and coinand. Two sorts of servants doe attend him, daylie administering in that court ; the one for use and businesse, as Plutarche has it of Craterus, friends and servants to the KINO ; the other, like Hephestion, for pleasure and delight, friends and servants unto ALEXANDER. These, the rationall and bruite faculties of the soule, are both necessarie in theire kinds, both usefull to their sover- aigne, though differing in theire service, and differing in the way. " Of the first a senate is compos'd, a solid body for councill and advice, still intent on the gouernment. Such are mem- orie, judgement, fancie, and theire like. The second are the waiters and followers, which respect not the affaires, but the presence, of theire king, as the will and affections that accompanie him. Subservient to these, and according to these principles, all other things are mov'd, every part and member in his place ; the great officers beeing the sen- c.es ; and ministers subordinate, the organs ; the subiect, the body, in which all these subsist, and though the most unactive part it be, yet it is trucly called the center and foundation of the rest. " This is the frame and constitution of this monarchic, and of these parts it does consist." The question follows of the several offices and duties of these various parts, and " On this point," Eliot observes, with an allusion of extreme elegance, " wee shall endeavour to expresse, as young painters doe rare beauties, some lines and slight resemblances, though, in the exactness, wee come short of the true figure and perfection." " There is one common duetie of them all, to which all are equally obliged ; prince as well as subjects, subjects as theire prince ; all offices are directed to this end, and all are accomptable for that trust ; proportionably indeed to the quallities they are in ; geometrically, and ad pondus, though not arithmetically and alike. The greater and more digni- fied, for more, as more advantage has been given them ; the lesse, and all, for somewhat to the capacities they have. Which is for the conservation of the whole, the publike utilitie and good, wherein all indeavours must conterminate as theire absolute and true end. "And the reason is binding in this point. For if the whole fabrike be desolved, how can a part subsist? Be it the chamber of the councill, the head ; or the king's throne, the heart ; or yet, which is more excellent, what they both containe, the king himself and councell, the mind and facul- ties of reason ; what subsistance can they have, or what be- ing can they hold, without that frame and body of which they are king and councell? A father is soe called, but in relation to a child ; and if that childhood cease, he ceases to be a father. It is ignorance, madness, to think that in a disjuncture they can stand, either the prince or the sub- iect ; when the prince is such but in referrence to the sub- iect, and the subiect has not being without the subsistance of the state. Adeo manifestum est (as an emperour speaks in Tacitus) neq ; perire neq ; salvos esse, nisi una, $c. The conjuncture is so strict, that in the dissolution of the generall, noe particuler can be fast ; and, without preserva- tion of the members, the body cannot stand ; therefore each part must strive for the conservation of the whole, and that whole intend the preservation of the parts." Eliot then reduces to two heads, the division and limita- tion of their respective duties. The passage is striking. " The king is to command ; the subiect to obey. Both, however, with like readines in theire places, and like af- fection to each other. The subiect must not make his cen- ter in himself, and direct onely his indeavours to that end, as if there they were to terminate ; but they must alwaies be with respect unto his soueraigne, and to the publike good, therein inclining his will. As the king is to answere this observance in correspondency thereof, he must not retire his thoughts to private purposes and designes, respects that are particuler, peculier interests of his owne ; but his authority must move as it has been appointed, in ordine, for his sub- iects, for the common use and benefit, for the safety and tranquillitie of the state, for the singuler advantage of each member, and the universall happinesse and good." The treatise now flows naturally into an examination of the analogies of civil government. " And in this, generally, this monarchic is agreeable to all others, of the same frame and constitution ; and what is true in them is conclusive upon this, their reasons being alike ; as conversively from this, may be argued to the rest. Wee will therefore consider them together, to see how the authority does arise, and what powers and judgments have been giuen them. That done, wee will discend to exercises and corruptions, with the effects and consequences that are incident, from whence, by comparison, the knowledge wille be easic. Where the advantage rests, that shall be an ev- idence to iustifie the right. Even the fruite and proffit shall be made arguments to prove it. Wherein, notwith- standing all disguises to the contrarie, the true utile shall be seen, like the heliotropium, that beautie of the gardens, always converting to the sunne, the honestum, to which it shutts and opens, as that is present or removed." The original of civil monarchy Eliot seeks for in the heavens. From the solitude of his dungeon, into that clear region, " above the thunder," it was some consolation to pass ! " To finde out the original! of these excellencies, the be- ginning of these monarchies and monarchs, wee must first search the heavens, and, by ascending thither by thought and speculation, bring down the knowledge of that truth. Wee shall there see them, from before all eternitie, written in the councells of the court, the great ruler there haueing so decreed it, in conformity to his gouernment. From his owne excellence and perfection was theire idea taken, the patterne and example being himselfe, the worke his owne, the institution and invention his, and the end and scope for which it was ordained. Soe thence wee shall finde theire originalls derived ; there they haue beginning ; from thence they haue continuance ; there both their Genesis and Exo- dus are inroll'd. All their degrees, periods, and revolutions, their remissions, and intentions, are guided by this influ- ence. Inde est imperator (saith Tertullian), vnde et homo : inde potestas, vnde et spiritus. The same power which first created man gave their originall to princes. He who of nothing gave being unto all things he that to man whilst he was yet but clay, that unactive piece of element, infused a spirit and fire to give him life and motion from him pro- ceeds this power.'' Aristotle, Dion, Plato, and Pliny give the strength of their authority to the writer ; and, pursuing various monarchical analogies, in a manner much resembling that of Sydney's treatise, through families, cities, and so on, he arrives at the government of the " great glol>e itself," in considering which, he says, the reason sinks, for, since it cannot ascend up to " nature, which is but the daughter of the world," much less should it compass " the world, the universall mother of all nature." Eliot then exclaims, with a passing eulogv on Cicero, which, considering the many points of literary resemblance between them, is very interesting: " Without a maker the world had not been at first, without a ruler it would haue no continuance. The varieties and con- trarieties that are in it, beyond the understanding of weake man, so reconciled to order and agreement, give it a full ex- pression. O the height of this gradation, which none but Cicero could climbe !" And thus he proceeds through a laboured praise, considering the accomplished Roman in all his aspects, " resorting to the person from the cause, from the client to the advocate," till he knows not, as he ex- presses it, " whether his truth or eloquence be more ad- mirable." The next passage I shall quote is beautiful and character- istic. Eliot proposes to examine the authority of princes, their powers and judgments, with their controlling rules and limits. In the course he lays down towards this, I recog- nise an admirable sense of the proprieties in argument, with a feeling of the probable public appearance of his labours ; a glance at the strange aspect of the times, and an endeavour to save his work, as it were, from the severities that had fallen on himself ; which will not be read without much interest. It is full of delicate beauty. I subjoin to this the commencing passages of the argument which follows it, be- speaking toleration for the objects and intentions of man, on the ground of the wretched dependancy and infirmity of his acts. " Thus then wee see how the authority does rise, and from whence princes have originall, both in particular, far SIR JOHN ELIOT. 45 ours, and generally, for all nature, therein assenting. Our next view must be of the powers and judgements that are giuen them, wherein likewise there is community. Then their rules and limits wee will touch, with some notes of advantage and disadvantage from the use. Which done, wee will draw the application to ourselves, to our owne monarchic, the mind, and shew the propriety of that ; hand- ling by the way the questions most in controversie touching the exercise of that power ; which wee will take, as they are emergent from our subject, and arise naturally in dis- course ; not compelling, not coveting, any that does not vol- untarily come in, and readily accost us ; nor balking those which the occasion shall present, for any fear or difficulties. Only this favor wee petition, which candor will allow us for our encouragement in the worke, that no prejudice may impeach us in the censure of our reason ; if it tide contrary to the tymes, if it oppose the stream and current wee are in, either in dilating or contracting the interests and pre- tentious, superior or inferior. Wee shall impartially deliv- er it, if not to the truth of the cause, which may exceed our judgement, yet to the truth and identity of our sense ; and if in that we fail, though it be an error, 'tis not a crime un- pardonable, uncapable of remission. Yet wee shall be care- ful to avoid it, and are not unhopefull in that point, having our affections on a right level, so equally disposed as nothing but ignorance can divert them. " First then, to take the just height and latitude of this power, we must begin our consideration at the end the end and scope for which it was ordain'd, which is the perfec- tion of all workes aud the first thing always in intention. Acts may have diverse inclinations and effects, from the ac- cidental intercurrence of new causes contrary to their in- stitution and design, whereon no sound judgement can be grounded. To an act of virtue there may be a concurrency of vice, through the corruption and infirmitie of the object. A charity may be intervened to ill uses, as not seldom hap- pens thro' the depravity of men, and so lose the fruit of vir- tue. The council of Achitophell may be follie, though an effect of wisdom. Equity may be converted to iniquity. Justice into injury, or into cruelty of extremity. No virtue, indeed, in operation is so sacred, but circumstance may cor- rupt it, diverse effects may follow it, as from new causes and intentions intervenient. Thus we see it in the motion of the spheres, the perfection of whose course revolves from east to west, and yet all the lesser and lower orbes run a counter course to that, turning from west to east. Their natural motions and inclinations are irregular, ad raptum. So, in the acts of virtue, oblique intentions may occur to corrupt it in particulars, though the virtue be the same. Therefore, as the intention must be the indication of the act, the end must shew the intention. For as a good act may be ill done in respect of the intention, so the intention of what purity soever may be corrupted by the end. If our descent and end shall terminate in the east ; if our horo- scope and ascendant shall be placed in the period of the west ; if we shall then, as Strato saith, seeke the sunne it- self rising in the west, we cannot conclude properly, or right. For the end of the great workman must direct us, not the effect and operation of the worke. Finis operantis, the end and the proposition of the first mover, the maker of those powers ; not ./tat* operis, the practice and exercise of man, who, like those lower orbes, has no regularity, but ad raptum." The authority to be committed to princes, with the as- sistance of their deliberative and executive governments, aud the duties required of them, are then treated by Eliot. He tempers the apparent remoteness of such an authority by many familiar analogies, and illustrates the dangers that beset a prince in the example of the pilot of a ship : " The leaks," he says, " are infidelity and treachery in ministers ; the rocks, inequality and distemper in the gouernment ; the sands and synks are factions and divisions ; the winds and waves, the attempts and invasions of the enemie ; the py- ratts are the false and subtil underminers, that would robb and steale away all law, liberty, and religion." A singular passage follows, but it is too long for my pres- ent purpose. Eliot takes up the power to be given to min- isters as a thing to be limited, invariably, and in all things, by rule ; " secundum artem, according to certainty ;" that it should be, in fact, a PRINCIPLE, or the man to whom it is intrusted will turn, as he says, " a sophister and impos- tor." He then ranges through several chemical analogies, combining and condensing them, with a rich facility and skill. He that desires to have " the gold and quintessence" at last, must search laboriously from " metal to metal, ele- ment to element ;" and so, in the view of Eliot, must the course of that man be laid who seeks the true understand- ing of government, "emergent and resultant from the world." Government, he proceeds to reason, is called " su- preme," but it is only so '' for the good and welfare of the subject. The latter part of which definition, though it be not expressly in the words, is included in the sense, as the end and object of all such authority and power. And it fol- lows likewise by inference and reason, if the use and inter- est be not severed. For, as Cicero says, respublica is but respopuli ; and if the right and interest be the people's, so should the benefit and use." This supreme power of the state Eliot now reduces to two divisions ; "the first con- cerning the exercise of that power as it is distributive to others," the ministers of princes, which he ties down, with much strong sense and argument, to a strict obedience of the laws ; " the other reflecting particularly upon princes, and the privilege and prerogative of their persons," which, when he comes to discuss, he introduces with a melancholy application to himself. Nothing, at the same time, can be more quiet or firm. I have not found, indeed, in the whole of this remarkable work, one touch of querulous impatience. " The next thing that comes to meet us in our way is the second question we expounded, whether the lawes have an operation upon princes. And this with more difficuties is involved, as lying within that mysterie, the prerogative of kings, which is a point so tender as it will hardly bear u mention. We may not therefore handle it with any rough- ness, lest it reflect some new beam of terror on ourselves ; but with what caution we may, yet without prejudice to truth ; that in what freely we have undertaken we may faithfully be delivered, and safely render the opinion which we gave without suspect of flattery." In the next sentence Eliot sets such a suspicion at rest ! With a sudden and indignant sense that the claims set up for princes in that day are "even too absurd for argument, he exclaims, " It falls not into question whether laws have an influence on kings, but conclusive and .in right! It is to question how far such persons should be subject to the laws, what bounds and circumscriptions they have given them, and in what compass and degrees they ought to be limited and confined." He then continues (following up a precedent passage of elaborate eulogium on the law, which I ought to have mentioned, and which is so nobly carried out in Pym's great speech against Strafford, that I cannot help imagining Pym to have been admitted to some knowledge of the com- position of this treatise by his imprisoned friend), " Two things occur in this, the laws and priviledges of each coun- try, in both which the subject has like interest. By the priviledge the prince is free from all things but the law ; by the law he craves in all things to be regulated. By the priviledge he has a propriety of consent in the sanction of all lawes ; by the lawes he has a certain rule and level by which to square his actions. By the priviledge all approved customs are received in the strength and vigour of the lawes ; by the lawes no actual repetitions shall create a custom, without acceptation and allowance. The law is rex omni- um, as Pindarus says, the king and governourof all things ; the other is regi similis, something like unto a king, as Bo- din has it ; as absolute, though less known." Eliot, in the next passage, brands the slavish sycophancy of his time. " Of these laws and priviledges," he says, " (which we shall join together, making but one joint subject of this question), the discussion will be easier if we turn our disquisition, and thus state it : What power the king has upon them ? Wherein there is such a confluency of flattery, conducing to our prejudice ; such labour to make monarchic unlimitted, an absoluteness of government with- out rule ; so much affection, or corruption rather, specified ; such distortion and perversion of authorities to that end ; learning made prostitute to fallacy ; religion turned to policie ; heaven brought down to earth ; light transformed to darkness ; as to attempt against it, is now to row against the tide ! against the stream and current of these times to seek a passage unto truth !" Not the less did the philosophic patriot seek it, and he could afford pity, from his dungeon, to the hollow meanness of the slaves whose doctrines kept him there. " Some would insinuate," he says, pointing to the sermons of Sibthorp and Laud, " from the dehortation of the Israelites, a warrant and authority for the extention of that power. What then was said in terrour, they now make it a conclusion of the right ! Others inferr from the con- fession made by David, ' Against thee only have I sinned,' that princes offend not men, and therefore have a liberty upon them to do what acts they please. Which judgements we shall rather pity than contest ! The heathens, likewise, both Greeks and Latins, have been searcht to have their at- testations for this sense ; but how truly we shall, in a few general instances, soon shew !" Eliot then brings up to his aid what Prynne would have called " squadrons" of author- ities. " Plinie shall be first, who in direct terms avers, non est princeps supra leges, sed leges supra principem, noe prince is without the regulation of the laws, but they are far above the authority of princes. We know in what time and state that author wrote, where monarchic and empire had not their meanest exaltation. No princes had a power be- yond the authority of the Romans no Romans greater than the princes of that age. Yet of them he speaks it, who were the masters of all others, that the laws and statutes of their country had a mastery upon them. And so Tacitus does expresse it, of the first laws at Rome." Valentinian fol- lows, and Plato, and all are shown to be emphatic assertors of the great principle, that " nothing but ruin can be the fortune of that kingdom where the prince does rule the laws, and not the laws the prince." Aristotle, iii the same way, 46 BRITISH STATESMEN. and with the same spirit and wisdom, does confirm it, speak- ing of the miseries and fatalities of those states which hap- pen, as he says, where kings endeavour more than is fitting in the government. A very sharp and masterly dissection of a disputed passage in Aristotle follows, when Eliot shows that the " court parasites" of the day have basely abusec the text. Several fine quotations from various parts of Cic cro are next brought forward, which, as if exultingly, Elioi exclaims, " make it against the law and principles of nature for one man to act his pleasure on another ! ' To detract any thing from any man," says he, ' and this man to draw a benefit to himself from the hurt and prejudice of that, is more contrary to nature than all poverty and sorrow, than whatever can happen to the body, not death itself excepted, or to the outward condition of a man.' What more fully or more plainly can be spoken ? What greater authority can be had, either for the persons or the reasons ? The Greeks, the most excellent of them, and from whom the contrary is insinuated (but how truly have we observed by the way), the Latins likewise, and not the meanest of their kind, whose judgments no posterity can impeach, we have really and actually on our side. Princes and emperors consent- ing ! We may confirm it by the examples of some others, if number be more valuable than weight ; yet not such as shall lessen the esteem; for if no other were produced, their worths might serve for a counterpoise to all opposites." I do not know if every reader will agree with me, but, in this picture of a great mind, forcing itself, as it were, in obedience to the sad necessity of the time, to appear to need satisfaction for the penetration of ils own genius in the au- thority and reverence of past ages, I recognise an object of very deep and affecting interest. The treatise, indeed, is scarcely so remarkable to me for the power it exhibits, great and truly valuable as that is, as for the evidences of a wider power which it restrains. It will be seen, however, as El- iot emerges from the fetters of political discussion, into what beauty and grandeur he ascends, mastering, moulding to his immortal purpose, and impregnating with his own intellect- ual power his variously fine attainments. I may with pro- sly n priety furnish the reader at this moment with a passage of the criticism of Hampden, written on receiving the first rough draft of this portion of the treatise. " When you have finished the other parte, I pray thinke me as worthy of the sight of it as the former, and in both together I'll be- tray my weakness to my friend by declaring my sense of them. That I did see is an exquisite nosegay, composed of curious flowers, bound together with as fine a thredd. But I must in the end expect honey from my friend. Somewhat out of those flowers digested, made his owne, and givinge a true taste of his own sweetnesse. Though for that I shall awaite a fitter time and place." And again, of other ex- tracts from this portion of the manuscript, with no less del- icate expression, Hampden says, " This I discerne, that 'tis as complete an image of the patterne as can be drawne by lines ; a lively character of a large mind ; the subject, method, and expressions excellent and homogeniall ; and, to say truth (sweete heart), somewhat exceeding my com- mendations. My words cannot render them to the life ; yet (to show my ingenuousness rather than witt) would not a lesse model have given a full representation of that subject ? Not by diminution, but by contraction, of parts. I desire to learn ; I dare not say. The variations upon each partic- ular seem many ; all, I confesse, excellent. The fountaine was full ; the channel narrow ; that may be the cause. Or that the author imitated Virgil, who made more verses by many than he intended to write, to extract a just number. Had I seene all his, I could easily have bidd him make few- er ; but if he had badd me tell which he should have spa- red, I had beene apposed. So say I of these expressions." It is very truly and beautifully said, and, as we advance, the reader will see ample reason for the more exalted and enthusiastic praise which Hampden afterward bestowed on his friend's labours. Meanwhile he will pardon this di- gression. . Eliot, producing his examples of princes who have will- ingly ranged themselves on his side, in acknowledgment of the supremacy of law, proceeds: " Plutarche relates it of Antiochus, that great king of Asia, the third of his name, but the first in honour and accomplishment, that he, in con- formity of this duty, sent despatches to his princes for pre- vention of the contrary ; intimating that if any letters or commands should be brought in his name, adverse or in- congruous to the laws, they should believe that (igna.ro se) they were given without his knowledge and consent, and therefore that no other obedience should be yielded than his prison. The majority of his extracts from Plato and Aristotle are given in Latin, evidently to help himself on the faster, for the original editions are always referred to, and when he uses the Greek letters, he writes them with too much neatness and labour to have permitted himself their constant use. Other authorities follow Gratian ; and the writer then triumphantly appeals to the opinion of a mas- ter among " both emperors and civilians," to an edict of Prince Theodosius. " By him it was thus written for posterity. ' It is the majesty of him that governeth to confesse himself bound to the laws ; so much doth authority depend on law, and so much is submission to the laws greater than authority. And that we will not to be unlawful, we shew it unto others by the oracle of this present edict.' In this," Eliot contin- ues, "a conclusion is laid down, not only that all princes are subject to the laws, but that it is their majestic, their honor and exaltation, so to be ! And the reason follows it, that the law is the ground of authority, all authority and rule a dependant of the law. This edict was not only an edict for that time, but for the generations of succeeding ages, and for all posterity to come. Rightly, therefore, and most worthily, stiled an oracle. And in correspondence to this is the mouerne practice of these times. Almost in all the states of Europe princes, at the assumption of' their ~ tak< crowns, assume and take an oath for the maintenance and observation of the laws. So, if we look either into author- ity or example, the use and practice of all times, from the moderne to the ancient, the reason is still cleare, without any difficulty or scruple, de jure, in right, that princes are to be regulated by the laws, and that the laws have an op- eration on the prince." " Yet two things," Eliot observes, in a passage of much interest, and which illustrates an opinion I have expressed above, "we are told, do oppose, and are made arguments against this : the honor and the profit of the king, which are said to have some prejudice by this rule. Many pre- tensions there are made, by those that are enemies to law, to inculcate this doctrine unto princes, which in particular to convince were not a task of hardness, if the danger ex- ceeded not the trouble. But the infection of these times is uncompatible of such labours, when scarce the least disease is curable. We shall therefore follow them as wee did in the strength and assistance of authorities, whjch, in point of profit, do conclude that there is no fruit or advantage in injustice. Ubi turpitude, says Cicero, ibi utilitas esse non potest where shame and dishonesty inhabit, there profit cannot sojourne. And that dishonestie he puts for the vio- lation of a dutie. Againe, nihil utile quod non idem hones- turn, et nunquam potest utilitas cum honestate contendere." Some historical examples, very graphically told, are now adduced in illustration of the last noble maxims, and Eliot hints at the contrast they present to the examples of modern days. " And yet how much more should those conventions be observed which are ratified by oath, and made with friends and citizens, fellow-citizens and brethren, of the same moth- er!" He thenhandles thequestionof the position in whicha king is placed by having the authority of the law upon him ; whether or not it is a failure of dignity. The following is subtilly expressed : " In reason first, how can it be dishon- our to a king to be subject to himself? No man repines at ;he motioms of his will ; no man thinks those actions dis- lonourable which flow from his own intentions ; nor holds .hat phisike vilifying which works his health and safety. Yet all these must be granted to infer dishonor from the aws. Phisike that works a safety must have a vilified reception ; actions free and voluntary must be in antipathy with our thoughts ; affections must displease ; and so, too-, the inclinations of the will (not as they are depraved, but simply as affections) ; and kings must hold it base to be foverned by themselves, before it be concluded that there :omes dishonor by the laws ; which are but the promulga- ;ions of royaltie ; the proper motions and dispositions of that >ower ; the special acts of princes ; their own influences and intentions ; a health-giving composition of their own, either made actually by their hands, or prepared for them >y their fathers, their predecessors, and accepted by them- elves, so that they become their own ; and in being subject unto them they are but subject to themselves, which cannot be dishonorable. No man can be said to be inferior to himself, yet this must be granted in this case. Upon this honorable punctilio, kings must become inferior to them- selves, and a loyal king must be less than an illegal. Yet all power has root but in the wills of men. Vis omnis im- perij in consensu obedientium constat, all empire and au- was challenged by that rule. For which Gratian, on the j thority rests in the obedience of the subject, and the true like occasion, gives a reason, and thereupon reduced it to a j forme of all obedience is comprehended in trie lawes. For law." The words of Gratian are then given. I may here | those services are false, imposed by fear and terror, and so observe that Eliot is scrupulously exact in his method of is that maxim that procures them Oderint dum metuant ! quotation ; that where the words of the original authority Let them hate so that they fear. That versus execrabilit, are used in the text, the book and chapter are carefully j as Seneca calls it ! for he gives it this operation on a prince, written down in the margin ; and that, where the sense only and therefore it is well termed execrable. By it he is driv- of the authority is employed in the treatise, a note gener- | en from extremity to extremity. He is hated because fear- ally supplies the exact quotation and its reference. He ed, and will maintain that fear because he is so hated." must have had at least the companionship of many books in The greater value of love, far beyond this, is next shown, SIR JOHN ELIOT. 47 in the example of an affectionate people. Eliot then looks back upon his arguments ; and, in summing them up, en- forces them again with new authorities, and shows great learning in the fathers. He also refers to the great text- book of constitutional law in that day, the famous treatise of Fortescue. " Fortescue, that learned chancellor of Eng- land, calls it impotencie and non-power to do things contrary to the laws ; and therefore the laws, he says, are no restric- tion to power, for to do contrary to them is no act of power ; as it is no power to sinne, or to do evil, or to be sick, or old ; for all these are instances that he gives, and in these re- spects he says they are contingent unto men. Men are less perfect than the angels, who have not libertie in those, and therefore those laws that regulate the will cannot be dis- honourable. Comines, that wise Frenchman, has also a question to this purpose, upon the restraint of Lewis XI., when in the distraction of his sickness." Before closing this branch of his subject finally, Eliot de- votes some space to an exposure of the false constructions that had been placed upon writings of authority by various prerogative men. I regret that I cannot give an extract, as it exhibits a very searching vigour. With the following se- vere similitude he closes: " He that governs not after the laws and customs of his country, is to be held a tyrant. To him Tacitus has applied the fable, Quod quisquis viscera humana, cum aliarum vie- timarum visceribus forte gusteret, lupus fieri cogitur, that whoever shall taste the interior of a man, though but by chance in the mixtures of the sacrifices, he transforms into a wolf. Those human entrails in the morall are but the publike rights and priviledges ; the devouring whereof, though but by mixture and confusion, is like that cruelty in the proverb, homo homini lupus, man a wolf to man, a trans- formation of humanity into the beastly nature. In the Psalms it has an expression that is higher, to which no ag- gravation can be added, no accumulation can be given. And that likewise proceeding from a king, who, enumera- ting some acts of oppression and injustice (which are the effects of an arbitrary and unlimited dominion, a tyranny, as elsewhere he does call it), accepting of persons, not defend- ing of the poore, destroying of their rights, want of preserva- tion and protection to the people, for these, he says, all the foundations of the earth are out of course ! as if the whole frame of nature had a dependance upon justice, and that the violation of the one threatened the dissolution of the other !" The next division of the treatise is devoted to a consider- ation of the power of government, and the qualities neces- sary for its legitimate exercise. Here, under one of many heads, a severe education is insisted on, with great force, as absolutely necessary to a prince. Eliot contrasts vividly Cyrus and his sons. " But the accession of Cyrus to the crowne was from a harder fortune, which fitted him with virtue. His sonnes had a softer education, being brought up by women, eunuchs, and the like, who infused principles of weakness, and with their flattery and adulations taught nothing but the doctrine of greatness. No man was suffer- ed to oppose them in any exercise or purpose ; but all was praising and commending of all they said or did (as who dares yet do otherwise in the familiarity of princes !)." Dis- missing this, however, Eliot proceeds to argue with some- thing like an uneasy sense of the absurdities in abstract reasoning, which are unquestionably connected with the monarchical principle that, taking kings at the very best, as models of temperance and fortitude, they must be allow- ed to need something more. "Princes might have that plenitude of temperance as should restrain them from all license and exorbitance. That likewise should be accom- panied with a fortitude to manage and subdue all loose ap- petites and affections, and make them impenetrable in that part. Yet there would be wanting one thing more neces- sary to perfection, nay, most necessary for the perfection of a kiner, which is a kind of all knowledge and omniscience, a vast and generall comprehension of all things in his govern- ment, with their several incidents, emcrgents, and contin- gents, their conjunctures, disjunctures, relations, and de- pendencies." This is a formidable list, and the passage which follows it is striking. Eliot revives, from his favourite author, the image of that Roman tyrant which, at the impeachment of Buckingham, had struck such dismay into Charles, for the purpose of proving that there have been princes in the old time, who, affecting a love for parliaments, were wont to commence projects by that authority, and to carry them on without it ! " In this we have the confession of Ti- berius, not the unwisest, though not the best, of princes, who saith, non posse principcm sua conscientid cuncta com- plecti, a prince cannot have that universality of science to comprehend all things in his braine. A senate, therefore, was thought necessary to be auxiliar and assistant, where- in that emperor did concurre. With all the wisdom of his elders, squaring his profession out to justice, though his ac- tions spake the contrary. Cuncta per consoles incipiebat, says Tacitus, he began all things by the consuls. In rela- tion to the senate, indeed, and in a publike oration to that court, he did declare the necessity of their counsell, saying, experiendo didicisse quam arduum, quam sub jectum fortune, regendi cuncta onus, that by experience he had found the danger -and difficulty of sole government." The hypocrisy of Tiberius is afterward shown, and at the same time wrest- ed to a finer purpose in argument than sincerity itself could have illustrated. Eliot closes with some noble passages out of Plato. The nature of parliaments themselves, granting the ne- cessity of their existence, is next examined. The powers which were granted them among the Jews at their sanhe- drini, at Athens, in jEtolia, at Rome, in Carthage, and Sparta, are alluded to. The base purposes of those men who poison the ears of princes with jealousy of parliaments are bitterly exposed, and some of the doctrines of Machiavell held up to scorn. A vast number of authorities are quoted, and much use is made of the arguments of Philip de Com- ines. Eliot, in his course, speaks highly of the genius of Sallnst, and bursts into a fine eulogiutn at the mention of Aristotle, " that stupendum hominis, that wonder and mir- acle of reason !" He closes with some general arguments out of Bodin, and, winding up his parallel between a tyrant and a king, strikes heavily at the recent exactions of royal- ty. " This feeds on the affections of his subjects, the other on their fears. This has his fears principally for them ; the other has them for the objects of his fears. This takes no- thing from his subjects, but on publike warrant and neces- sity ; that drinks, carouzes in their blood, and does fatt him with their marrow, to bring necessity upon them." The entire subject of the civil government of man is then wound up in the following broad and satisfactory proposition. " Monarchy is a power of government and rule for a common good and benefit, not an institution for private interests and advantage. To this runs the confluence of all author- ity and reason, either grounded on the end, or the definition and examples of the order." Eliot now advances to the grander purpose of his treatise, the consideration of the monarchy of the mind. He opens with some general comparison of the civil with the meta- physical relations in this government. He treats of the "councillors of the mind, "and carries them up to their final aims, " the end and perfection of all empire, the bonum pub- licum of the politicks ; that summum bonum of philosophers, that ne ultra in felicitie." From this inquiry, however, he intimates that we must exclude at once the vanity of am- bition, with its " heapings of Pelion on Ossa ;" and, in work- ing the inquiry out, we must be prepared for the weaknesses of man in many points, since even the wisest men, the philosophers of the old time, have not been able to agree. This carries Eliot into an interesting expression of their dif- ferences. He describes them by the fable of Menippus. " He found nothing but confusion upon earth, nothing but incertainty with men. Doubt and ambiguity in some ; dis- sent and contradiction among others ; difference and disa- greement amongst all. Then soe the philosophers, at least their sects in controversie, if not the particulars of all kinds, yet the kinds of all particulars. The Stoicks and Epicure- ans opposed. The Peripatetickes varying from both. The Academickes differing from all. And these divided between the old and new, the Eretrians, Megnrians, and Cyrenians, all in opinions separate and distinguished. Like Hetero- genialls, rather, and things contrary ; not as professors of one science, masters of philosophy, lovers of truth and wis- dom !" This is well said. In their differences, however, Eliot discerns elements of the truth. He proposes, therefore, to examine them. " It may be we shall draw some advantage for the information of ourselves by contraction of their fan- cies ; as was thought by a concursion of the atoms, towards the making and creation of the world. Wee will therefore take a short survey of them, and try what they will yield ; judging, not by number, but by weight, what estimation may be given them ; and as we find their true worth and value, so will we rate them in our book, casting the profit which they bring in the accompt of our own endeavours. To which we shall add what in reason or authority we shall find necessary for the opening of this secret ; this end of all our labour ; this scope and object of our hopes ; that sum- mum bonum in philosophic, that bonum publicum in our poli- cy, the consummation and perfection of our happinesse !" In accordance with this design, Eliot plunges at once into the various schools of ethics that prevailed among the an- cients, describes them all, and discusses their respective doctrines. At every step he gives proof of the profound scholar, of a man of wide compass of thought, and of that peculiar power in the application of learning which stamps it with the creative genius. A trail of light runs along the track of the old systems as we follow them in his pages. The Peripatetics first appear, the Academics next, and the Stoics follow, with the thunder of Aristotle striking down their systems from beyond. The Eretrians are afterward introduced, and to them the Epicureans, in open opposition. And thus we follow all in turn, the genius of Eliot quicken- ing these dead systems into an active present knowledge Suddenly he exclaims, " But let us draw nearer to the light, and dispel those mists that shadow and obscure it, by the 48 BRITISH STATESMEN. beames and radiance of the sun, that so we may find the summum bonum which we look for." " SENECA, ' Romani nomiuis et sapentite nmgnus sol,' as Lipsius styles him, ' that great glory of the Roman name and wisdom,' thus compounds it : ' Ex bond conscientia, ex honestis cousiliis ex rectis actionibus, ex contempt^ fortui- torum, ex placido vitre et continuo tenore, unam prementis viam.' ' Of a knowledge and intentions uncorrupted, of council liberal and just, of actions rectified and exact, of scorn of accident, of a propitious and even course and con- stancie of life, its diameter and straightness kept without reflection or transition." Where these are met in a true di- agram and mixture, where these ingredients are consolidate, there he makes that summum bonum, that great happinesse, the term of man's perfection, the true end and object of his hopes." Following up the principle of this moral system, Eliot de- fines with an exquisite clearness the relations of virtue. In the midst of this, while borrowing an illustration from Sen- eca, he breaks into a magnificent eulogy of the " wisdom and sublimity of his ethicks. His speculations in philoso- phic," exclaims Eliot, with an intense fervour and beauty of expression, " doe preach divinitie to us, and his unbelief may indoctrinate our faith ! Is it not shame," he afterward asks, " that we that are professors in the art should have less knowledge than those that never studied it? that their ignorance should know that of which our knowledge is still ignorant ? at least in the exercise and practice '." In the following I recognise the sublimity and sweetness of Hook- er. " In this he puts that summum bonum and chiefe good, Deo parere, to be obedient unto God, to be obsequious to his will. Hocfac, tit vives, as was the motto of the law doe this and live. Live in all happinesse and felicity ; in all fe- licity of mind, in all felicity of body, in all felicity of estate ! For all these come from him ; he only has the dispensation of these goods ; and he that serves him shall have the frui- tion of them all. This was the notion of that Heathen, which, what Christian can heare and not admire it? It strikes a full diapason to the concord of the Scriptures, and concents with that sweet harmony ! O let us then apply it to ourselves, and make his words our works ! Let us en- deavour for the benediction in the gospel, knowing these things to be blessed, that we do them !" Suddenly Eliot checks himself: "But to return to our own charge and province, that we be not taxed for usurpa- tion in intruding on another ; to resume the disquisition we intended for the end and object our government, the perfec- tion of our monarchy, which our divine Seneca doth deter- mine in that axiome and theoreme, Deum sequi." Several neat touches of statement and description succeed, with the object of a wider direction to Seneca's maxim, after which Eliot remarks : " We will now endeavour, upon all that has been said, to extract a quintessence from the variety of ex- pressions and opinions which we have mentioned ; to make one solid globe, one entire and perfect conclusion." In the course of this the moral and physical relations of the world are surveyed, and from them is shown the possibility of the attainment of a firm and independent position for the mind. " This habit and position of the mind, to constitute per- fect happinesse, must be both cleare and firme ; cleare without cloud or shadow to obscure it, and firme in all con- stancy. Immoveable like the centre ! Add then to this that it does come from God that it is munus Dei, his free gift and largesse and then we see what is this choice happi- ness and good, that summum bonum in philosophy, that bonum publicum in our policy, the true end and object of the mon- archic of man ! It is a cleare and firme habit and position of the mind by knowledge, rectifying all the actions and af- fections to the rule and conformity of reason. It is to be happy. Not in greatness, and honor, riches, or the like, but in any state or quality, that elixar may be found ; from the most simple being of mankind that quintessence may be drawn. The mind being brought to that quality and condi- tion, the faculty working on the object, not the object on the faculty, there is in any state, how mean or low soever, an equal passage and ascent to that great height and exalta- tion !" The elements by which the proposed monarchy of the mind may be constructed having been thus established, and the possibility of its construction shown, Eliot mentions with exultation the great virtues which, once it is constructed, shall tend to its immortal sustainment. But then he re- strains himself. Before we triumph we must subdue. Through sorrow it may be necessary to advance to joy. " We must do as ^Eneas did with Dido, through sad storys of tragedies and disasters make a transition unto love. As mariners in rowing look contrary to their courses, so wee, in the search of happiness and felicity, must have our eyes upon the subject of our misery. Those we must first behold which are enemies of our state, and from them make a pas- sage to our government. Wherein, if, by knowledge of the adversaries, we can find means to conquer and subdue them, if, by the strength and opposition of the vertues, we can overcome and subjugate the affections, then we may triumph in our victorie, and in all security and peace erect that tro- phy of felicity, that summum bonum and chief happiness of man." The impediments to man's happiness are accordingly treated, and, from this onward, with such a union of power and sensibility, of sweetness and grandeur, as I do not think has ever been surpassed by the best prose writers in our language. It is the privilege of true intellectual greatness to glorify itself in what the world calls adversity, and never did it employ a means more noble than this of Eliot's. Re- warded with a prison for the service of active years devoted to his country ; the tyranny apparently triumphant, to op- pose which he had surrendered fortune and freedom ; a dis- ease induced by the foul air of his dungeon making rapid strides upon his life, yet only in its prime ; it is impossi- ble to detect in this illustrious person the quailing of a sin- gle nerve. He rises superior to all extremities, in simply continuing equal to himself. The philosopher of the Tower is no more and no less than the statesman of the House of Commons. The essential object of his exertions is in both cases the same, and I look upon these exalted meditations as only a continuance, in intense expression, of the active energies of his life. The steady invasion of disease forbade him to hope that the latter could ever be renewed ; and, thus excluded from the sphere of virtuous public action, he left an example of even greater value to the world an ex- ample to console them in temporary defeat, to carry ardour and enthusiasm unhurt through trial an example that should multiply their powers of action and resistance, by strengthening their moral purposes. I see no unnatural contrast, therefore, in any portion of Eliot's life. I recognise his old brave fearlessness in his present inculcation of a per- fect restraint and self-command ; I trace the rapid grandeur of his younger days in the composed magnanimity of morals which sustains him through this " last scene of all." Through the impediments that obstruct man's happiness in self-government, Eliot, as I have said, proceeds. Hem- med in as the mind is shown by him to be, he undertakes to point out the passage of escape from this " bondage and captivitie." The first impediment he notices is " feare." He goes through the various chances that may occasion it, with a pregnant personal reference ; he describes the " ef- fects of power sudden, various, and fearful ; whereia im- prisonment, wounds, and death, and that in a thousand forms, are threatened ; in which both sickness and poverty are involved :" but in none of these, he says, is there real cause of fear. He concludes his masterly examination !hus : " Feare must yield to happinesse, or happinesse to feare." Eliot then passes to what he calls " the next link of this chaine of our uuhappinesse, another part of the fetters that we beare" to that " inexplicable piece of vanity, our hope." This he considers in many respects a great evil. " But not to be mistaken," he says, " for want of some distinction in this case ; all hopes are not like, nor alleuemies of our gov- ernment, though all have one incertainty, by the trouble of expectation, and the dependance upon time. Ail have this vanity and weakness, that their rest is upon others, not in themselves, and in that respect they are obnoxious unto fortune : yet all have not a participation in the evil ; all are not sharers in the guilt ; some are natural, and have their principles in nature." The exceptions are occasion- ally treated, and with a prodigious mass of learned allusion. In conclusion, Eliot dwells with much intenseness on the perpetual agitations in which hope keeps a man ; the fear to lose, the jealousy, the satiety, aixl all the incidents that fall to it. Sorrow approaches next, and this is described as the worst and least excusable of the impediments yet named. For yet, Eliot says, fear has some resource of safety, hope has some desire of happiness. " These," he strikingly continues, " have somewhat for justification and apology, at least for ex- cuse and extenuation of their evils. But sorrow only is in- ferior to them all. No argument can be made for her de- fence ; she can pretend neither to happiness, nor safety, nor to what might be subservient to either. As the professed enemie to both, her banners are displayed. She fights against all safety, and bids defiance unto happiness. Her ends, her arts are in contestation of them both. Reason has nothing to alledge why sorrow should be used ; it pro- pounds no advantage in the end, no advantage in the act, but the mere satisfaction of itself, the sole expletion of that humour ; therefore is it the most improper of all others, as incomparably the worst, and that likewise the effects and consequence on the body will show." The conclusion of the subject is a subtle treatment of the selfishness of sorrow. It is not called forth, he says, by the misfortunes of our friends, for that feeling is pity ; nor by the triumphs of our enemies, for that is envy. " Sorrow is selfishness." For the " privation of whatever we hold dear, of whatever is in a tender estimation," Eliot suggests nobler and better rem- edies. Pleasure follows. "And thus we see how these enemies doe threaten us. Fear does anticipate, hope divert, sorrow overturn the happiness we look for ; or, rather, they fight against the happiness itself; fear secretly undermining, hope circumventing, sorrow charging it at full. But, above SIR JOHN ELIOT. 49 all, the most dangerous is behind PLEASURE '." The rea- son of the peculiar danger that attends the indulgence of pleasure is then shown to consist in the so false resem- blance it bears in itself to happiness, that it is like to steal through all the " guards and watches" that we keep, into our strongest " retreats and strongholds." Nothing, Eliot observes, in the course of much splendour of eloquence and reason, " nothing is so petulant and refractory, so exorbitant and irregular, as pleasure. No rule, no law. no authority cau contain it ; but, like Semiramis, admit her government for a day, she usurps the rule for ever." Having considered these impediments to happiness, these obstructions to the monarchy of man, Eliot indulges a spec- ulation on the design of Providence in thus appearing to have opposed, by the creation of such unworthy passions, its own vast and pure design. " But here an objection or wonder may be made, how, from one fountain, such different streams should flow ; how, from the self-same head, such contraries should derive them- selves ; and that greater wonder may arise how the great architect and workman, who gave being to all things in his divine wisdom, did so create the mind by the infusion of such principles, that the contrariety of their motions should threaten the destruction of his work ! For faction and di- vision imply this, and the dissension of the parts hazards the confusion of the whole. It's a great cause of wonder, in tlie thing, that it is so, but of far greater admiration in the reason. That he, thus wise, thus willing, thus able to give perfection to his art, should, in the masterpiece there- of, in his own portraiture and image, leave it with .imper- fection ! This is enough for wonder and admiration (if it were so). But yet the next has more the inscrutability of that reason ; which turns these imperfections to perfec- tions ; which in these contrarieties makes agreement ; by these differences, these divisions, these dissensions, works unity and concord ! This is a cause of wonder and admira- tion so transcendent, as human capacity cannot reach. O ! the incomprehensible glory of the wisdom by which such secrets are disposed ! We may see it almost in every thing, as the effect gives illustration to the cause ; and so in fact confirm, though we cannot penetrate, the reason it- self. All things, almost generally, will demonstrate it. If we look into the universality of the world^er the concurrence of its parts, are there more contraries than in the comon materials they consist of? Can there be more antipathy than the elements sustain? What greater enemies than fire and water can be found 7 What more violent than their wars ? And so with the air and earth. Dryness and moisture are opposed ; than which no things can be more different ; yet amongst these what a sweet league anc! ami tie is contracted 1 What mutual love and correspondency they retain ! Fire agrees with water, earth with air, the latter with the former, each severally with other, and so respect- ively with all ! and that which is the perfection of them all, the composition which they make, the frame of those ma- terials, the body so compounded, has its being and existence by the very mixture and diagram of these ! Nay, by the want of either, their dissolution is enforced. So necessary is the contrariety of the parts, and the opposition which they make, that, without it, the whole cannot subsist. As thus as in the generals, so in the particulars from thence. In the immense infinitie of creatures, amongst the dead or liv- ing, are their antipathies to be numbered ? Can arithmetic define the contrarieties they have? Stone opposing stone, metal against metal, plant against plant ; all war ! And animate beasts contrary to beasts, fowls against fowls, fishes against fishes ; in hate, in cruelty opposed, killing and de- vouring eretence. Do they apply that honor to their houses or hemselves? Is it the distinction of their families, or the faerdon of their merits ? If they will take it for distinction, tis but a name, and the poorest. The basest have as much, and small cause there is to glory in that subject. If it be he distinction of their families, the character of their houses, hough it once implied a glory, what can it be to them more han treasures are to porters ? But they will say it is the flory of their ancestors, the acquisition of their virtues, and from them it does descend hereditarily to us.' So may he porter say. That treasure is his master's, and by his will-imposed upon his shoulders ; but to whose use, and in whose right, has he received it ? in his owne, or to his owne irofit and advantage ? Masters would take this ill, if their ervants should usurp it ; and all men would condemn them, >oth of falsehood and ingratitude. So is it, in the other, an njury to their ancestors, if they pretend that honor to be heirs. They can but carry it to their use, as a monument f their virtues that acquired it, not in their own interest nd right, to the glory of themselves ; nay, not without their tiame, whose purchase cannot equal it, being but the sole nheritors of the fortune, not the worth. But if they waive leir families, and reduce it to themselves, between their irtues and their fortunes, how will they divide it? If for- une do appropriate it, then the most vicious, the most ig- orant, the most dishonorable may be honorable ; slaves, nd they, may be equal in this kind ; for not seldom have ley tasted the liberality of fortune, and this honor none villenvy them. If virtue be the loadstone that procures it, where is it ? Let them shew it in the effect, and then I ope they'll grant that all so qualified may be honorable. .11 men that have the virtue may participate. Where, len, is the propriety they challenge ? where is that pecu- ar interest they claim ? Certainly not in this. This hon- r will not bear it, which is the crown of virtue ! All per- sons, all orders, all degrees extant may be capable thereof, "'hey are without exception or exclusion, and, for such oth- r honors as are fancied, let them enjoy an immunity there- n ; I shall rather pity than malign them !" After this, as it were to while away the time, Eliot bring* p in aid of the general question new " squadrons of author- ties ;" disputing some, exalting; others. " In one word," e subsequently says, " honor is no other than to follow joodnesg. To be a servant unto virtue is to be master of 53 BRITISH STATESMEN. true honor, and without that service no honor can be had. Therefore the Romans, those most honorable above all men, in the temples which they dedicated, joined those of virtue and honor to each other, and to that of honor left no entrance or accession but through the gate of virtue ; shewing by that symbol where true honor rests, and how it is attained, which is by following virtue. But how is that ? how is vir- tue to be followed ? in a fair and easy pace ? will that con- duce to honor T can honor be so had ?" Eliot answers these questions with elaborate care, and closes the subject, after a strong reiteration of his protest against the hereditary claim, that honour should not be " appropriated to any or- der or degree, as is pretended," for that " to be gotten and descended even of princes is an accident," with an allusion to those enemies of Roman tyranny whose honour, because it was true, outshone the worst envy of the times. Eliot had a peculiar right to call to mind these men, for in his own nature he presented some of their noblest qualities the fiery energy of Cassius, and Brutus's brave philosophy. " Tacitus," he says, " notes it upon the funeral of Junia, where so many famous images were exhibited, the glory of their families, that Brutus and Cassius being omitted through the envy of those times, they ontshined the rest because their statues were not seen. ' Eo ipso quod effigies eorum non visebantur prefulgebant,' as he has it. They being so concealed, their glory was the greater. Which shews that honor is most had when it is least affected. Why, then, should this disturb us with ambition? why should it make a faction in our government ? why should it cause the distraction of our hopes ? Ambition cannot pur- chase it, the hope thereof is vain ; no art, no practice can acquire it but by the rule of virtue. And so only, as the virtue is intended, let virtue be our aim. Leave that desire of honor. Let it not be a worke of our affections, for in that case we must fight with honor as with enemies." The reader will have remarked with what a steady pur- pose, in how close a vice of logic, the main object and ar- gument of the treatise is kept. Eliot now examines his po- sition. " And thus we see from the several objects of desire how little cause there is for that disturbance and impulsion. Honor contains no reason, being rather an enemie than friend to that affection, flying and not following it. Beauty has as little, consisting but of vanity. Riches much less, that are but instruments of corruption. Also for fear, pov- erty, death, sickness, and the like, which have as small warrant and authority for that passion. Let us now search what more there is in Pleasure, that counterfeit of happi- nesse, and apply our laws to that ; for, being the most dangerous of our adversaries, it must the more cautiously be dealt with." To the subject of pleasure, accordingly, Eliot reverts, with the intention of impressing more emphat- ically in that regard the duty of self-restraint. A vast num- ber of authorities are brought to bear upon it, and Eliot takes occasion to express the most exalted admiration of Homer. He calls him a " prophet and a poet." He amuses himself, at the same time, with notices of Lucian' comments upon Homer, and pursues at great length the analogy be- tween the resistance of Ulysses to the Syrens, and a perfect self-restraint in man. He bound himself, he says, he re- stricted his liberty. "But wherewith was that done? What were the obligations he incurred? How shall this come to us ? Most properly and most readily, if we will endeavour but that means, if we will use the example of that worthy. The same safety is for us which was then wrought to him, and that that great prophet has delivered, with all sincerity and fulness. You know he makes Vlys- ses then on ship board. And that much experienced man, most curious of all knowledge, would needs add to that the musick of the Syrens, the perception of that excellence, though not trusting to himself for the resistance of their powers, in which both danger and destruction were implied. To avoid this, he feigns to be fastened to the mast ; his men, meanwhile, do intend their labours, having their senses stopped (vulgar appetites being not capable of such dainties). Now, as this musick was but pleasure, those Syrens the oc- casion, so the virtue were the cords that did restrain and bind him, reason the mast to which he was so fastened, philosophy the ship in which he sailed and went ; and in this ship, thus fastened to that mast, having had both the occasion and delight, he escap't the dangers threatened, and in that preserved the safety of his course. But what was that ? the same that is our government, the way to hap- piness and felicity ! this was his Ithaca, this was that course intended, and with these helpes, notwithstanding all the difficulties, this he accomplished and performed ! Now is not this a plain direction unto us ? Is not our remedy, our deliverance from this danger, aptly expressed in this mirror and example ? Our syrens are not more, their har- monies not stronger ; the same ship we have, with the same tackle ; the same ropes, the same mast continue still. Cannot our course, then, be the same ' Is not the same safety yet before us ? If we doubt that tackle will not hold us against those strong enchantments, let us stop our senses, as Vlysses did with his men, and first avoid the occasions. Nothing is lov'd, not known. Let us, then, stint our curi- osity herein, and the desire will leave us. But how is that? how shall that work be done ? Is it to shun all pleasure, all occasions ? That cannot be, nor is it requisite to this ? For virtue in the concrete is not absolute, nor to be so ex- pected in our monarchy," All this is subtly and well expressed ; and its deep spirit of philosophy has farther vent in the following remarkable passage : " We daily see it in experience, that those who have least affections are most violent (least, I mean, exten- sively, in respect of number, and the object) ; their passions being impetuous as contracted to that narrowness, and mas- terlessin that. As Tacitus notes it in Tiberius, who, being most reserved and hidden unto all men, to Sejanus yet was open and incautious. SMJ it is likewise unto others. The heart, being straightened by some objects, growcs more vio- lent in those passions ; the affection does inlarge as the scope thereof is lessened. Therefore we thus expose that precept of division : that pleasures may be a remission to the mind, not an intention that we may taste, not swallow them that the appetition may be obtemperate to reason, wherein only true pleasures doe consist." Carrying out his plan of reverting to the more dangerous impediments in the way of man's monarchy, Eliot now re- sumes the subject of sorrow : " Sorrow," he again insists, " is a perfect enemy, standing in such antipathy with happi- ness, that it is irreconcileable for our government : there- fore to this also we must oppose all the resistance we have, for this moves most violently against us ; and if it get possession of our hearts, if it once enter on that fort, all our happiness is gone, our monarchy is subverted ! For it destroys the end, the felicity we look for, and then the means is uselesse. It dissolves it in the principle, and so brings it to confusion. For where sorrow is no felicity can, be, and a mind so affected can have no taste of happiness. To encounter it, therefore, as physicians do diseases, we will first meet it in the cause ; for if that can be removed, the effect forthwith will follow it. The object being gone, the affection must fall after it." Eliot then points out, with renewed earnestness, the fallacy and folly of supposing that things which assume at times the aspects of sorrow are in reality sorrowful. He argues the great principle of the poet of nature, that " there's a Providence that shapes our ends, rough-hew them how we will." Above all, however, ha impresses the virtue of opposing- whatever appears in sor- row's shape. The exercise, he says, will be great, a disci- pline of humanity, and an invaluable example to others. "For are not solfliers sometimes heightened in their cour- age by the valour of their fellows ? Do not the valiant often receive new fortitude and spirits by the acts of magnanim- itie of others? Has not admiration, has not emulation this effect, to work the likeness of that virtue which it has seen before it ? to reduce to act the image of that idea which the apprehension has conceived, and, from the excellence of the pattern, to draw an antitype thereof. Wherefore were exhibited those bloody spectacles at Rome those butcheries of men those tragic representations to the peo- plebut to inure them to blood, to harden them in dangers, to familiar them with death ? And shall not better acts, to better ends directed, have the like power and operation 1 Shall not divinity, by the works of divine men opposing their afflictions, have as great force in precedent and exam- ple as these Romans had by that fighting with beasts, or contesting one another, to harden, to encourage the minds of the more virtuous against all difficulties, all dangers ?" Eliot, after remarking on Plato's noble commentary of the inscription on the Delphic oracle, yvdiQi atavrov, farther, urges this consideration: "It is required of man that he should profit many. It is a common duty of mankind, as far as ability may extend, still to do good to all, or, if not that, to some, as opportunity shall be granted him. Or, if he fail in that, yet to his neighbours, or at least unto himself. But here, in this act of passion and wrestling with calamities, there is advantage given for all. In this contestation of those things we call miseries there is a per- formance of all these. First, to thyself, thou profittest through the favor of the gods, that give thee this instruc- tion, this education, this trial, this knowledge of thyself, this confirmation of thy virtue. Then to thy neighbours, and all others, thou art profitable by thy precedent and ex- ample. Thy fortitude adds courage unto them, stout and valiant. How then how, in this excellence of duty, in this great duty of advantage of advantage to ourselves, of ad- vantage to our neighbours, of advantage nnto all we should repine and sorrow, as 'tis a prejudice to our happiness, it's a wonder unto reason !" With much beauty Eliot after- ward disposes of the last and best plea that would seem to remain for sorrow a friend at the grave of his friend. " Let me first ask this question of the sorrower : For whose sake that passion is assumed 1 for his that is so lost, or for thine own that lost him ? Answer to this, and make a justification for thyself. If thou wilt say for his, where is the evil that he suffers ? Wherein lies the reason of that grief? Design it out ; give it some character to express it. Is it in that he is dead ? in that he has made a transition to the elders ? That cannot be for death contains no evil, as SIR JOHN ELIOT. 53 our former proofs have manifested"; but is a priviledge of immortality, an eternity of happiness. Is it for that he is not ? that he is not numbered with the living * That were to lament but because he is not miserable. Thou canst not but acknowledge the distraction of thy fears, the anxiety of thy cares, the complexion of thy pleasures, the mixture of thy sorrows ! With all these, and upon all, no rest, no quiet, no tranquillity, but a continual vexation of thy thoughts, a servile agitation of thy mind from one passion to another ! And wilt thou grieve for him that has his freedom, his im- munity from these ? On the other side : is that sorrow for thyself, that thou hast lost a friend the sweetness, the ben- efit of his friendship thy comfort in society the assistance of thy business the sublevation of thy cares the extenua- tion of thy griefs the multiplication of thy joys thy cas- tle thy counsel thy sword thy shield thy store thy health thy eye thy ear thy taste thy touch thy smell the CATHOLICON of thy happiness (for all these are attri- butes of friendship) ? consider, first, whether friendship may not change, whether a breach and enmity may not fol- low it, as not seldom happens in the most strict conjunctions, with which then no enmity may compare ! Then 'twere better thus to have lost it, that evil being prevented^ and the obligation, the virtue kept entire ! But if that doubt pre- vails not ; if thou supposes! a perpetuity in that friendship, an assurance of that love ; is it not envy in thee, and un- worthiness thereof, for these respects, those temporary ben-. efits to thyself, to grudge at his happiness and felicity, which is infinite and celestial ? Justice may resolve how far this is from friendship, how unworthy of that name !" This sorrowing, Eliot afterward observes, is variously ap- plied. "Marcellus wept when he had taken Syracuse; Alexander, to have no more worlds to conquer." Conclu- ding with the phrase of the ethics, that to conquer what might be fancied real calamities "not only makes a man a conqueror, and wise, but equal, nay, superior to the gods ;" Eliot, in a passage of great eloquence, banishes sorrow from his government. Having thus disposed of the impediments to the monarchy of man of the obstructing passions Eliot now turns to the elevation of the monarchy itself, to the virtues by whose exercise and operation, condensed into two great purposes, the structure is to be raised. " Our next care must be how to obtain the virtue, how to possess the means which must procure that end ; and if that can be acquired, then is our felicity complete, then we have that perfection of our gov- ernment, the summum bonum in philosophy, the bonum publicum in our policy, the true end and object of the mon- archy of man. Two parts it has action and contemplation ; of which the first divides itself into two branches, as the virtue agendo aud dicendo, doing and saying, both which concur to action. By doing, is intended those travels and motions of the body that are necessary in the performance of those works which the duty aud office of our callings re- quire ; by saying, is meant that expression of the tongue whereby the intelligence of the heart is made communicable to others, and the thoughts are conveyed to the understand- ing of the hearers. In these two all action does consist, and so that part of the virtue and perfection. Both these have a rule, and level, and direction, which we did touch before, as the cornon duty of mankind. In that duty their office is implied, which is that it be profitable to many. In the general good and benefit it must be extended, first to all, then, after, to ourselves." Here Eliot interposes in a pa- renthesis this valuable reminder : " For all right of office is destroyed by the inversion of this order. To reflect first upon ourselves, our own particular interests, and then upon the general, is the contrary of duty, the breach of office and relation. Therefore to the publike both our words and ac- tions must first move, without respect, without retraction for our private. They must first intend the common good and benefit, and so descend by degrees unto ourselves. For as members are in bodies for the perfection of the man, so men in bodies politike, as parts of these societies, and for the conservation of the whole, and to that end their chief endeavour must incline." Eliot then, with a noble fervour, inculcating the practice of his own life, thus resumes: " Here some questions will arise ; how far this shall engage us ? what latitude it imports ? what cautions and excep- tions it admits ? Difficulties may occur, and then involve us in anxieties, with troubles and perplexities disturbing our tranquillities, distracting the quietness we are in. And shall we forsake that sweetness ? shall we neglect that fatness of our peace (as the fig and olive said of old) for the publike use and service? for the profit and commodity of others? YES ! no difficulties may retard us, no troubles may divert us, no exception is admitted to this rule ! but where the greater good is extant, the duty and office there is absolute, without caution or respect. That greater good appearing, nothing may dissuade us from the work no respect of ease, no respect of pleasure, no respect of the troubles we may meet ; but in performance of that duty, in accomplishment of that office, our troubles must seem pleasant, our labours must seem facile, all things easy, all things sweet therein ; for the rula is, Officium non fraction scqui, to observe the duty, not the benefit, to seek that end which is propounded in the general, not to propound an end and reason of our own. But danger may be incident ! it may betray our safeties, and expose our fortunes, expose our liberties, ex- pose our lives to hazard ! and shall we, then, adventure upon these ? shall we forsake our safeties ? shall we incur those dangers, for foreign interests and respects, for that which concerns but others, which is foreign unto us ? Yes, this likewise we are bound to; our obligation lies in this. No danger, no hazard may deter us. The duty and office stand entire." In this first division of material for Eliot's grand structure the reader will recognise the old principle of the ancients, in their separation of the characteristics of wisdom. The one, which we have just seen described, comprehending the beginning and end of all things to be done, p6vtcii, pru- dentia ; the other, which Eliot is now about to subjoin, com- passing the manner and ways conducing to those ends, ooia, sapientia. " The rest," he says, describing the latter, " all follow this, and are but servants to this mistress, several op- erations of this faculty having their appellations from their works. If we would ask what fancy does intend, what is the signification of that name, the answer is, 'Tis wisdom, the divine spirit of the mind, that hunts out all intelligence . If we may inquire what memory does import, the same an- swer serves, 'Tis wisdom, the influence of that faculty. For where the fancy cannot keep all things upon intention, memory is suggested for supply of that defect, and so makes up the wisdom. If we would know what judgment does implie,the resolution is the same. 'Tis but an act of wis- dom, the operation of that power. Therefore in this con- sists the perfection of all theory, the sum of all contempla- tion, and so that other part of virtue." Very beautiful is the passage that follows : " But how may this wisdom, then, be had ? Where may we seek and find it * The answer is most obvious : In the doctrines of philosophy ; for philoso- phy is the introduction to this wisdom ; so both the word and reason do import ; for by the word is signified only a love of wisdom, a love of that wisdom which we speak of; and that love will be accompanied with an endeavour to at- tain it, which is intended in the common sense and notion. For that science of philosophy is but a guest of wisdom, the study of that excellence : and BO Plato gives it in his gradations unto happiness. Philosophy is the first step he makes as the desire of wisdom; to which he adds the study and contemplation to attain it. From that study and spec- ulation he arises unto wisdom, from that wisdom unto hap- pinesse. So that philosophy is the principle. Wisdom does there begin, which has its end in happinesse, and happi- nesse in this order is the production of philosophy. In sum, all contemplation is but this, but this study of philosophy. If it ascend the heavens to view the glory of that beauty, philosophy does direct it. If it descend to measure the cen- tre of the earth, philosophy goes with it. If it examine na- ture and her secrets, philosophy must assist it. If it reflect on causes or effects, that turn is by philosophy. The con- templation of all ends, all beginnings, all successes, is pro- pounded by philosophy. So that philosophy, in contempla- tion, is as prudence in the virtues, the architect and chief workman, that gives motion and direction to the rest. Great is the excellence of philosophy, as it is chief in contempla- tion, and the accompaniment of that virtue. Greater much it is, as it is a principle to wisdom, and an instructor to the counsell. But beyond all comparison it is greatest, as it is the first degree to happinesse, as it leads on to that perfec- tion of our government ! No words can sufficiently expresse it, nor render a true figure of that worth. Being in con- templation, contemplation only must conceive it !" The question then occurs : Which of these great divisions of the virtues is to be considered the highest and most per- fect ? And Eliot answers it. As an exercise of the facul- ties, in pure and single grandeur, he pronounces at once in favour of philosophy, of contemplation ; but is careful to modify this immediately after, by pronouncing no wisdom complete without the active practices of virtue. Speaking on the first head, he urges the superior greatness of the contemplative philosopher, in regard that his thoughts are fixed on the final intelligence : " And he that levels at that mark,.though he come short, yet shoots higher than he that aims but at man. Besides, there is this advantage in it, that nothing can be contracted from the president to preju- dice or corrupt it, which lower examples may induce ; but much perfection may be added hjr the elevation of the mind. A chemicks in the disquisition of the elixar, though the wonder be not found, yet have extracted great varieties by that labour, excellent demonstrations by that work. It ii the way in part to resume the image we have lost, for that was not an outward figure, but a resemblance in virtue. If that similitude was laid in virtue, it cannot so aptly be re- paired as by the imitation of the Deity, in whom the exact- ness of all virtue does remain. This help philosophy does give us in the speculation of eternity ; and likewise it de- rives to our present view and prospect the knowledge of all antiquity, in whit their happiness consisted, what were the ingredient! of that compound, and how it was lost at first, 54 BRITISH STATESMEN. whence the judgment may resolve what is true happinesse to us." On the second head, however, Eliot immediately subjoins: " But if so, if philosophy and contemplation have this fruit, that these degrees of happinesse be in them, and so direct a way to happinesse itself, how is it that we in- volve us in such toils, such anxieties and perplexities, to acquire it ? It is a vanity and folly by such hard labour to effect, when a less trouble, a less travail comes so near ' If philosophy and contemplation can procure it, those sweet and gentle motions of the soul, what need the co-operations of the body, those actions and those passions, which virtue does require, and which so often force distraction, nay, de- struction upon men ? Yet they are needful, for without vir- tue true happinesse cannot be, and these compose the other half of virtue. For contemplation and action make the whole. Virtue consists only in both, and in part there is no perfection. Therefore to contemplation action also must be joined, to make a complete virtue, and by that virtue only true happinesse may be had." And, careful not to be misunderstood in what he had said before of the supremacy of contemplation, he adds (with an intimation that he will discuss the matter more fully in a future treatise a project stopped by death !) that contemplation must be considered the chief, for "contemplation is the beginning of all action, the principle of that motion : action but a derivative of that, and no derivation can be equal to the primitive, no second comparable with the first. All actions are but the emana- tion of the will, and the will receives her instance from the apprehension of the mind. But still," he adds, " both must be concurrent. Virtue is a composition of them both. Con- templation must prepare the matter of our happinesse, action dispose and order it." Eliot's great purpose now accomplished, he closes his la- bours with an exalted eulogy on the independence and su- periority of the mind. I present it to the reader entire. It is worthy to have closed a work of such nobility in concep- tion and power in execution. " This makes up that perfection of our monarchy that happinesse of the mind which, being founded upon these grounds, built upon these foundations, no power or great- ness can impeach. Such is the state and majesty, that no- thing can approach it but by the admission of these ser- vants ; such is the safety and security, that nothing can vi- olate or touch it but by these instruments and organs ; such is the power and dignity, that all things must obey it. All things are subject to the mind, which, in this temper, is the commander of them all. No resistance is against it. It breaks through the orbes and immense circles of the heav- ens, and penetrates down to the centre of the earth ! It opens the fountains of antiquity, and runs down the streams of time, below the period of all seasons ! It dives into the dark counsels of eternity and into the abstruse secrets of nature ! It unlocks all places, and all occasions are alike obvious to it ! It does observe those subtil passages in the air, and the unknown paths and traces in the deeps! There is that great power of operation in the mind, that quickness and velocity of motion, that in an instant it does passe from extremity to extremity, from the lowest to the highest, from the extremest point of the west to the horo- scope and ascendant in the east. It measures in one thought the whole circumference of heaven, and by the same line it takes the geography of the earth. The air, the fire, all things of either, are within the comprehension of the mind. It has an influence' on them all, whence it takes all that may be useful, and that may be helpful in its government. No limitation is prescribed it, no restriction is upon it, but in a free scope it has liberty upon all. And in this liberty is the excellence of the mind ; in this power and composition of the mind is the perfection of the man ; in that perfection is the happinesse we look for ; when in all sovereignty it reigns, commanding, not commanded ; when at home, the subjects are subject and obedient, not refractory and factious ; when abroad, they are as servants, serviceable and in readiness, without hesitation or reluctance ; when to the resolutions of the counsell, to the digests of the laws, the actions and af- fections are inclined this is that summum bonum, and chiefe good, which in this state and condition is obtain'd '. The mind for this has that transcendence given it, that man, though otherwise the weakest, might be the strongest and most excellent of all creatures. In that only is the excel- lence we have, and thereby are we made supei.'or to the rest. For in the habits of the body, in all the faculties thereof, man is not comparable to others, in sense and mo- tion far inferior to many. The ancients suppose it the in- discretion of Epimetheus, having the first distribution of the qualities, to leave us so defective, when to the rest he gave an excellence in their kinds. As swiftness and agility to some, strength and fortitude to others ; and whom he found weakest, these he made most nimble, as in the fowls and others it is seen ; and whom he found most slow, to these he gave most strength, as bulls and elephants do expresse it ; and so all others in their kinds have some singularity and excellence, wherein there is a compensation for all wants ; some being armed offensively and defensive, and in that having a provisional security. But man only he left naked, more unfurnished than the rest : in him there was neither strength nor agility to preserve him from the danger of his enemies multitudes exceeding him in either, many in both to whom he stood obnoxious and exposed, having no resistance, no avoidance for their furies ! But in this case and necessity, to relieve him upon this oversight and improvidence of Epimetheus, Prometheus, that wise states- man, whom Pandora could not cozen, having the present ap- prehension of the danger by his quick judgment and intelli- gence, secretly passes into heaven, steals out a fire from thence, infuses it into man, by that inflames his mind with a divine spirit and wisdom, and therein gives him a full sup- ply for all ! For all the excellence of the creatures he had a far more excellence in this. This one was for them all. No strength nor agility could match it. All motions and abilities came short of this perfection. The most choice arms of nature have their superlative in its arts. All the arts of Vulcan and Minerva have their comparative herein. In this divine fire and spirit, this supernatural influence of the mind, all excellence organical is surpast ; it is the transcendent of them all ; nothing can come to match it ; nothing can impeach it ; but man therein is an absolute master of himself; his own safety and tranquillity by God (for so we must remember the ethicks did expresse it) are made dependant on himself. And in that self-depend- ance, in the neglect of others, in the entire rule and domin- ion of himself, the affections being composed, the actions so directed, is the perfection of our government, that summum bonum in philosophy, the bonum publicum in our policy, the true end aad object of this MONARCHY OF MAS." THOMAS WENTWORTH, EARL OF STRAFFORD. 1593-1641. THOMAS WENTWORTH was born on the 13th of April, 1593, in Chancery Lane, at the house of his mother's father, Mr. Robert Atkinson, ; bencher of Lincoln's Inn.* He was the eldes of twelve children, and the heir of " an estate which descended to him through a long train of ancestors, who had matched with many heiresses of the best families in the North worth at that time 6000/. a year."t His father, Sir William Wentworth, continued to hold a manor which his ancestors had held from the time of the Conquest downward. J The youth of Wentworth was passed, anc his mind received its earliest and strongest im- pressions in the midst of the aristocratic influ- ences. And he was by no means taught to dis- regard them. He must have considered the various ramifications of the family pedigree with a very early pride and zeal, to have been so well prepared, on his sudden elevation to the peerage, with the formidable list of pro- genitors that were cited in his patent. It was there set forth, among other grand and notable things, that he was lineally descended from John of Gaunt, and from the ancient barons of Newmark, Oversley, and so forth ; and that his ancestors, either by father or mother, had matched with divers houses of honour ; as with Maud, countess of Cambridge, daughter to the Lord Clifford of Westmoreland ; with Margaret, daughter and heir to the Lord Philip de Spencer ; the lords D'Arcy of the North ; Latimer, Talboys, Ogle ; Ferrers, earl of Dig- by ; Quincy, earl of Winchester ; Beaumont, earl of Leicester ; Grantmesnil, baron of Hinc- ley and lord-high-steward of England ; Pev- eril, earl of Nottingham ; Leofric, earl of Mer- cia ; and Margaret, duchess of Somerset, grand- mother of Henry VII. It was from the high conventional ground of such proud recollec- tions that Thomas Wentworth looked forward to the future. Little account of his early education has been preserved, but he afterward proved that no accomplishment suited to rank and lofty ex- pectations had been omitted ; and it is charac- teristic of the encouragement given by his fa- ther to his aristocratic tendencies, that the col- lege selected for the completion of his studies should have been that which was founded by the illustrious grandmother of Henry VII., whom he claimed as one of his ancestors. He was sent to St. John's College, Cambridge.il Here he soon gave evidence of the powers of a fine intellect, and of that not ungenerous warmth of disposition which is lavish of grati- tude and favour in return for personal service. He met with a tutor, Mr. Greenwood, whose useful attentions to him at this time were se- cured for the future by a prompt appreciation * Radcliffe's " Essay towards the Life of my Lord Straf- forde," published as an appendix to " The EARL OF STRAF- FOBDE'S LETTERS AND DISPATCHES," 2 vols. folio, Dublin edit., 1740, vol. ii., p. 429. Biographia Britannica, vol. vii., p. 4172. t Knowler's Dedication to the Letters. t An account of the Wentworths will be found in Collins ; and see Thoresby's Ducatus Leodiensis. t) Collins'* Peerage of England, vol. ii., p. 20, 21. I Radcliffe'* Essay. of their value ; he availed himself of them through his after life, and never at any time failed faithfully, and even affectionately, to re- member and reward them.* I may add, in far- ther proof of this characteristic quality, that we find him shortly after profiting by the ac- tive service of a person named Radcliffe,t con- nected with his family by some claims of clan- ship, and that, from this time, Radcliffe never left his side. He had been found useful. Wentworth left his college while yet very young ; he cannot have been more than eigh- teen. But he had received benefits from his residence there, and he did not fail to exhibit his recollection of these also, when the power and opportunity arose.:): Not that it required, in this particular case, the circumstance of ser- vice rendered to elicit Wentworth's return. The memory of his proudly-recollected ances- tress was abundantly sufficient to have called it forth, "being," as he himself, shortly after this, writes to one of his country neighbours, " I must confess, in my own nature, a great lover and conserver of hereditary good-wills, such as have been amongst our nearest friends. " When a hereditary good-will hap- pened to be associated with one of his greatest ancestral glories, it ran little chance of being lessened or lost. The next circumstance I trace in the scanty memorials of this portion of his history is his acquisition of the honour of knighthood. II This title was then to be purchased at a reasonable rate of money ; doubtless Wentworth so pur- chased it ; and the fact may be taken, along with the evidences I have already named, in farther corroboration of the development of the aristocratic principle. Though still extremely young, this remarkable person had been left to all the independence of mature manhood ; was treated with deference by his father ; and even now, having not yet passed his eighteenth year, * I shall have other occasions to allude to this. It may be worth while to add, that Greenwood was himself a man of ancient family, and not likely, on that account, to prove less suitable to Wentworth. See Biog. Brit., vol. vii., p. 4173, note C. t Strafford Papers, vol. i., p. 9. t Strafford Papers, vol. i., p. 125, 189 ; ii., p. 390. I may allude to this again. On his promotion to the earldom, two years before his death, he acknowledged, in warm phrase, the congratulations of the provost and fellows of his old col- lege : " After my very hearty commendations, so mindful 1 am of the ancient favours I received in that society of St. Johns's whilst I was a student there, and so sensible of your present civility towards me, as I may not upon this invita- tion pass by either of them unacknowledged. And there- fore do hereby very heartily thank you for renewing to me the sense of the one, and affording me the favour of the other. And in both these regards shall be very apprehensive of any occasions, wherein I may do any good offices either towards that house or yourselves, the provost and fellows thereof." $ Strafford Papers, vol. i., p. 25. I! The writer in the Biog. Brit., and Mr. MacDiarmid, assign a later period to this, but without authority. Rad- cliffe distinctly, in his Essay, names the year 1611; and there is eitant a letter of Sir Peter Frecheville's to Went- worth's father, Sir William Wentworth, dated in this year, which commences thus : " I do unfeignedly congratulate he honourable fortunes of my cousin, your eldest son ;" in reference, s must be supposed, to the youth's new title. While on this subject I may add, that Mr. MacDiarmid has also fallen into error in attributing certain praises (vol. i., >. 1, of the Strafford Papers) to Thomas Wentworth.; they listmctly relate to his brother William, then educating for '.he bar. 56 BRITISH STATESMEN. aspired to the hand of Frances, eldest daughter of the Earl of Cumberland, whom he married before the close of 1611.* If it has seemed strange to the reader that the immediate suc- cessor to an ancient patrimony should have sought to feed his love of rank by the purchase of a paltry knighthood, here is the probable reason that influenced him. A title of any sort matched him more fittingly with a lady of title. Immediately after his marriage, in November, 1611, he went into France.! Mr. Greenwood, his former tutor, joined him there, and remain- ed with him.J Strange events at that moment shook the kingdom of France. Henry IV. assassinated, the Parliament invaded and beset, Marie de' Medicis regent, Sully disgraced, Concini in fa- vour ! These things sunk deep into the mind of Wentworth. " II put faire des lors," ex- claims the Comte de Lally-Tolendal, " de pro- fondes reflexions sur les horreurs du fanatisme, sur les abus du pouvoir, sur le malheur d'un pays depourvu de ces loix fixes, qui, dans 1'im- possibilite d'anneantir les passions humaines, les balancent du moins 1'une par 1'autre, et les forcent par leur propre interet a servir, meme en depit d'elles, 1'interet general."^ Without adopting M. de Lally-Tolendal's exact con- struction, it is certain that the events I have named, occurring as it were in the immediate presence of Wentworth, || were not calculated to weaken his impressions in favour of strict establishment, and in scorn of popular regards. The image of a Ravillac, indeed, haunted his after life !f Meanwhile events, in themselves not so startling and painful as these, but not the less ominous of a stormy future, were occurring in England. In the biography of Eliot I confined myself strictly to an explanation of the circum- stances of general history under which he en- tered his first Parliament : I must now retrace my steps. James I. had many reasons to be weary of his own kingdom, when the death of Elizabeth seated him on the English throne. He came to this country in an ecstasy of infinite relief. Visions of levelling clergy and factious nobles had vanished from his aching sight. In hope- ful conceit, he turned to his Scotch followers, and remarked, they had at last arrived in the land of promise. His first interviews with his English coun- sellors were no less satisfactory. " Do I mak * RadclifiVs Essay. t [He married Margaret, eldest daughter of Francis Clif- ford, fourth Earl of Cumberland : for which statement, see Strafford's life in Jesse's Court of Stuarts. C.] t Radcliffe's Essay. . I) This is the only remark with any pretension to origi- nality I have been able to find through the course of a long " Essai sur la Vie de T. Wentworth, Comte de Strafford," which the Comte de Lally-Tolendal (penetrated with pro- found disgust at the patriotic party in England, and with the striking resemblance between Strafford's fate and that of his own unfortunate father) undertook to write for the in- struction of his countrymen. He perpetrated a very ridic- ulous tragedy on the same subject. II He does not appear to have visited France only at this period, as has been supposed. He went on to Venice, where he formed a friendship with Sir Henry Wotton. We find lim afterward, in his correspondence, contrasting to his friend the ambassador, " these cold and sluggish climates," with " the more sublimated air of Italy." Papers, vol. i., p. 5. Wotton continued his ardent friend and admirer. T His letters afford very frequent evidence of this. the judges'! do I mak the bishops?" he ex- claimed, as they pointed out to his delighted attention the powers of his new dominion " then, Godis wauns ! I mak what likes me law and Gospel." There is enough of shrewd- ness in this remark to express James's charac- ter in that respect. He was not an absolute fool, and little more can be said of him. It is a pity he was not, since he was deficient in much wisdom. It is the little redeeming leaven which proves troublesome and mis- chievous ; the very wise or the very foolish do little harm. His " learning," such as it was though not open to the serious censure which is provoked by his preposterous vanity in the matter of " kingcraft," his disgraceful love of personal ease, and his indecent and shameless fondness for personal favourites never furnished him with one useful thought, or a suggestion of practical benefit.* He wrote mystical definitions of the prerogative, and po- lite " Counterblasts to Tobacco ;" issued forth damnation to the deniers of witchcraft,! and poured out the wraths of the Apocalypse upon popery ; but whenever an obvious or judicious truth seemed likely to fall in his way, his pen infallibly waddled off from it. He expounded the Latin of the fathers at Hampton Court,f but avoided the very plain and intelligible Latin of Fortescue. Not so the great men, his opponents, who were now preparing for a constitutional strug- gle, of which Europe had as yet given no ex- ample. At the close of Elizabeth's reign th^y had risen to a formidable party ; they had wrun>.: * Bacon's opinion has been urged against this, as evidence of genuine praise or of the basest sycophancy. He dedica- ted his greatest work, the "Advancement of Learning," to James. It is worth while, however, to quote the exact words of this dedication. They are very curious. If they were meant seriously, never was so much flattery ingeni- ously mixed up with so much truth. They savour much more of irony. " I am well assured," writes Bacon, " that this which I shall say is no amplification at all, but a posi- tive and measured truth ; which is, that there hath not been, since Christ's time, any king or temporal monarch, which hath been so learned in all literature and erudition, divine and human. For let a man seriously and diligently revolve and peruse the succession of the emperors of Rome, of which Csesar the dictator, who lived some years before Christ, and Marcus Antoninus, were the best learned ; and so descend to the emperors of Gnccia, or of the West, and then to the lines of France, Spain, England, Scotland, and the rest : and he shall find his judgment is truly made. For it seemeth much in a king, if by the compendious extrac- tions of other men's wits and labour, he can take hold of any superficial ornaments and shows of learning, or if he counte- nance and prefer learning and learned men : but to drink in- deed of the true fountain of learning, nay, to have such a fountain of learning in himself, in a king, and in a. king born, is almost a miracle." This makes out too formidable an ex- ception to be quite complimentary, and perhaps James's ir- reverent joke about the book itself was not unconnected with its dedication. " It is like the peace of God," he said, " it passeth all understanding !" It was a fair retort upon the sycophancy of James's more profligate flatterers, when Henry IV. of France admitted that he might be " Solomon, the son of David." t See the preface to his " Dsemonologie." t An extraordinary account of the indecent conduct of James at this conference is given by Harrington, an eye- witness (Nugae Antiquse, vol. i., p. 181), and is worth refer- ring to. Barlow, a partial observer of the king and bishops, gives a long account of the discussion in his Phojnix Britan- nicus, p. 140, et y., edit. 1707. See, also, Winwood's Memorials, p. 13. James and his eighteen abject bishops boasted that they had thoroughly beaten their four Puritan, adversaries ; and beat them, it must be confessed, thy did, with the rudest and most atrocious insults ; certainly not with learning. In the latter respect, Dr. Reynolds, tha Puritan leader, had the advantage of perhaps any other matt in England. Se Hallam's Const. Hist., vol. i., p. 405. EARL OF STRAFFORD. 57 concessions even from her splendid despotism, and won for themselves the courteous title 'of "mutineers."* They soon found that they had little to fear from her successor. He had no personal claims on their respect,! no dignity to fence in royalty. They buckled on the ar- mour of their privileges, and awaited his ludi- crous attacks, without respect and without fear 4 James soon commenced them, and with a hand doubly defenceless. He had impoverished his crown by conferring its estates on his needy followers ; he had deprived it of the sympathy and support of the wealthier barons, in disgusting them with his indiscriminate peerage creations. From this feeble hand, and a head stuffed with notions of his royal " divinity," he issued the first of his proclama- tions for the assembling of Parliament. It contained a deadly attack on the privileges of the House of Commons, in an attempt to regu- late the Parliamentary elections. This was re- sented and defeated, and so the fight began. II * Sloane MSS., 4166. Letter of Sir E. Hoby to Sir T. Edmonds, dated Feb. 12, 1605. See, also, Hallam's Con- stitutional Hist., vol. i., p. 401. A curious tract in the Sloane MSS., 827, confirms the loss of Elizabeth's popular- ity, and states its cause, in a short history of the queen's death, and the new king's accession. See, too, the pro- ceedings in the case of Peter Wentworth (a Cornish Went- worth), Parl. Hist., vol. iv., p. 186, et seq. The name of Wentworth fills up more than one illustrious era of the English history. t The news of the progress of his journey from Scotland had travelled before him ! " By the time he reached Lon- don," says Carte, a friend of the Stuarts, " the admira- tion of the intelligent world was turned into contempt." The reader will find good reason for this in Harrington's Nugte Antique, vol. i., p. 180 ; Wilson, in Kennet, vol. ii., p. 667 ; Neal, p. 408, quarto edit. ; Fuller, part ii., p. 22 ; Hallam, vol. i., p. 402, 403. Nor is it likely that this con- tempt should have been diminished by his personal aspect, which Weldon (quoting Balfour) has described, and Saun- derson (in his Aulicus Coquinarise an answer to Weldon's book) has not dared to contradict. " He was of a middle stature," says Balfour, " more corpulent throghe his clothes then in his body, zet fatt enouch ; his clothes euer being made large and easie, the doubletts quilted for steletto proofe ; his breeches in grate pleits and ful] stuffed ; he was naturally of a timorous dispositione, which was the gratest reasone of his quilted doubletts ; his eye large, euer roulling after aney stranger cam in his presence ; insomuch as maney for shame have left the roome, as being out of countenance; his beard was werey thin ; his toung too large for his mouthe, vich euer made him speake full in the mouthe, and made him driuke werey uncomelie, as if calling his drinke, wich cam out into the cupe in eache syde of his mouthe ; his skin vas as softe as tafta sarsnet, wich felt so becausse he neuer washt his hands, onlie rubbed his fingers' ends slightly vith ihe vett end of a napkin. His legs wer verey weake ; having had, as was thoughl, some foule play in his youlhe, or rather, befor he was borne ; thai he was not able lo stand at seuin zeires of age ; that weaknes made him euer leaning on other men's shoulders." " His walk," subjoins Wilson, "was ever circular." The satirical Fran- cis Osborne has certainly completed this picture : " I shall leave him dressed for posterily," says that writer, " in the color I saw him in, the next progress after his inaugura- tion ; which was as green as the grass he trod on ; with a feather in his cap, and a horn, instead of a sword, by his side. How suitable to his age, calling, or person, I leave others to judge from his pictures." Trad. Mem., c. xvii. I An ominous hinl of relative advantage may be quoted from the Journals, vol. i., p. 156. " That a people may he without a king, a king cannot be wilhout a people." 9 Sec Bolingbroke on Ihe History of England, p. 237, 238. Harris's Life of James, p. 69, 71. " A pasquil," says Wil- son, " was pasted up at St. Paul's, wherein was pretended an art to help weak memories to a competent knowledge of the names of the nobility." P. 7. II See Commons' Journals, p. 147, et seq., 166 ; Carte, vol. iii., p. 730 ; Winwood's Memorials, vol. ii., p. 18 ; Bo- lingbroke's Remarks, p. 250. Hume observes that "the facility with which he departed from this pretension is a proof that his meaning was innocent" (vol. v., p. 12). Fear, Jus saving characteristic, is the more obvious solution. H The popular party proclaimed their intentions at once with boldness, and in explicit lan- guage. They warned the king of his impru- dence ; they spoke of the dissolute and- aban- doned character of his court expenses. They did not refuse to assist his wants, but they maintained that every offer of money on their part should be met with corresponding offers of concession on the part of the crown. They brought forward a catalogue of grievances in the practice of the ecclesiastical courts, in the administration of civil justice, and in the con- duct of the various departments of the govern- ment. For these they demanded redress.* Artifice and intrigue were the first answers they received, and a prorogation the last. James had now sufficient warning, but, nev- ertheless, plunged blusteringly forward. With no clear hereditary right to the crown, t he flouted his only safe pretension the consent and authority of the people. With no personal qualities to command respect, he proclaimed himself a " lieutenant and vicegerent of God," and, as such, adorned and furnished with " sparkles of divinity." In total ignorance of the nature and powers of government, nothing could shake his vain conceit of the awe to be inspired by his regal wisdom. The Commons, however, left no point of their claims unas- serted or uncertain ; they reserved no " arcana imperii," after the king's fashion. They drew up in committee a " Satisfaction" of their 1 proceedings for the perusal of James, who makes an evident allusion to it in a letter of the time.f It is vain to say, after reading such documents as this, that liberty, a discrimina- tion of the powers and objects of government, was then only struggling to the light, or had achieved no distinct form and pretension. It was already deep in the hearts and in the understandings of men. " What cause," they eloquently said, " we, your poor Commons, have to watch over their privileges is evident in it- self to all men. The prerogatives of princes * They tried to get the Upper House to join them in these complaints, but vainly. Their lordships refused. See Som- ers's Tracts, vol. ii., p. 14 ; Commons' Journals, p. 199, 235, t Mr. Hallam has admirably and fully discussed this point, Const. Hist., p. 392-400. I have no doubt the king was able to feel his want of clear pretensions acutely ; but his blundering shrewdness taught him no better mode of con- cealing it than by magnifying the inherent rights of primo- genitary succession, as something indefeasible by the Le- gislature. We find him frequently, with much testiness, reminding the Commons, " you all know, I came from the loins of your ancient kings ;" a sure proof that he feared they did not know it. See Parl. Hist., vol. v., p. 192. t This remarkable paper will be found at length in Petyt's Jus Parliament, ch. x., p. 227 ; and is extracted into Mr. Hatsell's first vol. of Precedents, Appendix, No. 1. Hatsell states that it was not entered on the Journals. This is part- ly a mistake, for at p. 243 the first paragraph will be found. Rapin alludes to it ; and Mr. Hallam has made very spirit- ed use of it (vol. i., p. 418), though he seems to labour under misapprehension in stating that Hume was ignorant of its existence. Hume, on the contrary, makes special allusion uueny , auriuuies 11 LU uuuua aim oanuys ; anu inclines to think that it had not been presented to the monarch by the House. The last supposition is certainly incorrect ; and Mr. Hallam produces a letter which appears to indicate* the feelings with which the king regarded it (vol. i., p. 419). About this time, it may be added, mention is made in the Journals that fresh seats were required for the extraordi- nary attendance of members. P. 141. 58 BRITISH STATESMEN. may easily, and do daily, grow. The privi- leges of the subject are, for the most part, at an everlasting stand. They may be, by good providence and care, preserved ; but being once lost, are not recovered but with much disquiet." Another session succeeded, and the same scenes were again enacted, with the same re- sults. In vain were monopolies cried down, and the merchants lifted their voices unavail- ingly against the inglorious peace with Spain. After this prorogation, James's obstinacy held out for upward of two years, when want of money overcame it. The session of 1610 was a most distinguished one, and called the unjust prerogative to a rigorous reckoning. James had most illegally, in the face of two great charters, and twelve other Parliamentary enactments, imposed cer- tain duties on imports and exports. Bates, a Turkey merchant, refused payment of one on currants, and carried his case into the exche- quer.* The judges there refused him justice, in terms more disgraceful and subversive of liberty than even the iniquitous decision. Against this, and in no measured terms, the Commons now protested. Lawyers, more learned than the judges, exposed, in masterly reasoning, the ignorance and corruption of Barons Fleming and Clark. Sir Francis Bacon appealed with all his eloquence to the rever- ence of past ages, and the possession of the present ; but Hakewill proved, t in an argu- ment of memorable clearness and vast knowl- edge, that the only instances adduced were on forbidden articles, and therefore false as pre- cedents ; and Bacon appealed in vain. Still more vain was the rage of the monarch, who hastened to the House to lay his arrogant commands upon them. He told them, after a comparison savouring of blasphemy, that it "was seditious in subjects to dispute what a king may do in the height of his power. "J They answered in a remonstrance of great strength and spirit, and of much learning.^ After producing a host of precedents, they passed a bill against impositions ; but, to use Hume's phrase, " the House of Lords, as is usual, defended the barriers of the throne," and threw out the bill. |[ * A very learned preface to the report of the case of Bates in the State Trials, comprising the entire argument on the question, has been written by Mr. Hargrave. Coke, in his 2d lust., p. 57, proves the illegality of the decision ; though, in his Reports (p. 12), he had inclined to its favour, on other grounds than those stated by the judges. See, also, Birch's Negotiations, and an eloquent and very learned note on the subject of impositions, in Mr. Amos's Fortescue, p. 28-31, 142, 143. I cannot leave the latter work without adding that, various and extensive as is the learning displayed in it, it is for those only to appreciate Mr. Amos's profound ac- quaintance with constitutional law and history who, like myself, have to acknowledge, with the deepest gratitude, information personally communicated. t See his speech, State Trials, vol. ii., p. 407. Mr. Hal- lam's statement of the discussion is interesting, vol. i., p. 433-438. t It is worth referring to this speech, as given in King James's Works, p. 529-531. The discontent it provoked will be found by referring to Winwood's Memorials, vol. iii., p. 175 ; Commons' Journals, p. 430 ; and Miss Aikin's James, vol. i., p. 350. $ It will be found at length in Somers's Tracts, vol. ii., p. 159. II Hume, referring to this measure, observes : " A spirit of liberty had now taken possession of the House. The leading members, being men of independent genius and large views, began to regulate their opinions more by the future I may allude a little farther to the proceed- ings of this distinguished session, since they illustrate forcibly the exact relative positions of the crown and Parliament at the period of Wentworth's return. Unwearied in exertion, the House of Com- mons now fastened on a work that had been published by Dr. Cowell, one of the party of civilians encouraged against the Common law- yers, and which contained most monstrous doctrines on the subject of kingly power.* They compelled James to suppress the book. The wily Cecil had striven to effect a compro- mise with them, by the proposition of a large yearly revenue to the crown, in return for which he promised that the liberality of the sovereign in the matter of grievances should be commensurate. He had entreated, how- ever, without success, that the subsidies should have priority : the Commons were resolute in enforcing the condition before yielding the grant. The fate of their impositions' bill had instructed them. Cecil now pressed again for the subsidies; they persisted in the farther entertainment of grievances. They complained of the ecclesiastical high commission court, and its disregard of the common law ; they protested against the recent system of substi- tuting proclamations for laws ; they sought redress for the delays of the courts in granting writs of prohibition and haebeas corpus ; they questioned the right of the council of Wales to exclude from the privileges of the common law four ancient English counties ; they remon- strated against patents of monopolies, and a late most unjust tax upon victuallers ; but, above all, they strove to exonerate the country from the feudal burdens, t They did not dis- pute that these in right belonged to the crown, but they negotiated for their abolition ; for they never then insisted on a right, except with proofs and precedents in their hands for claim- ing it as such. In that particular stage of the contest, the necessity and justice of such cau- tion is apparent, and forms an important fea- ture of their struggles. The negotiation now commenced. James did not care to abolish purveyance,t which was sought for ; but with that was coupled a demand for the exchange of every other kind of tenure into that of free and common socage. " What !" said James, " reduce all my sub- jects, noble and base, rich and poor, to hold their lands in the same ignoble manner 1" The indignant " father of his people" would not listen to it, and, after some delay, a compro- mise was struck. The tenure by knight ser- vice was retained ; but its most lucrative and oppressive incidents, such as relief, premier seisin, and wardship, were surrendered, along consequences which they foresaw, than by former prece- dents which were laid before them ; and they less aspired at maintaining the ancient constitution than at establish- ing a new one, and a freer, and a better" (vol. v., p. 34). However true this may be in reference to future proceed- ings, it is certainly incorrect as applied to the present. * See Roger Coke's Detection, vol. i., p. 50, edit. 1694. These passages have since been suppressed, and it is now considered a useful book. See Hume's admirable note, vol. v., p. 37. t See the Parl. Hist., vol. v., p. 225-245. Also, the Com- mons' Journals for 1610. Winwood, vol. iii., p. 119. t An admirable note on purveyance will be found in Amos's Fortescue, p. 134, 135. <) Parl. Hist,, vol. v., p. 229, et seq. EARL OF STRAFFORD. 59 with purveyance. Still the Commons delayed, for Cecil's demands were exorbitant. They resolved to pause some short time longer, that they might ascertain the best mode of levying so large a sum with the least distress to the nation. The session had already been pro- tracted far into summer ; a subsidy was grant- ed for immediate wants, and a prorogation took place. The loss of the Journals of the ensuing ses- sion renders it difficult to follow their proceed- ings. It is certain, however, from other sour- ces, that the events of the interim had resolv- ed the leaders of the House on abandoning the terms proposed. They saw no signs of great- er justice at the outports, or in the proclama- tions, or in the ecclesiastical courts. The most important of their petitions on particular griev- ances had been refused, and now, when they sent one up to the throne for the allowing pris- oners on a capital charge to bring witnesses in their own defence, the king protested to them that, in his conscience, he could not grant such an indulgence. " It would encourage and mul- tiply forgery," he said : " men were already ac- customed to forswear themselves even in civil actions ; what less could be expected when the life of a friend was at stake 1"* Such was the exquisite philosophy of James. A coolness en- sued ; threats followed ; a prorogation was again the intermediate argument, with a disso- lution within nine weeks as the final one. Those nine weeks were employed in vain in the pur- pose of weakening the popular party, and on the day threatened, seven years from their first assembling, the dissolution took place, t The interval which ensued was one of profu- sion, debauchery, and riot in the court,:}: and of attempted oppression and wrong against the people. Fortunately, the spirit of liberty had strengthened to resistance. " The privy seals are going forth," says a contemporary writer,^ " but from a trembling hand, lest that sacred seal should be refused by the desperate hard- ness of the prejudiced people." It was refused ; and the shameful expedient was abundantly re- sorted to by the court, of selling the honours of the peerage, and of creating a number of he- reditary knights, who should pay tribute for their dignity. H All would not serve, however ; and Bacon, reckoning somewhat unduly on his own skill,1T prevailed upon the king to summon another Parliament. At this eventful moment Wentworth came * Commons' Journals, p. 451. Lords' Journals, p. 658. Winwood, vol. iii., p. 193. t A curious letter of the king 1 , illustrative of the angry feelings that prevailed at the dissolution, exists in Mars- den's State Papers, p. 813. See Hallam, vol. i., p. 451. t Observe the account in Fulke Lord Brooke's Five Years of King James ; Mrs. Hutchinson's Memoirs ; Weldon, p. 166; Coke's Detection, vol. i., p. 42-49. The court pre- sented at this moment a disgusting scene of profligacy. It requires a strong stomach even to get through a perusal of the details. Ladies rendered themselves especially notable, not merely for laxity of virtue, but for the grossest drunken- ness. See Nugas Antique, vol. i., p. 348. <) In Winwood's Memorials, vol. iii. II An account of this proceeding will be found in Lingard's History, vol. vi., quarto edit., from Somers's Tracts. See, also, Hallam, vol. i., p. 461 ; Aikin, vol. i., p. 389. The project appears to have been the suggestion of Salisbury. See Baker's Chronicle, p. 416, edit. 1679 ; Guthrie, vol. iii., p. 704 ; and Macaulay's History, vol. i., p. 75. IT MS. in the possession of Mr. Hallam, Const. Hist., vol. i., p. 461, 462. back to England, and was immediately return- ed knight of the shire for Yorkshire.* It is now my duty to follow him through the commen- cing passages of his public life, and I hope to do this faithfully. I have felt very strongly that the truth lies (as it generally does in such ca- ses) somewhere between the extreme state- ments that have been urged on either side, by the friends and the foes of Wentworth. One of his latest biographers,t who brought to his task a very amiable feeling and desire which wasted itself at last, however, in an ex- cess of sweetness and candour sets out with a just remark. " The factions which agitated bis contemporaries," Mr. MacDiarmid observes, " far from ceasing with the existing generation, divided posterity into his immoderate censurers or unqualified admirers ; and writers, whether hostile or friendly, have confounded his merits and defects with those of the transactions in which he was engaged. Even in the present day, an undisguised exposure of his virtues and vices might be misconstrued by many into a prejudiced panegyric, or an invidious censure of man as well as of the cause." Now from this I shah 1 certainly, in some measure, secure myself by the course I propose to adopt. The collection of documents known by the title of the " Strafford Papers" seems to me to contain within itself every material necessary to the il- lustration of the public and private character of Ihis statesman, on an authority which few will be disposed to contest, for the record is his own. The general historical statement I have already given was necessary to bring Wentworth more intelligibly upon the political scene ; but hereafter I mean to restrict myself almost entirely to the authorities, illustrations, and suggestions of character that are so abun- dantly furnished by that great work. The let- ters it contains, extending over a period of more than twenty years, comprise the notices of the country gentleman, the anxieties of the Parliament-man, the growing ambition of the president of the North, the unflagging energy of the lord deputy, the intense purpose and reckless daring of the lieutenant-general, and the cares, magnanimously borne, of the ruined and forsaken aspirant, about to render the for- feit of that life which three kingdoms had pro- nounced incompatible with their well-being. Their evidence is the more unexceptionable, that they are no hasty ebullitions, the offspring of the moment, a sudden expression of senti- ments to be disavowed in succeeding intervals of calm. With a view, as it would seem, to guard against the inconveniences of a natu- rally fiery and uncontrollable temperament, Strafford wrote with singular deliberation, and his perspicuous and straightforward despatch- * The writer in the Biographia Britannica, and Mr. Mac- Diarmid, reject Sir George Radcliffe's dates without the slightest scruple, but without the smallest excuse. They are all of them extremely accurate, and it is quite certain that Wentworth sat in the Parliament of 1614. The writers n the liiog. Brit, plead in apology that Radclifie's own statement ''my memory is (of late especially) very bad and decayed" quite warrants their freedom with his dates ; uut they seem to have overlooked the fact that Radcliffe distinctly restricts the decay of his memory to facts he has altogether forgotten. " Seeing my unfaithful memory," he subsequently says, " hath lost part of the occurrences which concerned my lord, I am loth to let slip that which yet re- main;." t Mr. MacDiarmid, Lives of British Statesmen, 2 vols. 60 BRITISH STATESMEN. es* deliver the results of a thorough conviction. " He never did anything of any moment," re- marks Sir George Radcliffe, " concerning either political or domestical business, without taking advice ; not so much as a letter written by him to any great man of any business, but he show- ed it to his confidents if they were near him. The former part of his life, Charles Greenwood and myself were consulted with ; and the latter part, Chr. Wandesford came in Charles Green- wood's room, Charles Greenwood desiring not to be taken away from his cure ; they met al- most daily, and debated all businesses and de- signs, pro et contra : by this means his own judgment was very much improved, and all the circumstances and probable consequences of the things consulted were discovered and considered."! From the high praise which is given by Sir George to this practice, it is to be inferred, moreover, that it was no cheap expe- dient to obtain an obsequious and all-approving set of counsellors ; for he complacently sub- joins, that such a course " is very efficacious to make a wise man, even though he advise with much weaker men than himself ; for there is no man of ordinary capacity that will not often suggest some things which might else have been let slip without being observed ; and in the debatings of things a man may give an- other hints and occasions to observe and find out that which he that speaks to it, perhaps, never thinks on ; as a whetstone," &c., conclu- ding with that very original simile. It may also be remarked here that, of his more impor- tant despatches to the king, Wentworth was accustomed to transmit duplicates to the lead- ing members of the council. Thus, in a letter to Secretary Cooke, he writes : " Having such confidence in your judgment and good affection both towards his majesty's service and myself, I hold it fit to give you a clear and particular understanding of all my proceedings in these af- fairs, to which end I have sent you the dupli- cates of all my despatches to his majesty and others, as you will find in the pacquet this bear- er shall bring unto you ; only I desire you will be pleased not to take notice thereof, unless it be brought unto you by some other hand. These businesses have cost me a mighty labour, hav- ing been at first written over by my own hand. And I have been as circumspect and consider- ate therein as possibly I could. And now I beseech you, help me with your judgment in anything you shall find amiss, and let me clear- ly and speedily he led into the right path, in case I have erroneously, in anything, swerved from that which is best and honourablest for our master ; for it would grieve me more than any other thing, if my weakness should lead him into the least inconvenience ; and this you ever find in me, that no man living shah 1 more promptly depart from an error than myself, that have, in good faith, no confidence in my own judgment, how direct and intent soever my affections may be." What these letters want, therefore, in those sudden and familiar * It is much to be regretted that Mr. Brodie, whose work contains several valuable suggestions towards the life of Stratford, should suffer himself to depreciate so strongly the merit of his letters and despatches, and his intellectual at- tainment! generally. I shall have ample occasion to refute this. t Essay. outbreaks which are to be looked for in a less guarded correspondence, is amply made up in the increased authority of the matter thus care- fully elaborated and cautiously put forth. Nor are instances altogether wanting in which the curb is set aside, and the whole nature of the writer has its resistless way. I have remarked on the aristocratic influen- ces which surroudned Wentworth's youth. Everything had tended to foster that principle within him. His ancient lineage, extending, at no very distant period, to the blood royal ; the degree of attention which must have early attached itself to the eldest of twelve children ; his inheritance of an estate of 6000 a year, an enormous fortune in those days ; his edu- cation ; all the various circumstances which have been touched upon, contributed to produce a character ill fitted to comprehend or sympa- thize with "your Prynnes, Pyms, Bens, and the rest of that generation of odd names and natures,"* who recognised, in the struggling and oppressed Many, those splendid dawnings of authority which others were disposed to seek only in the One. From the first, we ob- serve in Wentworth a deep sense of his exact social position and its advantages. This is ex- plained in a passage of a remarkable letter, written at a later period to his early tutor, Mr. Greenwood, but which I shall extract here, since it has reference to the present tune : " My sister Elizabeth writes me a letter con- cerning my brother Mathew's estate, which I know not how to answer till I see the will ; nor do I know what it is she claims, whether money alone, or his rent-charge forth of my lands, or both. Therefore I desire the copy of the will may be sent me, and her demand, and then she shall have my answer. This brother, that she saith was so dear unto her, had well tutored her, or she him, being the couple of all the children of my father that I conceived loved me least ; it may be they loved one another the better for that too. However it prove, I know not ; but this I am most assured, that in case any of the three brothers died without is- sue, my father ever intended their rent-charge should revert to me, and not lie still as a clog upon my estate ; or that any daughter of his, whom he had otherwise provided for forth of the estate, should thus intercept his intentions towards his heir. But how often hath he been pleased to ex- cuse unto me the liberal provisions taken forth of my estate for my- brothers and sisters 1 And as often hath been assured by me, I thought nothing too much that he had done for them ; and yet lean make it confidently appear that he left not my es- tate better to me than my grandfather left it to him by 200 a year ; nay, some that understand it very well have, upon speech had with me about it, been very confident he left it me rather worse than better than he received it. But I shall and can, I praise God, and have heretofore, patient- ly looked upon their peevishness and froward- ness towards me, and all their wise and prudent councils and synods they have held against me, as if they had been to have dealt with some cheater or cozener, not with a brother, who had ever carried himself justly and loving- * Strafford Papers, vol. i., p. 344. Such was Wentworth's ill-judged classification. " Ben" may be presumed to have meant Sir Benjamin Rudyard. EARL OF STRAFFORD. 61 ly towards them ; nor do I, nor will I, deny them the duties I owe unto them, as recom- mended unto my care by my father. Nay, as wise as they did, or do, take themselves to have been, I will say, it had not been the worse for them, as I think, if they had taken less of their own fool- ish, empty fancies, and followed more of my ad- vice, who, I must needs say, take myself to have been full as able to have directed their course as they themselves could be at that age."* Here the remark cannot but occur of the very early age at which these extraordina- ry " excuses" from a father to a son must have been proffered and accepted ! Sir William Wentworth died in 1614, t shortly after his son, who had scarcely accomplished his twenty-first year, was returned to Parliament from York- shire. This patriarchal authority, then, this strong sense of his hereditary rights of proper- ty, was of no late assumption ; and, in after life, it was Wentworth's proud satisfaction that he came not to Ireland "to piece up a broken fortune."} " For," says he elsewhere, " as I am a Christian, I spend much more than all my entertainments come unto ; yet I do not complain ; my estate in England may well spare me something to spend." At his so ear- ly maturity, being called to the family inherit- ance by the death of his father, a new charge devolved to him in the guardianship of his elder sister's children, the issue of Sir George Sa- vile, which trust he faithfully discharged. His own account of his family regards, generally, given in the passage quoted, appears to me to be perfectly just. His disposition was kind, but exacting. Those of his relatives who paid him proper deference received from him atten- tions and care. And it is remarkable to ob- serve in those brothers, for instance, who con- tinued attached to him through all his fortunes one an intimate counsellor, another a "humble poster in his affairs" the complete deference they at all times cheerfully paid to him. Such was the new member for Yorkshire, who took his seat in the Parliament of 1614. I have described the condition of affairs. They had arrived at such a point that not to declare in favour of the popular party was to exert an influence against them. The liberal strength had not declined in the present assembly. The confederacy of " undertakers,"^ banded for the purpose of influencing the elections, had pur- sued their vile avocations without effect. The new members were stanch, resumed complaints against monopolies and other unjust grants, called the Bishop of Lincoln to account for dis- respectful words, and received the tribute to their honesty of a dissolution after two months' sitting,!! and of imprisonment, in many cases, * Stratford Papers, vol. i., p. 484. t Kadcliffe's Essay. t Straffbrd Papers, vol. i., p. 138 ; and see TO!, i., p. 79. l> For the origin of these " strange ugly kind of beasts," as the king, in his subsequent confession of their existence, oddly called them, see Wilson, in Kennet, vol. ii., p. 696. For James's present false denial of their having been em- ployed, see Carte, vol. iv., p. 19, 20; Bacon's Works, vol. i., p. 695 ; Commons' Journals, p. 462. II "This House of Commons," says Hume, "showed rather a stronger spirit of liberty than the foregoing, so lit- tle skill had the courtiers for managing elections" (vol. v., p. 49). It subsequently received from the politer courtiers the title of the " addle" Parliament, from the circumstance of its not having been allowed to pass a single bill. Aikin, vol. i., p. 439. See a curious fact mentioned in D'Israeli's Character of James, p. 158, and the king's assertion, in his remarkable commission for the dissolution. afterward.* During these two months Went- worth had continued silent ; not unobserved, but silent. I have examined the Journals, and find no trace of his advocacy of either side in the great struggle.! At the close of the session he returned to Yorkshire, and a year passed over him at his country residence, engaged, to all appearance, in no pursuits less innocent than his favourite sport of hawking. Let the reader judge, how- ever, if his personal ambitions had been forgot- ten. Sir John Savile, the father of the after- ward Lord Savile and not, as has been inva- riable stated by modern writers, the Lord Savile himself \ at this time held an office of great esteem in the county, that of custos rotu- lorum, or keeper of the archives, for the West Riding. So strong an influence, however, had for some time been moving against Savile in the county, that the Lord-chancellor Elles- mere was induced to interfere. It is instruc- tive to observe that Sir Thomas Fairfax, a near kinsman of Wentworth's, was the most active against Savile. I quote a passage of a letter from Sheffield, the lord president of the North, to Ellesmere : " I desired much to have waited upon you myself, to present an infor- mation lately made unto me of the evil carriage of one Sir George Savile, a gentleman of York- shire, one of the principal in commission, that maketh use of his authority to satisfy his own ends, if sundry complaints be true which of late have been made unto me touching one partic- ular, which, in my opinion, is a matter of foul condition, and which I am bold to intreat your lordship to give me leave to make known unto * The compilers of the Parliamentary History have denied this, but see debate on it in Journals of Feb. 5, 12, and 15, 1621 ; and Hatsell's proof, vol. i., p. 133, 134, edit. 1796. Hume admits the statement, vol. v., p. 50. t In some of the less precisely accurate histories in Echard's, Oldmixon's, and Mrs. Macaulay's Wentworth had been erroneously ranked as one of the "factious" mem- bers of this session, who had earned imprisonment after the dissolution by a violent personal attack on the king. Mr. Brodie set the mistake completely at rest, by showing its origin. A Mr. Thomas Wentworth, a very popular mem- ber, represented Oxford in all the Parliaments of James, and in the first two Parliaments of Charles. It was he who spoke violently, and was imprisoned. It was he, also, who took the active part against Buckingham in the second Par- liament, which had been ascribed to Sir Thomas Wentworth (who did not sit in that Parliament at all), even by Rush- worth. In expressing great surprise at this mistake on the collector's part, however, Mr. Brodie overlooks the circum- stance of its having arisen from a mere error of the press. Had it been otherwise, it would have been difficult (consid- ering that Rushwprth attended the house himself, and was necessarily acquainted with the persons of the different members) to have received even Mr. Brodie's authority and that of Wentworth's own letters against the indefatigable collector. But the context of Rushworth shows the error to have been merely one of the press. He is stating the ar- gument of the lawyers of the House on the difference between " common fame" and " rumour," and observes : " It was de- clared by Sir Tho. Wentworth, Mr. Noy, and other lawyers in the debate," &c. Now Mr. Wentworth was a lawyer, and an eminent one, the author of a legal treatise of great merit, on Executors, and Recorder of Oxford ; but Sir Thomas Wentworth was none of these things. The mis- take does not occur again. See Rushworth, vol. i., p. 217. The author of the History continued from Mackintosh has fallen into Rushworth's error, vol. v., p. 33. i It is singular that this mistake should have occurred ; for occasionally, in the Papers, he is called " the old knight," "old Sir John," &c. (vol. i., p. 38, See Papers, vol. ii., p. 390. II A passage in Rushworth (vol. viii., p. 768) i corrobo- rative of the view which I have presented of Wentworth's public conduct. The collector professes to give all those parliamentary speeches "in which my Lord of Strafford an discovered his wit and temper, that the court took particu- lar notice of him," and gives only the speeches that were delivered in this, third Parliament. It is clear that he had not rendered himself at all formidable before. Rushworth, indeed, subsequently sets this at rest by adding, "Note he began to be more generally taken notice of by all men, ant! his fame to spread abroad, where public affairs, and the criticisms of the times, were discoursed by the most refined judgments, ; those who were infected with popularity flat- tering themselves that he was inclined to support their in- clination, and would prove a champion on that account ; but such, discourse, a? it endeared him to his country, so EARL OF STRAFFORD. 71 1 have thus endeavoured to trace at greater length, and with greater exactness than has been attempted hitherto, the opening passages in the political history of this extraordinary man. The common and vulgar account given by Heylin* has been, it is believed, exploded, along with that of the no less vulgar Hacket.t All Wentworth's movements in the path which has been /olio wed appear to me to be perfectly natural and intelligible, if his true character is kept in view. From the very intensity of the aristocratic principle within him arose his hes- itation in espousing at once the interests of the court. This, justly and carefully considered, will be found the solution of his reluctant ad- vances, and still more reluctant retreats. The intervention of a favourite was hardly support- able by one whose ambition, as he felt obliged to confess to himself even then, would be sat- isfied with nothing short of the dignity of be- coming "the king's mistress, to be cherished and courted by none but himself." He was to be understood, and then invited, rather than forced to an explicit declaration, and then only accepted. The purpose of the alternating at- traction and repulsion of his proceedings, such as I have described them, submissive and re- fractory, might have been obvious, indeed, to an obtuser perception than Buckingham's, but that mediocrity will always find its little account in crushing rather than winning over genius, and is rendered almost as uncomfortable by an uncongenial coadjutor as by a strenuous oppo- nent. Wentworth's conduct, at the last, was forced upon him by circumstances ; but his en- ergetic support of the Petition of Rights was only the completion of a series of hints, all of which had been more or less intelligible ; and even now, unwillingly understood as this was by the minister, it was yet more reluctantly acted upon, for by Buckingham's death alone, as we are informed, the " great bar" to Went- worth's advancement was removed.}: It may be added, that, even in all these circumstances, when many steps were forced upon him which his proud spirit but poorly submitted to, and wronged itself in submitting to, it is yet possi- ble to perceive a quality in his nature which was afterward more fully developed. He was possessed with a rooted aversion, from the first, to the court flies that buzzed around the mon- arch, and as little inclined to suffer their good offices as to deprecate their hostility. The re- ceipt, shortly after this, of divers ill-spelled and solemn sillinesses from the king, seems to have occasioned a deep and enduring gratitude in him for the dispensing with a medium that had annoyed him. " I do with infinite sense," writes he, " consider your majesty's great good- ness, not only most graciously approving of that address of mine immediately to yourself, but allowing it unto me hereafter, which I shall rest myself upon as my greatest support on earth, and make bold to practise, yet I trust without importunity or sauciness." The few attempts to ingratiate himself with the queen, \vhichi were ultimately forced on Wentworth begot to him an interest in the bosom of his prince, who (having a discerning judgment of men) quickly made his observation of Wentworth's, that he was a person framed for great affairs, and fit to be near his royal person and councili." * Life of Laud, p. 194. t .Scrinia Reserata. i Biog. Britt., vol. vii., p. 4179. by his declining fortunes, were attended with but faint success, and he appears to have im- pressed her, on the whole, with little beyond the prettiness of his hands, which she allowed to be " the finest in the world"* to the preju- dice of his head, which she was not so inclined to preserve. In one word, what it is desired to impress upon the reader, before the delineation of Went- worth in his after years, is-this, that he was con- sistent to himself throughout. I have always considered that much good wrath is thrown away upon what is usually called " apostacy." In the majority of cases, if the circumstances are thoroughly examined, it will be found that there has been " no such thing." The position on which the acute Roman thought fit to base his whole theory of ^Esthetics, " Humano capiti cervicem pictor eqninam Jungere si velit, et varias induce re. plumas, Undique collatis membris, ut turpiter atram Desinat in piscem mulier formosa superne, Spectatura admissi risum teneatis, amici ?" &c. is of far wider application than to the exigen- cies of an art of poetry ; and those who carry their researches into the moral nature of man- kind cannot do better than impress upon their minds at the outset, that in the regions they explore they are to expect no monsters no essentially discordant termination to any " mu- lier formosa superne." Infinitely and distinctly various as appear the shifting hues of our com- mon nature when subjected to the prism of CIRCUMSTANCE, each ray into which it is broken is no less in itself a primitive colour, suscepti- ble, indeed, of vast modification, but incapable of farther division. Indolence, however, in its delight for broad classifications, finds its ac- count in overlooking this ; and among the re- sults, none is more conspicuous than the long list of apostates with which history furnishes us. It is very true, it may be admitted, that when we are informed by an old chronicler that " at this time Ezzelin changed totally his disposition," or by a modern biographer that " at such a period Tiberius first became a wick- ed prince," we examine too curiously if we consider such information as in reality regard- ing other than the act done and the popular in- ference recorded, beyond which it was no part of the writer to inquire. But such historians as these value themselves materially on their dispensation of good or evil fame ; and as the " complete change," so dramatically recounted, has commonly no mean influence on the nature of their award, the observations I have made may be of service to the just estimate of their more sweeping conclusions. Against all such conclusions I earnestly pro- test in the case of the remarkable personage whose ill-fated career we are now retracing. Let him be judged sternly, but in no unphilo- sophic spirit. In turning from the bright band of patriot brothers to the solitary Stratford " a star which dwelt apart" we have to con- template no extinguished splendour, razed and blotted from the book of life. Lustrous, in- deed, as was the gathering of the lights in the * This is told us by Madame de Motteville, who repeat! what Henrietta had said to her : " II 6tait laid, mais assez agreable de sa personne ; et la reine, me contaut toutes ces choses, s'arreta pour me dire qu'il avait les plus belles '* 72 BRITISH STATESMEN. political heaven of this great time, even that radiant cluster might have exulted in the ac- cession of the " comet beautiful and fierce," which tarried a while within its limits ere it "dashed athwart with train of flame." But it was governed by other laws than were owned by its golden associates, and impelled by a contrary, yet no less irresistible force than that which restrained them within their eternal or- bits it left them, never to " float into that azure heaven again." Before attending Wentworth to his presi- dency in the North, we may stop to consider one of those grand features in his character on which many subordinate considerations depend, and a proper understanding of which ought to be brought, as a first requisite, to the just ob- servation of his measures. I cannot believe Wentworth to have been the vain man popular opinion has pronounced him, nor discover in him any of that overween- ing and unwarranted self-confidence which friends no less than foes have laid to his charge. An arrogance, based on the supposed posses- sion of pre-eminent qualities which have no existence, is one thing, and the calm percep- tion of an undoubted superiority is another. Wentworth, indeed, " stood like a tower," but that unshaken confidence did not "suddenly scale the light." Its stately proportions were slowly evolved ; its eventual elevation una- voidable, and amply vindicated. We have met with no evidences of a refractory or self-suffi- cient disposition in the youth of Wentworth. His studies at Cambridge had a prosperous is- sue, and he ever remembered his college life with affection. " I am sorry to speak it, but truth will out," writes he to Laud concerning an episcopal delinquent, "this bishop is a St. John's man of Oxford, I mean, not Cambridge ; our Cambridge panniers never brought such a fairing to the market."* His deep esteem for his tutor, Greenwood, reflects honour on both parties. I have said that it was originated by * Strafford Papers, vol. i., p. 189. Laud makes merry upon this happy phrase of the lord-deputy's. The passa- ges are characteristic of the correspondence, and therefore worth quoting. " And so your lordship," he writes, " is ' very sorry to tell the truth, but only that it will out. A St. John's man you say he is, and of Oxford your Cam- bridge panniers never brought such a fairing to the mar- ket. Yes, my good lord, but it hath ; for what say you of Dean Palmer 1 who, besides his other virtues, sold all the lead off from the church at Peterburgh ; yet he was brought in your Cambridge panniers; and so was Bishop Rowland too, who used that bishopric as well as he did the deanery. I must confess this man's baseness hath not many fellows, but his bribery may have store. And 1 pray, is that ever a whit the less fault, because it is gentleman-like for hun- dreds and thousands, whereas this man deals for twenty shillings and less ? I hope you will not say so ; and if you do not, then I pray examine your Cambridge panniers again, for some say such may be found there, but I, for my part, will not believe it, unless your lordship make me." Went- worth appears to have contested this point in Laud's own huaaour. The bishop retorts by asking ham what his " Jon- nism" means. " Now you are merry again. God hold it. And what? Dr. Palmer acted like a king? Be it so. But he was another card in the pack. As for Bishop How- land, you never heard of him. What ! nor of Jeames his wife neither? Good Lord, how ignorant you can be when you lit. Yea, but you have taken St. John's Ox. Fla- grante crimine, and I put you to your memory. Is it so ? Come on, then : you know there is a cause in the Star Chambers some were to answer, and they brought their answers ready written. If the Bishop of Lincoln sent them ready for his turn, hath he not an excellent forge ? What if this appear T I hope you will not then say I put you to your memory. 'Tis now under examination, and is not this if, &c., flagraate crimine? Go brag now." good services performed, and so, perhaps, it is necessary to limit all Strafford's likings all, except the fatal one which cost him life, his liking for the weak and unworthy king, which had its origin in that abstract veneration for power which (or rather, as he afterward too late discovered, the semblance of which) we have just seen him, by some practices beneath his nature, climbing up to, and in the exercise of which we are to view him hereafter. But his esteem for Greenwood, whatever its origin, was not to have been provoked by truckling sycophancy. Nothing of that sort would have succeeded in impressing its object with so pro- found a respect as dictates the following para- graph in an interesting letter to his nephew and ward, Sir W. Savile. " In these, and all things else, you shall do passing well to con- sult Mr. Greenwood, who hath seen much, is very well able to judge, and certainly most faithful to you. If you use him not most re- spectively, you deal extreme ungrateful with him, and ill for yourself. He was the man your father loved and trusted above all men, and did as faithfully discharge the trust reposed in him as ever in my time I knew any man do for his dead friend, taking excessive pains in settling your estate with all possible cheerful- ness, without charge to you at all. His advice will be always upright, and you may safely pour your secrets into him, which, by that time you have conversed a little more abroad in the world, you will find to be the greatest and no- blest treasure this world can make any mai owner of; and I protest to God, were I it your place, I would think him the greatest an> best riches I did or could possess."* In the same letter Wentworth assures this youth, " You cannot consider yourself, and advise and debate your actions with your friends too much ; and, till such time as experience hath ripened your judgment, it shall be great wisdom and advantage to distrust yourself, and to for- tify your youth by the counsel of your more aged friends, before you undertake anything of consequence. It was the course that I gov- erned myself by after my father's death, with great advantage to myself and affairs ; and yet my breeding abroad had shown me more of the world than yours hath done, and I had nat- ural reason like other men ; only I confess I did in all things distrust myself, wherein you shall do, as I said, extremely well, if you do so too."t There is no self-sufficiency here ! Wentworth's method of study has been trans- mitted to us by Sir George RadclifFe, and I quote it in strong corroboration of the view which has been urged. " He writ," RadclifFe assures us, as well as he spoke : this perfection he at- tained,, first, by reading well-penned authors in French, English, and Latin, and observing their expressions ; secondly, by hearing of eloquent men, which he did diligently in their sermons and public speeches ; thirdly, by a very great care and industry, which he used when he was young, in penning his epistles and missives of what subject soever; but, above all, he had a natural quickness of wit and fancy, with great clearness of judgment, and much practice, with- out which his other helps, of reading and hear- ing, would not have brought him to that great * Papers, vol. i., p. 170. t Ibid., p. 169. EARL OF STRAFFORD. 73 perfection to which he attained. I learned one rule of him, which I think worthy to be remem- bered : when he met with a well-penned oration or tract upon any subject or question, he framed a speech upon the same argument, inventing and dis- posing what seemed Jit to be said upon that subject before he read the book ; then reading the book, compare his own with the author, and note his own defects, and the author's art and fulness, whereby he observed all that was in the author more strictly, and might better judge of his own wants to supply them."* Now this early habit of confronting, so to speak, the full-grown wits of other men of satisfying himself of his own pre- cise intellectual height by thoroughly scanning the acknowledged stature of the world's giants is as much removed from a rash assumption as from the nervous apprehension of mediocrity. Wentworth's temper was passionate ; and it is curious and instructive, in the present view of his character, to mark the steps he took in relation to this. I have already spoken of his extreme cautiousness ; of the select council that canvassed his business, suggested his measures, and revised his correspondence ; of his defer- ence to advice, and, indeed, submission to re- proof, from his assured friends. " He was nat- urally exceeding choleric," says Sir George Rad- cliffe, " an infirmity with which he had great wrestlings ; and though he kept a watchfulness over himself concerning it, yet it could not be so prevented but sometimes upon sudden occasions it would break. He had sundry friends that often admonished him of it, and he had the great pru- dence to take in good part such admonitions : nay, I can say that I, one of his most intimate friends, never gained more upon his trust and affection than by this freedom with him in tell- ing him of his weaknesses ; for he was a man and not an angel, yet such a man as made a conscience of his ways, and did endeavour to grow in virtue and victory over himself, and made good progress accordingly." This " good progress" brought him eventually to a very ef- ficient self-control. In cases where he would seem to have exceeded it, and to have been transported beyond decency and prudence, it would be hasty to assume, as Clarendon and other writers have done, that it was in mere satisfaction of his will. These writers, it will not be difficult to show, have not that excuse for the failure of their principles in Went- worth's person. The truth was, that, as in the case of Nap'oleon and other great masters of the despotic art, anger was one of the instru- ments of his policy. He came to know when to be in a passion, and flew into a passion ac- cordingly. " You gave me a good lesson to be patient," he writes to old Secretary Cooke, " and indeed my years and natural inclinations give me heat more than enough, which, how- ever, I trust more experience shall cool, and a watch over myself in time altogether over- come ; in the mean space, in this at least it will set forth itself more pardonable, because my earnestness shall ever be for the honour, justice, and profit of my master ; and it is not always anger, but the misapplying of it, that is the vice so blameable, and of disadvantage to those that let themselves loose thereunto."-^ * Papers, vol. ii., p. 435. t Stratford Papers, vol. i., p. 87. K In the same despatch to the secretary from which I have taken the above, he had observed, immediately before, " Nor is it one of my least comforts that I shall have the means to resort to so wise and well-affected a friend to me as I esteem yourself, and to a servant that goes the same way to my master's ends that I do ; and therefore let me adjure you, by all the in- terests that I may or would have in you, that as you will (I am sure) assist me when I am right, so, by your sensible and grave counsel, reduce me when I may happen to tread awry."* And thus, from the first, is Wentworth found soliciting the direction of others in all impor- tant conjunctures ; not, indeed, with the vague distress of one unprovided with expedients of his own, and disposed to adopt the first course that shall be proposed, but with the calm pur- pose of one decided on the main course to be pursued, yet not unwilling that it receive the corroboration, or undergo the modification, of an experienced adviser. This has been occa- sionally illustrated in the business of his nom- ination by the king for the office of sheriff, where, having already chosen his party, he sub- mits his determination to his father-in-law, the Earl of Clare, whose answer has been quoted. I have mentioned, also, his practice of trans- mitting duplicates of his despatches on all ur- gent occasions to Laud, Cooke, and Cottington. No passage, indeed, in the career of Went- worth proves him to have been a vain man. His singular skill is never satisfied, without an unremitting application of means to any desired end, and the neglect of no circumstance, the most minute and apparently trivial, that may conduce to its success. Would he ensure his own return for a county, and smuggle in a min- isterial candidate under the wing of his own popularity 1 He proceeds as though his per- sonal merits could in no way influence the event, and all his hopes are founded on the ac- tivity of his friends, which he leaves no stone unturned to increase. In one and the same day, Sir Thomas Gower, high sheriff of York, is in- formed that, " Being, at the entreaty of some of my best friends, resolved to try the affec- tions of my countrymen in the next election of knights for the shire, I could do no less than take hold of this fit occasion to write unto you these few lines, wherein I must first give you thanks for the good respect you have been pleased to show towards me, to some of my good friends who moved you for your just and equal favour at the time of the election ; which, as I will be found ready to deserve and affec- tionately to requite, so must I here solicit you for the continuance of your good purposes to- wards me ; and lastly desire to understand from you what day the county falls out upon (which is to be the next after the receipt of the writ), that so I may provide myself and friends to give our first voices for Mr. Secretary, and the second for myself." Sir Henry Bellasis assured that, " Presently upon my return from London, I find by Mr. Carre how much I am beholden unto you for your good affection. la truth, I do not desire it out of any ambition, but rather to satisfy some of my best friends, and such as have most power over me. Yet, if the country make choice of me, surely I will * Strafford Papers, vol. i., p. 87. BRITISH STATESMEN. zealously perform the best service for them that my means or understanding shall enable me unto. And having thus far upon this occa- sion declared myself, must take it as a great testimony of affection in them that shall afford me their voices, and those of their friends for Mr. Secretary Calvert in the prime, and my- self in the second place. Particularly am I hereby to give you therefore thanks, and will so settledly lodge this favour in my heart, that I will not fail to remember and deserve it. In my next letters I will likewise let Mr. Secretary know your good respect and kindness towards him, whereof I dare assure you he will not be unmind- ful. The election day will fall out very un- happily upon Christmas-day ; but it is irreme- diless, and therefore must be yielden unto. If you will please to honour me with the company of yourself and friends upon that day at dinner, I shall take it as a second and especial favour ; in retribution whereof you shall find me still conversant, as occasion shall be ministered, in the unfeigned and constant offices of your very assured and affectionate friend." Sir Henry Sa- vile instructed that " I have received your two letters, and in them both find matter to thank you for your respect and kindness towards me. The later of them I received just the afternoon I came out of town, but I write effectually to Mr. Secretary for a burgess-ship for you at Richmond, in regard I knew my Lord of Cumberland was partly engaged ; but I will amongst them work out one, or I will miss far of my aim. So soon as I hear from Mr. Secretary, I will give you far- ther certainty herein ; in the mean time, me- thinks it were not amiss if you tried your an- cient power with them of Aldborow, which I leave to your better consideration, and in the mean time not labour the less to make it sure for you elsewhere, if these clowns chance to fail you. The writ, as I hear, is this week gone to the sheriff; so the next county day, which must, without hope of alteration, be that of the election, falls to be Christmas-day, which were to be wished otherwise ; but the discom- modity of our friends more upon that day than another makes the favour the greater, our obli- gation the more, and therefore I hope they will the rather dispense with it. If the old knight should but endanger it, 'faith, we might be re- puted men of small power and esteem in the country ! but the truth is, I fear him not. If your health serve you, I shall wish your com- pany at York, and that yourself and friends would eat a Christmas pie with me there: I tell you there would be a hearty welcome, and I would take it as an especial favour, so value it, and as such a one remember it." Sir Mat- thew Boynton reminded that " The ancient and near acquaintance that hath been betwixt us causeth me to rank you in the number of my friends ; and being moved by my friends to stand second with Mr. Secretary Calvert for knight of the shire at this next Parliament, I assure myself I might confidently address my- self unto you for the voices of yourself and friends in the election, which falls out unfortu- nately to be upon Christmas-day. But as the trouble of my friends thereby will be the great- er, so doth it add to my obligation. I hope likewise to enjoy your company and friends that day at dinner. You shall be in no place better welcome." And Christopher Wandes- ford given notice that " the writ will be deliv- ered by Mr. Radcliffe within these two days to the sheriff, to whom I have written, giving him thanks for his kindness, desiring the continu- ance thereof. And now, lest you should think me forgetful of that which concerns yourself, I hasten to let you know that I have got an ab- solute promise of my Lord Clifford, that if I be chosen knight, you shall have a burgess-ship (re- served for me) at Appleby, wherewith I must con- fess I am not a little pleased, in regard ice shall sit there, judge, and laugh together." The reader will remember that all these, with many other letters, are written and de- spatched on the same day. No apology is ne- cessary for the length at which I quote them ; since, in rescuing them from false and distort- ed arrangement, much misconception is pre- vented, and a very valuable means of judgment furnished on Wentworth's general conduct. He goes on to let Sir Thomas Fairfax know that " I was at London much entreated, and, indeed, at last enjoined, to stand with Mr. Secretary Calvert for to be knight of this shire the next Parliament, both by my Lord Clifford and himself; which, after I had assented unto, and despatched my letters, I perceived that some of your friends had motioned the like to Mr. Secretary on your behalf, and were therein engaged, which was the cause I writ no sooner unto you. Yet, hearing by my cousin Middle- ton that, he moving you in my behalf for your voices, you were not only pleased to give over that intendment, but freely to promise us your best assistance, I must confess I cannot forbear any longer to write unto you how much this courtesy deserves of me ; and that I cannot choose but take it most kindly from you, as suitable with the ancient affection which you have always borne me and my house. And presuming of the continuance of your good re- spect towards me, I must entreat the company of yourself and friends with me at dinner on Christmas-day, being the day of the election, where I shall be most glad of you, and there give you farther thanks for your kind respects." And thus reports progress to Mr. Secretary himself: "May it please you, sir, the Parlia- ment writ is delivered to the sheriff, and he by his faithful promise deeply engaged for you. I find the gentlemen of these parts generally ready to do you service. Sir Thomas Fairfax stirs not ; but Sir John Savile, by his instru- ments exceeding busy, intimating to the com- mon sort under-hand, that yourself, being not resiant in the county, cannot by law be chosen, and, being his majesty's secretary and a stran- ger, one not safe to be trusted by the country ; but all this according to his manner so closely and cunningly as if he had no part therein ; neither doth he as yet farther declare himself than only that he will be at York the day of the election ; and thus, finding he cannot work them from me, labours only to supplant you. I endeavour to meet with him as well as I may, and omit nothing that my poor understanding tells me may do you service. My lord-presi- dent hath writ to his freeholders on your be- half, and seeing he will be in town on the elec- tion day, it were, I think, very good he would be pleased to show himself for you in the Cas- EARL OF STRAFFORD. 75 tie-yard, and that you writ unto him a few lines, taking notice you hear of some opposition, and therefore desire his presence might secure you of fair carriage in the choice. / have heard, that when Sir Francis Darcy opposed Sir Thomas Lake in a matter of like nature, the lords of the council writ to Sir Francis to desist. I know my lord- chancellor is very sensible of you in this business ; a word to him, and such a letter, would make an end of all. Sir, pardon me, I beseech you, for I protest I am in travail till all be sure for you, which imboldens me to propound these things, which, notwithstanding, I most humbly submit to your judgment. When you have resolved, be pleased to despatch the bearer back again with your answer, which I shall take care of. There is not any that labours more heartily for you than my Lord Darcy. Sir, I wish a better oc- casion wherein to testify the dutiful and affec- tionate respects your, favours and nobleness may justly require from me." Sir Arthur In- gram is then apprized, in a letter which is full of character, that, " As touching the election, we now grow to some heat ; Sir John Savile's instruments closely and cunningly suggesting under-hand Mr. Secretary's non-residence, his being the king's servant, and out of these rea- sons by law cannot, and in good discretion ought not, be chosen of the country ; whereas himself is their martyr, having suffered for them ; the patron of the clothiers ; of all oth- ers the fittest to be relied on ; and that he in- tends to be at York the day of the election craftily avoiding to declare himself absolutely. And thus he works, having spread this jeal- ousy, that albeit I persuade myself generally they would give me their prime voice, yet in good faith I think it very improbable we shall ever get the first place for Mr. Secretary ; nay, I protest we shall have need of our strength to obtain him a second election : so as the likeli- est way, so far as I am able to judge, to secure both, will be for me to stand for the prime, and so cast all my second voices upon him, which, notwithstanding, we may help by putting him first in the indenture. I am exceeding sorry that the foulness and length of the way put me out of hope of your company, and therefore, I pray you, let us have your advice herein by the bearer. Your letter to your friends in Halifax admits some question, because you desire their voices for Mr. Secretary and myself the rather for that Sir John Savile stands not ; so, say they, if he stand, we are left to our liberty. You will therefore please to clear that doubt by another letter, which, delivered to this mes- senger, I will get sent unto them. I fear great- ly they will give their second voice with Sir John. Mr. Leech promised me he would pro- cure his lord's letter to the freeholders within Hallomshire and the honour of Pontefract ; that my cousin Lascells, my lord's principal agent in these parts, should himself labour Hal- lomshire ; Mr. Banister, the learned steward of Pontefract, do the like there ; and both of them be present at the election, the better to secure those parts. I hear not anything of them. I pray you, press Mr. Leech to the per- formance of his promise, letting him know Sir John Savile's friends labour for him, and he declares in a manner he will stand, and get him to send the letters by this my servant. I desire likewise he would entreat my cousin Lascells that he would take the pains to come over, and speak with me the Monday before Christmas-day here at my house. Sir, you see how bold I am to trouble you, and yet I must desire you would be pleased to afford me the commodity of your house for two nights, to en- tertain my friends. I shall, God willing, be most careful that nothing be impaired, and shall number this among many other your noble courtesies, which have inviolably knit me unto you." Sir Thomas Dawney is solicited to the same effect, and Sir Henry Slingsby informed that " The certainty I have of Sir John Savile's standing, and the various reports I hear of the country people's affection towards Mr. Secre- tary, makes me desirous to know how you find them inclined in your parts. For this wapen- take, as also that of Osgodcross and Staincross, I certainly persuade myself will go wholly for us. In Skyrack I assure myself of a better part, and I will perform promise with Mr. Sec- retary, bringing a thousand voices of my own besides my friends. Some persuade me that the better way to secure both were for me to stand prime, cast all my second voices on Mr. Secretary, and put him first into the indenture. I pray you consider of it, and write me your opinion ; / would not lose substance for such a loyish ceremony. There is danger both ways : for if Mr. Secretary stand first, it is much to be feared the country will not stand for him firm and entire against Sir John. If I be first cho- sen, which I make no question but I could, then is it to be doubted the people might fly over to the other side, which, notwithstanding, in my conceit, of the two is the more unlikely ; for, after they be once settled and engaged for me, they will not be so apt to stir. And again, it may be so suddenly carried as they shall have no time to move. At a word, we shall need all our endeavours to make Mr. Secretary, and therefore, sir, I pray you gather up all you possibly can. I would gladly know how many you think we may expect from you. My Lord Clifford will be at Tadcaster upon Christmas-eve, about one of the clock : if that be your way, I am sure he would be glad yourself and friends would meet him there, that so we might go into York the next day, vote, and dme together, where you shall be most heart- ily welcome." Sir Thomas Fairfax is again moved very earnestly to make " All the strength of friends and number you can to give their voices for us at the next election, falling to be upon Christmas-day ; the rather, because the old gallant of Hooley intends certainly to stand, whom, indeed, albeit I should lightly weigh, were the matter betwixt him and me, yet I doubt Mr. Secretary (if his friends stand not closely to him) being not well known in the country. Sir, you have therefore hereby an opportunity offered to do us all an especial fa- vour, which shall bind us to a ready and cheer- ful requital, when you shall have occasion to use any of us. My Lord Clifford will be, God willing, at Tadcaster upon Christmas-eve, about one of the clock, where I assure myself he will much desire that yourself and friends will be pleased to meet him, that so we may go into York together ; and myself earnestly entreat the company of yourself and them the next day at dinner, which I shall esteem as a double fa- 76 BRITISH STATESMEN. vour." And his cousin Thomas Wentworth advertised that, ' Being, as you know, engaged to stand with Mr. Secretary Calvert to be knights for this Parliament, and Sir John Savile our only opponent, I must make use of my friends, and entreat them to deal thoroughly for us, in regard the loss of it would much prej- udice our estimations above. In which num- ber I esteem yourself one of my best and fast- est friends. The course my Lord Darcy and I hold is, to entreat the high constables to desire the petty constables to set down the names of all free- holders within their townships, and which of them have promised to be at York and bestow their voices with us, so as we may keep the note as a testimony of their good affections, and know whom we are beholden unto, desiring them farther to go along with us to York on Sunday, being Christmas- eve, or else meet us about two of the clock at Tadcaster. I desire you would please to deal effectually with your high constables, and hold the same course, that so we may be able to judge what number we may expect out of your wapentake. As I no ways doubt of your ut- termost endeavours and pains in a matter of this nature, deeply touching my credit, so will I value it as a special testimony of your love towards me. I hope you will take the pains to go along with us, together with your friends, to York, that so we may come all in together, and take part of an ill dinner with me the next day, where yourself and friends shall be right heart- ily welcome."* It is not necessary to recall attention to the political principle, or the party views, which are evidenced in these letters ;t but how singu- lar and complete is the illustration they afford, of Wentworth's practice of letting slip no meth- od, however ordinary, of compassing his de- signs ! Is he interested, either, in the success of a lawsuit T we find that " he spent eight years' time, besides his pains and money, in soliciting the business and suits of his nephews Sir George and Sir William Savile, going every term to London about that only, without missing one term in thirty, as I verily believe. And all this merely in memory of the kindness which had passed betwixt him and his brother-in-law Sir George Savile, then deceased, "t And so with all things that interested him. To this head, then, the reader is asked to re- fer many proceedings, which hitherto have been cited in proof of an excessive vanity. They were rather the suggestions of a mind well aware of the influence of seeming trifles on the accomplishment of important purposes. The pompous enumeration of his heraldic honours itf the preamble to his patent of nobility, and the " extraordinary pomp" with which he was created viscount and president of the North, were no unnecessary precaution against the surprise and disdain of an insolent herd of courtiers, and were yet ineffectual wholly to restrain their sarcasms. $ The unexampled * These various letters will be found in the Strafford Papers. t The beginning of electioneering tactics is also curi- ously discernible in them. I Radcliffe's Essay. $ " The Duke of Buckingham himself flew not so high in so short a revolution of time. He was made a viscount with a great deal of high ceremony upon a Sunday, in the afternoon, at Whitehall. My Lord Powis, who affects him not much, being told that the heralds had fetched his pedi- gree from the blood royal, viz., from John of Gaunt, said, splendour of his after progress to the opening of the Irish Parliament was, no doubt, well cal- culated to " beget an awful admiration" in the minds of a body of men whose services he was then preparing to obtain by far more question- able means ; and his fierce resentment of the slightest infringement of the etiquette he had succeeded in establishing, his minute arrange- ments with respect to the ceremony he con- ceived necessary to the powers he was intrust- ed with, have their censure on other grounds than any intrinsic absurdity they evince. It seems to me to be high time, in cases of this sort, to shift our censure to the grosser absurd- ity of the principles which require such means for their support. Ceremony in the abstract the mere forms of etiquette, sinking through their own emptiness, sustaining no purpose, and unsustained by none Wentworth regarded with a more supreme scorn than they were held in by any of his prudish opponents among his own party. " I confess," writes he on one occasion, "this matter of PLACE I have ever judged a womanly thing, and so love not to trouble myself therewith, more than needs must." He cares not, moreover, submitting cheerfully throughout to the king's unworthy arrangement, that himself should gather " gold- en opinions" by a liberal bestowment of hon- ours in Ireland on the more troublesome of his suitors, while to his deputy was confided the ungracious task of interposing a veto on the royal benefaction, and receiving, in his own per- son, the curses of the disappointed.* Against the bitterness of their discontent Wentworth had his unfailing resource. " I shall not neg- lect," he writes, " to preserve myself in good opinion with this people, in regard I become thereby better able to do my master's service ; longer than it works to that purpose. I am very indifferent what they shall think or can say concerning me." Not the less scruple had he in complaining of the king's arrangement, when it was tortured to purposes he had never con- templated, and he discovered that the charac- ter of his government was become that of an iron rule, wherein reward had no place, even for its zealous supporters. t For the foolish gravity of the luckless king had continued to 1 Dammy, if ever he comes to the King of England, I will turn rebel.' " Epistolee Howelliana:, No. 34, edit. 1650. * See Strafford Papers, vol. i., p. 140. t One instance, out of the many which strikingly illus- trate Wentworth's character in this respect, may be sub- joined. Lord Newburgh had procured from the king a promise of promotion for a young man in the Irish army, which the lord-dpputy felt would be disadvantageous to tha public service. Here are some passages of his remon- strance : " For if I be not favoured so far as that I may bo able to make myself friends, and draw unto myself some dependance by the expectance men may have from me in these places, that so I may have assistance and cheerful countenance from some, as I have already purchased the sour and bent brow of some of them, I foresee I shall have little honour, comfort, or safety amongst them. For a man to enforce obedience by punishment only, and be deprived all means to reward some to be always in vinegar, never to communicate of the sweet is, in my estimation of it, the meanest, most ignoble condition any free spirit can be re- duced unto The conclusion therefore is, I am confi- dent his majesty will not debar me of what (be it spoken under favour) belongs to my place, for all the solicitation of the pretty busy Lord Newburgh, who, if a man should move his majesty for anything in the gift of the chancellor of the duchy, would as perlly cackle, and put himself in the way of complaint, as if he had all the merit and ability in the world to serve his master.' 1 Stratford Papers, vol. i., p. 136-142. EARL OF STRAFFORD. 77 pen epistle upon epistle, disposing of the mos subordinate posts in the army, as well as th higher dignities of the Church. The system in the first instance, however, was one whicl a proud man, certainly, might submit to, but a vain man would hardly acquiesce in. I resume the progress of Wentworth's for tunes. His elevation became an instant sub ject of general remark ; and it is not difficul to discover that, in his native county, where he was best known, the surprise excited by so sudden a change, after such violent opposition was balanced by a greater surprise, on the oth er hand, that the honour should have been de layed so long. " Give me leave to inform you,' writes Sir Richard Hutton,* in a passage which is expressive of both these feelings, " that your late conferred honour is the subject of much discourse here in Yorkshire, which I conceive proceeds from the most, not out of any other cause than their known worth in you, which is thought merited it much sooner and greater ; but this is only to entertain you a little longer ; for I know that your actions are not justly lia- ble to any censure, I am sure not to mine ; for, being yours, it speaks them good to me, if noi the best." The character of the important of- fice intrusted to Wentworth included much that was especially grateful to him : enlarged by his desire, it presented power almost unlimited ; freedom at the same time from the little an- noyances of the court ; and the opportunity of exhibiting his genius for despotic rule in his own county, where personal friends might wit- ness its successes, and old adversaries, should the occasion offer, be made the objects of its triumph. To crown his cause of satisfaction, the Duke of Buckingham, who had still hung darkly over his approach to a perfect confidence and favour, was removed by the knife of Fel- ton. Secret congratulations passed, within a few days after this event, between Wentworth and Weston. Everything seemed to favour his entrance into power, and a light rose upon the future. " You tell me," writes his friend Wandesford to him, " God hath blessed you much in these late proceedings. Truly I be- lieve it, for by these circumstances we know, we may guess at them we know not."t This friend was not forgotten. Though so recently one of the active managers of the impeachment against Buckingham, he was at once received into favour, and Wentworth waited his oppor- tunity to employ the services of others, equally dear and valuable, while he did not fail to im- prove his opportunities of intercourse among his new associates. Laud was the chief object of his concern in this respect, for he had ob- served Laud's rising influence with the king. Wentworth wisely deferred his departure to the North until after the dissolution of Parlia- ment. The powers that awaited him there, in- creased by his stipulations, I have described as nearly unlimited. The council of York, or of the North, whose jurisdiction extended over the counties of York, Northumberland, Cum- berland, and Westmoreland, over the cities of York and Hull, the bishopric of Durham, and the town of Newcastle-upon-Tyne,t included within itself the powers of the courts of com- Strafford Papers, vol. i., p. 47. Rushworth, vol. i., p. 162. t Ibid., p. 49. mon law, of the Chancery, even of the Star Chamber. It had originated in the frequent northern rebellions which followed Henry VIII. 's suppression of the lesser monasteries. Before the scheme for the suppression of the greater monasteries was carried into effect, it was judged expedient, in consequence of such disturbances, to grant a commission to the Bishop of Llandaff and others, for the purpose of preserving the peace of these northern coun- ties. This commission was, to all appearances, simply one of oyer and terminer ; but a clause had been inserted in it, towards the conclusion, authorizing the commissioners to hear all caus- es, real and personal, when either or both of the parties laboured under poverty,* and to de- cide according to sound discretion. This lat- ter license, however, was soon afterward de- clared by all the judges to be illegal ; and the power of hearing real and personal causes at all was rarely acted upon up to the second year of Elizabeth's reign, when it also was declared to be illegal, since causes regarding property, whether real or personal, could only be decided by the laws of the land. It was reserved for James to issue, over these decisions, a new commission, " very differing," says Clarendon, "from all that went before." The commis- sioners were no longer ordered to inquire " per sacramentum bonorum et legalium hominum," or to be controlled by any forms of law, but were referred merely to secret instructions, which, for the first time, were sent down to the council. This at once reduced the whole of the North to an absolute subjection, and that so flagrant, that the judges of the court of Com- mon Pleas had the decent courage to protest actively against it, by issuing prohibitions on demand to the president and council ; and James himself was obliged to have the instructions enrolled, that the people might, in some meas- ure, be able to ascertain by what rules their conduct was to be regulated, t One of Wentworth's first announcements, in succeeding to this enormous power, the very- acceptance of which was a violation of the vi- tal principles and enactments of the petition of right, was to declare that he would lay any man by the heels who ventured to sue out a prohibition in the courts at Westminster.} His excuse for such a course of proceeding was afterward boldly avowed.^ " It was a chaste ambition, if rightly placed, to have as much power as may be, that there may be )ower to do the more good for the place where a man serves." Now Wentworth's notion of ;ood went straight to the establishment of ab- solute government ; and to this, his one grand object, from the very first moment of his pub- ic authority, he bent every energy of his soul, ie devoted himself, night and day, to the pub- ic business. Lord Scroop'sll arrears were * " Quando anibae partes, vel altera pars, gravata pauper- ate fuerit." Rushworth, vol. ii., p. 162. t An interesting account of the origin and practices of his council of York was given by Hyde (Lord Clarendon) n the Long Parliament. The speech is reported by Rush* worth, vol. ii., p. 162-165. t Rushworth, vol. ii., p. 159. I) In his answers to the charges of his impeachment, ee Rushworth, vol. ii., p. 161. II His predecessor in the government of York, afterward Sari of Sunderland. Wandesford speaks of him with great ontempt, in a letter to Wentworth : " Your predeces- or, like that candle hid under a bushel, while he lived in his plape, darkened himself and all that were about him, 78 BRITISH STATESMEN. speedily disposed of, an effective militia was imbodied and disciplined, and all possible means were resorted to for an increase of rev- enue. The fines on recusants, the composi- tions for knighthood, and the various exactions imposed by government, were rigorously en- forced by him. At the same time, his hand, though heavy, was equal, and the reports of his government were, in consequence, found to be very various. The complainants contradicted each other. " Your proceeding with the recu- sants," writes Weston, " is here, where it is well understood, well taken, though there be different rumours ; for it is said that you pro- ceed with extreme rigour, valuing the goods and lands of the poorest at the highest rates, or rather above the value, without which you are not content to make any composition. This is not believed, especially by me, who know your wisdom and moderation ; and your last, too, gave much satisfaction even to those who informed me, when they saw thereby that you had compounded with none but to their own contentment."* Cottington, the chancellor of the exchequer, had expressed more character- istically, some days before, the approbation of the court. "For the business of the recu- sants, my lord-treasurer sent immediately your letter to the king (who is in his progress), from whom he received a notable approbation both of your intentions and proceedings, as he him- self will tell your lordship in his own letters ; for you are his mistress, and must be cherished and courted by none but himself." So early did the king deem it expedient to exhibit that peculiar sense of his minister's service. When the minister had bound himself up inextricably with the royal cause, it was thought to be less expedient ! In such a course as this which "Wentworth had now entered on, it is quite clear that to have permitted the slightest disregard of the authority assumed must have proved fatal. I cannot see anything unnatural, therefore, in his conduct to Henry Bellasis, and in several other personal questions which at present come un- der notice. Nothing is apparent in it at vari- ance with the system to be worked out, nothing outrageous or imprudent, as his party have been at some pains to allege. These matters are not to be discussed in the abstract. Des- potism is the gist of the question ; and if the phrase "unnatural" is to be used, let it fal upon that. The means employed to enforce it are obliged, as a matter of necessity, to partake of its own nature, or it would not for an instant be borne. One of Wentworth's first measure had been to claim for himself, as the represent- ative of absolute royalty, the most absolute reverence and respect. On the occasion of a " solemn meeting," however, this young man Bellasis, the son of the Lord Faulconberg manifested a somewhat impertinent disregarc of these orders, entered the room without " showing any particular reverence" to the lord-president, remained there with his hat on and as Wentworth himself passed out of the meeting " with his hat off, the king's mace bearer before him, and all the rest of the com and dieth towards us (excuse me for the phrase) like a nuff unmannerly left in a corner." Stratford Papers, vol i., p. 49. * Strafford Papers, vol. i., p. 52 )any uncovered, Mr. Bellasis stood with his iat on his head, looking full upon his lordship without stirring his hat, or using any other reverence or civility." In a man of rank, this was the less to be overlooked. Bellasis was ordered before the council board, where he )leaded that his negligence had arisen from accident, that his look was turned the other way, that he was not aware of the lord-presi- dent's approach till he had passed, and, finally, that he meant no disrespect to the lord-presi- dent's dignity. He was required to express, in addition, his sorrow for having given offence to ' Lord Wentworth." He refused to do this ; jut at last, after a month's imprisonment in the Gate House, was obliged to submit.* Other cases of the same description occurred. A bar- rister at law, something disaffected to the lord- president's jurisdiction, expiated his offence in a lowly submission on his knees ;t and a punishment fell on Sir David Foulis, heavier and more terrible, in proportion to Wentworth's sense of the conduct that had provoked it. Sir David Foulis was a deputy lieutenant, a justice of the peace, and a member of the coun- cil of York. Holding this position in the coun- ty, he had. on various occasions, made very disrespectful mention of the council of York ; had thrown out several invidious insinuations against its president ; and had shown much activity and zeal in instigating persons not to pay the composition for knighthood, which he considered an illegal and oppressive exac- tion. J Wentworth immediately resolved to make him a signal example ; and the extraor- dinary perseverance, and unscrupulous meas- ures, by dint of which he at last secured this, are too singularly illustrative of his character to be passed over in silence. An information was immediately ordered to be exhibited in the Star Chamber against Sir David Foulis ; against his son, who had shared in his offence, and against Sir Thomas Layton, the high sher- iff of the county, who had sanctioned and as- sisted the disaffection. Some necessary delays put off the hearing of the cause till after Went- worth's departure to Dublin. But one of the last things with which he busied himself pre- vious to his departure was the making sure of the issue. He wrote from Westminster to the lord-treasurer (one of the judges that were to try it !), who was then in Scotland, " I have perused all the examinations betwixt me and Foulis, and find all the material parts of the bill fully proved, so as I have him soundly upon the hip ; but I desire it may not be spoken of, for albeit I may by order of the court see them, yet he * See the proceedings before the council board, Rush- worth, vol. ii., p. 88. t See Rushworth, vol. ii., p. 160. t Foulis had, in less important matters, equally sought to baffle the authority of the lord-president. I find the fol- lowing passage in a letter to Wentworth, from Sir William Pennyman, one of his watchful retainers: "There was a constable under Sir David Foulis (who, by reason of some just excuse, as was pretended, appeared not) that refused to pay twelve pence to Captain Philips, and it was thus dis- covered. I bid one of the townsmen lay down twelve pence, and the constable should pay him again. He answered, That the constable told him, that Sir David Foulis had commanded him, that if any were demanded he should pay none ; and of this I thought it but my part to acquaint your lordship ; not that I would aggravate anything against Sir David Foulis, for it might only be some misprision in the constable, but that your lordship might know of the least passage which may have relation or reflection upon your- self." EARL OF STRAFFORD. 79 may not, till the end of the next term."* Wes- tern did not receive this hint at first very cor- dially ; but Cottington, another of the judges, wrote to him a week or two after he had quit- ted London, " We say here that your lordship's cause against Foulis shall come to hearing this term, and I inquire much after it." Went- worth, though then much distracted by sickness and affairs, acted eagerly on this intimation, and sent over a special messenger to Cotting- ton, with a short brief of the strong points of the case, written out by himself, and an ex- tremely characteristic letter. He says boldly, " I must wholly recommend myself to your care of me in this, which I take to concern me as much, and to have therein as much the bet- ter, as I ever had in any other cause all the days of my life ; so I trust a little help will serve the turn." It is clear, in point of fact, that Wentworth felt that much of his authori- ty, in so far as personal claims sustained it or, in other words, that much of his probable success or non-success in the new and desperate assumptions by which alone his schemes of government could be carried on was concern- ed in the extent of punishment awarded in the present case, and the corresponding impression likely to be created. He omits no considera- tion in his letter, therefore, that is in any way likely to influence Cottington. He points out particularly how much the "king's service" is concerned, and that the arrow was " shot at him" in reality. " The sentencing of this man," he continues, " settles the right of knighting business bravely for the crown, for in your sentence you will certainly declare the undoubted right and prerogative the king hath therein by common law, statute law, and the undeniable practice of all times ; and therefore I am a suitor by you to his majesty, that he would be graciously pleased to recommend the cause to the lords, as well in his own right as in the right of his absent poor servant, and to wish them all to be there. You are like to be- gin the sentence, and I will be bold to tell you my opinion thereon. You have been pleased sometimes, as I sat by you, to ask me my con- ceit upon the cause then before us ; admit me now to do it upon my own cause, for, by my troth, I will do it as clearly as if it concerned me not. " An aggravation of every point in the case against Foulis and his son follows, with a cu- rious citation of a number of precedents for a heavy punishment, and a strong personal ap- peal in behalf of his own character. " Much more I could say, if I were in the Star Cham- ber to speak in such a cause for my Lord Cot- tington ; but I will conclude with this, that I protest to God, if it were in the person of an- other, I should in a cause so foul, the proof so clear, fine the father and the son, Sir David and Henry Foulis, in 2000 apiece to his maj- esty, and in 2000 apiece damages to myself for their scandal ; and they both to be sent down to York, and there publicly, at York as- sizes next, to acknowledge, in the face of the whole country, the right his majesty hath to that duty of knightings, as also the wrong he hath done me ; humbly craving pardon of his maj- esty, and expressing his sorrow so to have mis- represented his majesty's most gracious pro- * Stratford Papers, vol. i., p. 91. ceedings, even in that course of compounding where the law would have given him much more, as also for so falsely slandering and belying me without a cause. For Sir Thomas Layton, he is a fool, led on by the nose by the two former, nor was I willing to do him any hurt ; and so let him go for a coxcomb as he is ; and when he comes home, tell his neighbours it was well for him he had less wit than his fellows."* As the hearing approached more nearly, Went- worth, regardless of the equivocal reception Weston had formerly given him, wrote again to the lord-treasurer. " My lord, I have to be heard this term a cause between Sir David Foulis and me in the Star Chamber, and a very good one, if I flatter not myself exceedingly : I do most earnestly beseech your lordship's presence, and that I may taste of the ordinary effects of your justice and favour towards me your faithful servant, albeit here removed in another kingdom. "t Scarcely a member of that considerate court did he fail to solicit as earnestly. How could the honest judges fail to perform all that had been so asked of them 1 Foulis was degraded from his various offices ; fined 5000 to the king, 3000 to Wentworth ; con- demned to make a public acknowledgment of the most abject submissiveness " to his majes- ty and the Lord-viscount Wentworth, not only in this court, but in the court of York, and likewise at the open assizes in the same coun- ty ;" and finally committed to the Fleet during his majesty's pleasure. His son was also im- prisoned and heavily fined. Layton, the " fool," was presented with his acquittal. Wentworth's gratitude at this result overflowed in the most fervent expressions to his serviceable friends. Cottington was warmly thanked. " Such are your continued favours towards me," he wrote to Laud, " which you were pleased to manifest so far in the Star Chamber in that cause be- twixt Sir David Foulis and me, not only by your justice, but by your affection too, as in- deed, my lord, the best and greatest return I can make is to pray I may be able to deserve," &c. A long despatch to Cooke included an expression of the "obligation put upon me by the care you expressed for me in a suit this last term, which came to a hearing in the Star Chamber, betwixt Sir D. Foulis and me, and of the testimony your affection there gave me, much above my merit. Sir, I humbly thank you," &c., &c. A still more important and weighty despatch to Weston closed with, " I do most humbly thank your lordship for your noble presence and justice in the Star Cham- ber, being the business indeed, in my own esti- mation, which more concerned me than any that ever befel me hitherto in my whole life." And to his cousin the Earl of Cleveland he thus expressed himself: " I understand my cause in the Star Chamber hath had a fair evening, for which I am ever to acknowledge and reverence the justice of that great court to an absent man. Your lordship hath still been pleased to honour me with your presence when anything concerned me there ; and believe me, if ever I * Stratford Papers, vol. i., p. 145, 146. A more remark- able opportunity was reserved for him, on the occasion of his own impeachment, to express his contempt of this Sir Thomas Layton. See Rushworth, vol. viii., p. 151. t Strafford Papers, vol. i., p. 143. 80 BRITISH STATESMEN. be absent from the place where I may serve you, it shall be most extremely against my will. I see it must still be my fortune to work it out in a storm, and I find not myself yet so faint as to give over for that, or to abandon a good cause, be the wind never so loud or sour." One characteristic circumstance remains to be added. All the various letters and despatches in which the passages I have quoted are to be found, together with others to various noble lords, bear the same date.* No one of those who had served Wentworth was left to speak of thanks that he only had received.? In relief from this painful exhibition of a false public principle tyrannizing over private morals and affections, I turn to present the somewhat redeeming aspect of those uncontrolled regards which Wentworth could yet suffer himself to indulge. In consequence of incessant applica- tion} to the duties of his office, he was now able to pass little of his time at the family seat ; but he seems to have been anxious that his children, William and the little Lady Anne, should, for health's sake, continue to reside there. He had intrusted them, accordingly, to the charge of Sir William Pennyman, a person bound to his service by various strong obliga- tions. The Lady Arabella, then on the eve of confinement, remained with Wentworth. Pennyman appears to have had careful instruc- tions to write constant accounts of the chil- dren, and it is interesting to observe the sort of details that were thought likely to prove most welcome to their father. "Now," he says, " to write that news that I have, which I presume will be most acceptable, your lord- ship's children are all very well, and your lord- * See the Strafford Papers, vol. i., p. 189, 194, 202, 204, &c., &c. t I may conclude the mention of this Foulis affair by quoting a characteristic note from one of Wentworth's vo- luminous private despatches to the Rev. Mr. Greenwood. After instructions of various sorts respecting his personal affairs in Yorkshire, which occupy eight closely-printed fo- lio pages, the lord-deputy subjoins : " One word more I must of necessity mention, that is, the business betwixt me and Sir David Foulis. How this stands I know not ; but I pray you inform yourself what lands I have received the rents of by virtue of the extent, and what money Richard Marris has received towards my 3000 damages and costs of suit ; and that you will cause a perfect and half year's account to be kept of all the disbursements and receipts concerning this matter in a book precisely by itself. I be- beech you set this business in a clear and certain course, for you may be sure, if any advantage or doubt can be rais- ed, I shall be sure to hear of it." Strafford Papers, vol. i., p. 488. Letter from Dublin, dated Nov., 1635. i His friends were constantly, but vainly, warning him of the dangers he incurred by this. " I long," writes his friend Mainwaring to him, " to hear of my lady's safe delivery, and of your lordship's coming up. . . Your lordship must give me leave to put you in mind of your health, for I hear you take no recreation at all." Strafford Papers, vol. i., p. 54. Q This person afterward played his part at the impeach- ment. It may be worth while to quote a passage from one of his letters, written at the period referred to in the text, in illustration of the means which Wentworth employed to engage, as deeply as possible, the devotion of men who promised to be useful to him. " For my own part," writes Pennyman to the lord-president, " I hope shortly to pay my composition, and I wish I could as easily satisfy your debt, and compound with your lordship, as I can with the king. But it is a thing impossible. My best way, I think, is to do like the painter, who, when, after a great deal of pains, he could not describe the infinite sorrow of a weeping father, presented him on a table with his face covered, that the spectators might imagine that sorrow which he was not able to express. My debt, like his sorrow, is not to be de- scribed, much less my thanks and acknowledgments. Yet give me leave to tell your lordship that there is not one alive that more honours you than your lordship's most faithful and indebted servant." Strafford Papers, vol. i., p. 56. i ship need not fear the going forward of your building, when you have so careful a steward as Mrs. Anne. She complained to me very much of two rainy days, which, as she said, hindered her from coming down, and the build- ing from going up, because she was inforced to keep her chamber, and could not overlook the workmen."* This important little maiden, then between three and four years old, had certainly inherited the spirit of the Wentworths. " Mr. William and Mrs. Anne," Pennyman writes on another occasion, " are very well. They were not a -little glad to receive their tokens, and yet they said they would be more glad to receive your lordship and their worthy mother. We all, with one vote, agreed in their opinion, and wished that your lordship's occasions might be as swift and speedy in their despatch as our thoughts and desires are in wishing them."t At the commencement of 1631, Wentworth's second son was born. This child, Thomas Wentworth, after eight months of uncertain health, died. At about this time the services of the lord-president seem to have been urgent- ly required in London, and Weston wrote to him entreating his immediate presence. t The health of the Lady Arabella, however, who was again near the period of confinement, was now an object of deep anxiety to Wentworth, and he remained with her in Yorkshire. In Octo- ber, a second daughter, the young Arabella, was born to him, and within the same month, on a Tuesday morning, says Radcliffe, "his dear wife, the Lady Arabella, died. I took this earl out of bed, and carried him to receive his last blessing from her."|| Wentworth deeply felt her loss, and never, at any time, through his after life, recalled her beauty, her accomplish- ments, or her virtue, without the most tender enthusiasm. 1T Some days after this sad event, Wentworth received intelligence from his friend and rela- tion, Sir Edward Stanhope, of certain intrigues which, during his absence, had been moving against him in the court at London. " I re- ceived your letter," he writes back, '* by which I perceive you have me in memory, albeit God hath taken from me your noblest cousin, the incomparable woman and wife my eyes shall ever behold. I must confess this kindness works with me much." After some allusions to Stanhope's intelligence, he proceeds : " Yet truly I cannot believe so ill of the propounders, * Strafford Papers, vol. i., p. 55. t Ibid., p. 57. t " I hope," writes the lord-treasurer, " this bearer will find you well, well disposed, and the better, enduring: so prudently as I hear you do, the loss of your younger son. We are glad here to hear you are in so good a temper, and that you receive it as a seasoning of human felicity, which God often sends where he loves best ; but you need none of my philosophy ; and therefore this is only to remember you of being here in the beginning of the term, according to your promise, and I entreat you to think it necessary to make haste. We want you now for your counsel and help in many things." Strafford Papers, vol. i., p. 58. <) Essay. Mr. Mac Diarmid and other writers have fall- en into the error of supposing that she died after the birth of the last boy. II Radcliffe here alludes, "by this earl," to the boy Will- iam, who was Earl of Strafford when his essay was writ- ten. Mr. Brodie whimsically turns it into Sir George Rat- cliffe carrying Wentworth himself oul of bed to receive his wife's last blessing. Brit. Emp., vol. iii., p. 129. T [She left him with three children William, who in 1665 was restored to his father's titles ; Anne, married to Edward Watson, Earl of Rockingham ; and Arabella, mar- ried to John M'Carthy, Viscount Mountcashel, in Ireland. -C.] EARL OF STRAFFORD. 81 both because in my own nature I am the man least suspicious alive, and that my heart tells me I never deserved but well of them indeed passing well. It is impossible it should be plot- ted for my ruin ; sure at least impossible I can think so ; and if there can be such mischief in the world, then is this confidence given me as a snare by God to punish me for my sins yet farther, and to draw me yet more immediately and singly to look up to him, without leaving me anything below to trust or, look to. The worst, sure, that can be is, with honour, profit, and contentment, to set me a little farther off from treading upon anything themselves de- sire ; which granted, I am at the height of my ambitions, brought home to enjoy myself and friends, to leave my estate free and plentiful to your little cousin, and which is more than all this, quietly and in secret to serve my Maker, to commune with him more frequently, more profitably, I trust, for my soul than formerly."* Of short duration was this composed attitude of mind ! The ink was scarcely dry upon his letter when he reappeared in his court at York, pursued with startling energy some of his most resolute measures, and reassured his master in London of the invaluable nature of his services by sundry swellings of the royal revenue. Money, the main nerve that was to uphold the projected system, was still the grand object of Wentworth's care, and money he sent to Charles. The revenue, which, on his succeed- ing to the presidency of York, he had found no more in amount than 2000 a year, he had al- ready raised to an annual return of 9500. t Still, however, intriguers were busy against him, and a rumour was conveyed by them to Weston's ear that he had resolved to use his notoriously growing influence with the king to endeavour to win for himself the staff of the lord-treasurer. The trusty Wandesford discovered this, and despatched the intelli- gence to Wentworth. The next courier from Yorkshire brought a packet to Weston. " Let shame and confusion then cover me," ran the characteristic letter it enclosed, " if I do not abhor the intolerable anxiety I well un- derstand to wait inseparably upon that staff, if I should not take a serpent as soon into my bosom, and if I once find so mean a thought of me can enter into your heart, as that to compass whatever I could take most delight in, I should go about beguilefully to supplant any ordinary man (how much more, then, im- potently to catch at such a staff, and from my lord-treasurer !) if I leave not the court in- stantly, betake myself to my private fortune, reposedly seek my contentment and quiet with- in my own doors, and follow the dictamen of my own reason and conscience, more accord- ing to nature and liberty than in those gyves which now pinch and hang upon me. Thus you see how easily you may be rid of me when you list, and, in good faith, with a thousand thanks : yet be pleased not to judge this pro- ceeds out of any wayward weary humour in me neither, for my endeavours are as vigorous and as cheerful to serve the crown and you as ever they were, nor shall you ever find them to faint or flasquer. I am none of those soft-tempered spirits ; but I cannot endure to be mistaken, or * Straffbrd Papers, vol. i., p. 61. Li t Ibid., p. 89, 90. suffer my purer and more entire affections to be soiled, or in the least degree prejudiced, with the loathsome and odious attributes of cove- tousness and ambitious falsehood. Do me but right in this. Judge my watches to issue (as in faith they do) from clearer cisterns. I lay my hand under your foot, I despise danger, I laugh at labour. Command me in all difficul- ties, in all confidence, in all readiness. No, no, my lord," continued Wentworth, lapsing into the philosophic tone he could assume so well, " No, no, my lord ! they are those sover- eign and great duties I owe his majesty and your lordship, which thus provoke me beyond my own nature rather to leave those cooler shades, wherein I took choicest pleasure, and thus put myself with you into the heat of the day, than poorly and meanly to start aside from my obligations, convinced in myself of the most wretched ingratitude in the whole world. God knows how little delight I take in the outwards of this life, how infinitely ill sat- isfied I am with myself, to find daily those calm and quiet retirements, wherein to con- template some things more divine and sacred than this world can afford us, at every moment interrupted through the importunity of the af- fairs I have already. To heaven and earth I protest it, it grieves my very soul !"* Weston's suspicions, which, had he known Wentworth better, would never for a moment have been entertained, could not but sink before such lan- guage as this ; and the lord-president's speedy arrival in London exploded every hostile at- tempt that still lingered about the court against him. Charles was now remodelling his counsels. The extraordinary success of Wentworth's northern presidency had inspired him with new hopes ; his coffers had been filled without the hated help of the House of Commons ; ' and that prospect of independent authority which he ear- nestly entertained, no longer seemed distant or hopeless. A conclusion of peace with France and Spain favoured the attempt. He offered Lord Wentworth the government of Ireland. His favourite scheme was to deliver up the three divisions of the kingdom to the superin- tendence of three favourite ministers, reserving to himself a general and not inactive control over all. Laud was the minister for England, and the affairs of Scotland were in the hands of the Marquess of Hamilton. Ireland, accept- d by Wentworth, completed the proposed plan. The condition of Ireland, at this moment, was in the highest degree difficult and danger- ous. From the conquest of Henry the Second up to the government of Essex and Montjoy, icr history had been a series of barbarous dis- asters. The English settlers, in a succession of ferocious conflicts, had depraved themselves >elow the level of the uncivilized Irish ; for, "nstead of diffusing improvement and civiliza- ion, they had obstructed both. The system of government was, in consequence, become he mere occasional and discretionary calling of a Parliament by the lord-deputy for the time, composed entirely of delegates from within the English pale, whose duty began and closed in he sanctioning some new act of oppression, or he screening some new offender from punish- * Strafford Papeis, vol. L, p. 79, 80. 82 BRITISH STATESMEN. ment. One glimpse of a more beneficial pur- pose broke upon Ireland in the reign of Henry the Seventh, during the government of Sir Ed- ward Poynings, who procured a decree from the Parliament, that all the laws theretofore enacted in England should have equal force in Ireland. With the determination of destroy- ing, at the same time, the discretionary power that had been used, of summoning and dismiss- ing Parliaments at pleasure, and of passing sud- den laws for the purpose of occasional oppres- sions, Sir Edward Poynings procured the en- actment of his famous bill, that a Parliament should not be summoned above once a year in Ireland, nor even then, till the propositions on which it was to decide had been seen and ap- proved by the privy council of England. But the native Irish chiefs had been too fiercely hardened in their savage distrust of the Eng- lish to reap any advantage from these meas- ures. They retreated to their fastnesses, and only left them to cover the frontier with out- rage and bloodshed. Lord Montjoy at last subdued them, released the peasantry from their control, and framed a plan of impartial government. In the course of the ensuing reign new settlements of Eng- lish were accordingly formed, the rude Irish customs were discountenanced, the laws of England everywhere enforced, courts of judi- cature established after the English model, and representatives from every part of the kingdom summoned to the Parliament. When England herself, however, began to groan under oppres- sions, Ireland felt them still more heavily, and was flung back with a greater shock. The ar- bitrary decrees of Charles's privy council, mil- itary exactions, and martial law, were stran- gling the liberties of Ireland in their very birth. Bitter, tqo, in its aggravation of other grievan- ces, was Irish theological discord. The large majority of Papists, the sturdy old Protestants of the Pale, the new settlers of James, Presby- terians, and Puritans, all were in nearly open warfare, and the penalties enforced against re- cusants were equally hateful to all. The rig- our of the Church courts, and the exaction of tithes, kept up these discontents by constant exasperation. Such was the state of affairs when Charles sent Lord Falkland to Dublin. His lordship soon found that his government was little more than the name of one. The army had gradu- ally sunk to 1350 foot and 200 horse ; which mean force, divided into companies, was com- manded by privy counsellors, who, managing to secure their own pay out of the receipts of the exchequer> compounded with the privates for a third or fourth part of the government allow- ance ! Insignificant in numbers, such manage- ment had rendered the soldiers ten times more inefficient, and, utterly wanting in spirit or con- duct, often, indeed, the mere menial servants of the officers, they excited only contempt. Over and over again Lord Falkland detailed this state of things to Charles, and prayed for assist- ance ; but the difficulties in England, and the deficiencies in the Irish revenue, united to withhold it. At last, however, warned by im- minent dangers that threatened, the king an- nounced his resolution to augment the Irish forces to 5000 foot and 500 horse, and, unable to supply the necessary charge from an empty treasury, he commanded the new levies to be quartered on the different towns and counties, each of which was to receive a certain portion of the troops, for three months in turn, and to supply them with the required necessaries. Alarmed by this project and justly consider- ing a great present sacrifice, with some chance of profit, better than to be burdened with a tax of horrible uncertainty, which yet gave them no reasonable reliance for the future the Irish people instantly offered the king a liberal vol- untary contribution, on condition of the redress of certain grievances. Catholics and Protest- ants concurred in this, and delegates from both parties laid the proposal before the king him- self, in London. The money they offered first, in the shape of a voluntary contribution of 100,000, the largest sum ever yet returned by Ireland, and to be paid by instalments of 10,000 a quarter. Their list of grievances they produced next, desiring relief from the ex- actions of courts of justice, from military dep- redations, from trade monopolies, from the re- ligious penal statutes, from retrospective inqui- ries into defective titles beyond a period of six- ty years,* and finally praying that the conces- sions should be confirmed by an Irish Parlia- ment. Some of these conditions were intoler- able to Charles. A Parliament was at all times hateful to him, and scarcely less convenient than the absence of Parliaments, to a prince who desired to be absolute, was the privilege of increasing the royal revenue, and obliging the minions of royalty, by discovering old flaws in titles. Glorious had been the opportunity of escheating large possessions to the crown, or of passing them over to new proprietors ! Yet here was a present offer of money an ad- vantage not to be foreborne ; whereas, so con- venient was Charles's moral code, an assent to obnoxious matters was a thing to be withdrawn at the first convenient opportunity, and evaded at any time. The " graces," as the conces- sions were called, were accordingly promised to be acceded to ; instalments of the money were paid ; and writs were issued by Lord Falk- land for a Parliament. The joyful anticipations raised in conse- quence soon received a check. The writs were declared void by the English council, in consequence of the provisions of Poynings's law+ not having been attended to by Lord Falkland, who was proved to have issued the writs on his own authority, without having previously transmitted to England a certificate of the laws to be brought forward in the pro- posed Parliament, with reasons for enacting them, and then, as he ought to have done, waited for his majesty's license of permission under the great seal. Still the people thought this a casual error, and they waited in confi- dence of its remedy. The Roman Catholic party, meanwhile, encouraged by the favoura- ble reception of their delegates at court, and elated by a confidence of protection from the queen, proceeded to act at once in open de- * It had been usual to dispossess proprietors of estates for defects in their tenures as old as the original conquest of Ireland ! No man was secure at his own hearth-stone. See Leland, vol. ii., p. 466-468. t These provisions had received additional ratification by subsequent statutes, the 3d and 4th of Philip and Mary. EARL OF STRAFFORD. 83 fiance of the penal statutes. They seized churches for their own worship, thronged the streets of Dublin with their processions, erect- ed an academy for the religious instruction of their youth, and re-enforced their clergy by supplies of young priests from the colleges of France and Spain. The extreme alarm of the Protestants at these manifestations induced Lord Falkland at last to issue a proclamation, prohibiting the Roman Catholic clergy from exercising any control over the people, and from celebrating their worship in public. The Roman Catholics, incensed at this step, now clamoured for the promised graces and Parlia- ment ; the Protestants had too many reasons to join them in the demand ; and both parties united in declaring that payment of the contri- bution, under present circumstances, was an intolerable burden. In vain Lord Falkland of- fered to accept the payment in instalments of 5000 instead of 10,000 a year ; the discon- tents daily increased, and, in the end, drove the lord-deputy from power. Lord Falkland, the object of censure that should have fallen elsewhere, returned to England. A temporary administration, consisting of two lords-justices the one, Lord-chancellor Viscount Ely, and the other, Lord-high-treasu- rer the Earl of Cork was formed. Both these noblemen were zealously opposed to the Roman Catholics, and instantly, without waiting the king's orders, commenced a rigorous execution of the penal statutes against recusants. An intimation from England of the royal displeas- ure threw some shadow over these proceedings, but not till the opposition they had strengthen- ed had succeeded in suppressing the academy and religious houses which had been erected by the Roman Catholics in Dublin. To com- plete the difficulties of the present state of af- fairs, the termination of the voluntary contri- bution now fast approached, and the temper of all parties left any hope of its renewal more than desperate. Imminent, then, was the danger which now beset the government of Ireland. Without the advantage of internal strength, it had no pros- pect of external aid. The treasury in England could not afford a farthing to increase the ar- my ; the money designed for that purpose had been swallowed up in more immediate neces- sities, and the army sank daily into the most miserable inefficiency. Voluntary supply was out of the question, and compulsory exactions, without the help of soldiers, still more ridicu- lously vain. In the genius of the lord-presi- dent of the North, Charles had one hope re- maining.* Wentworth received his commission in the early months of 1632. He resolved to defer his departure, however, till he had informed himself fully of the state of his government, and fortified himself with all the authorities that should be needful. The energy, the pru- dence, the various powers of resource with which he laboured to this end, are only to be appreciated by an examination of the original * Ample authorities for this rapid summary of Irish af- fairs will be found in Leland's History, vol. ii., p. 107, to the end, and vol. iii., p. 1-10, edition of 1733. I have also availed myself of Mr. MacDiarmid's account, Lives of Brit- ish Statesmen, vol. ii., p. 125-135. documents, which still remain in evidence of all.* They were most extraordinary. The first thing he did was to procure an order from the king in restriction of the authority of the government of lords-justices during his own absence from Dublin. t In answer, then, to various elaborate congratulations from the offi- cers of the Irish government, he sent back cold, but peremptory requests for information of their various departments. The treasury ne- cessities, and means of supply, were his pri- mary care. The lords-justices declared that the only possible resource, in that respect, was to levy rigorously the penalties imposed by statute on the Roman Catholics for absence from public worship. The cabinet in London, powerless of expedient, saw no chance of avoiding this, when Lord Cottington received from York one of Wentworth's vigorous de- spatches. " Now, my lord," reasoned the new lord- deputy, " I am not ignorant that what hath been may happen out again, and how much every good Englishman ought, as well in rea- son of state as conscience, to desire that king- dom were well reduced to conformity of reli- gion with us here as, indeed, shutting up the postern gate, hitherto open to many a danger- ous inconvenience and mischief, which have over-lately laid too near us, exhausted our treasures, consumed our men, busied the per- plexed minds of her late majesty and all her ministers. Yet, my lord, it is a great business, hath many a root lying deep, and far within ground, which would be first thoroughly opened before we judge what height it may shoot up unto, when it shall feel itself once struck at, to be loosened and pulled up ; nor, at this dis- tance, can I advise it should be at all attempt- ed, until the payment for the king's army be else- where and surelier settled than either upon the vol- untary gift of the subjects, or upon the casual in- come of the twelvepence a Sunday. Before this fruit grows ripe for gathering, the army must not live pracario, fetching in every morsel of bread upon their swords' point. Nor will I so far ground myself with an implicit faith upon the all-foreseeing providence of the Earl of Cork as to receive the contrary opinion from him in verbo magistri, when I am sure that if such a rush as this should set that kingdom in pieces again, I must be the man that am like to bear the heat of the day, and to be also ac- countable for the success, not he. Blame me not, then, where it concerns me so nearly, both in honour and safety, if I much rather desire to hold it in suspense, and to be at liberty upon the place to make my own election, than thus be closed up by the choice and admission of strangers, whom I know not how they stand affected either to me or the king's service. Therefore let me beseech you to consult this business seriously with his majesty and with * See the Strafford Papers, vol. i., p. 61-97. t Id. ibid., p. 63. After intimating to the lords-justices Wentworth's appointment, the royal order proceeds : " We have, therefore, in the mean time, thought fit hereby to re- quire you not to pass any pardons, offices, lands, or church livings by grant under our great seal of that our kingdom, nor to confer the honour of knighthood upon any, or to dis- pose of any company of horse or foot there ; only you are required in this interim to look to the ordinary administra- tion of civil justice, and to the good government of our sub- jects and army there." 84 BRITISH STATESMEN. my lord-treasurer. Admit me here, with all submission, to express myself upon this point ; and finally, be pleased to draw it to some pres- ent resolution, which, the shortness of time considered, must instantly be put in action. I do conceive, then, what difficulties nay, what impossibility soever the council of Ireland hath pretended, that it is a very easy work to continue the contribution upon the country for a year longer, which will be of infinite advantage to his majesty 's affairs ; for we look very ill about us if in that time wejind not the means either to establish that revenue in the crown, or raise some other equiva- lent thereunto. And this we gain, too, without hazarding the public peace of the subject by any new apprehensions, which commonly ac- company such fresh undertakings, especially being so general as is the twelvepence upon the absentees." The despatch then went on to suggest that the very representations of the lords-justices might be used for the purpose of dispensing with their propositions, and to draw out, for the instruction of the council, a succinct plan of effecting this.* Distrustful, notwithstanding, of the energy of Cottington and his associates, Wentworth followed his despatch in person, arrived in London, t prevailed with the council to enter into his design, and had a letter immediately sent off to the lords-justices, bitterly complain- ing of all the evils they had set forth, of the impossibility of raising voluntary supplies, and the consequent necessity of exacting the pen- alties. " Seeing," added the king, by Went- worth's dictation, " seeing you conceive there is so much difficulty in the settlement of the payments, and considering the small hopes you mention in your letters of farther improvement there, we must be constrained, if they be not free- ly and thankfully continued, to strcighten our for- mer graces vouchsafed during those contributions, and make use more strictly of our legal rights and profits to be employed for so good and neces- sary a work." Leaving this letter, with other secret instructions, to work their effects, Went- worth next despatched a private and confiden- tial agent to Ireland, himself a Roman Catholic, to represent to his brethren personally and in secret the lord-deputy's regard for them, his willingness to act as a mediator, and his hope that a moderate voluntary contribution might be accepted in release of their heavy fines ; in one word, he sent this person " a little to feel their pulse under-hand."t " The instrument I employed," Wentworth afterward wrote to Cot- tington, " was himself a Papist, and knows no other than that the resolution of the state here is set upon that course [of exacting the recu- sant fines], and that I do this privately, in fa- vour and well-wishing, to divert the present storm, which else would fall heavy upon them all, being a thing framed and prosecuted by the Earl of Cork, which makes the man labour it in good earnest, taking it to be a cause pro aris etfocis." The first thing this agent discovered and communicated to his employer was that his temporary representatives, the lords-justi- * See Strafford papers, vol. i., p. 75-77. t This is evident from a subsequent despatch to Cotting- ton, in which he reminds him that the resolution I am about yonr lordship, the ! , , _... p. 74. t See Strafford Pape ces, were seeking to counteract his purpose, and had utterly neglected the instructions of the last letter that had been despatched to them from the king. With characteristic en- ergy, Wentworth seized this incident for a double purpose of advantage. There would be little hazard in supposing that their lordships of Ely and Cork were in- debted to the extraordinary letter, from which I shall quote the opening passages, for the strongest sensation their official lives had known. " Your lordships," wrote Wentworth, " heretofore received a letter from his majesty, directed to yourselves alone, of the 14th April last ; a letter of exceeding much weight and consequence ; a letter most weightily and ma- turely consulted, and ordered by his majesty himself ; a letter that your lordships were ex- pressly appointed you should presently cause to be entered in the council book, and also in the signet office ; to the end there might be public and uniform notice taken of his majes- ty's pleasure so signified by all his ministers, and others there, whom it might concern. How is it, then, that I understand this letter hath, by your lordships' order, lain ever since (and still doth, for anything I know) sealed up in silence at the council table 1 Not once pub- lished or entered, as was precisely directed, and expected from your lordships ! copies deni- ed to all men ! and yet not so much as the least reason or colour certified over hither for your neglect, or (to term it more mildly) for- bearance to comply with his majesty's direc- tions in that behalf! Believe me, my lords, I fear this will not be well taken if it come to be known on this side, and in itself lies open enough to very hard and ill construction, re- flecting and trenching deeper than at first may be apprehended. And pardon me, my lords, if in the discharge of my own duty I be transported beyond my natural modesty and moderation, and the respects I personally bear your lordships, plainly to let you know I shall not connive at such a presumption in you thus to evacuate my mas- ter's directions, nor contain myself in silence, see- ing them before my face so slighted, or at least laid aside, it seems, very little regarded. There- fore I must, in a just contemplation of his maj- esty's honour and wisdom, crave leave to ad- vise you forthwith to mend your error by en- tering and publishing that letter as is com- manded you, or I must, for my own safety, ac- quaint his majesty with all ; and I pray God the keeping it close all this while be not, in the sequel, imputed unto you as a mighty disser- vice to his majesty, and which you may be highly answerable for."* The next communi- cation from his popish agent informed Went- worth that the omissions complained of had been repaired, and, farther, that all parties had agreed to " continue on the contribution as now it is," till his coming. The deputy was thus left to complete, without embarrassment, his already meditated financial projects ; and the lords-justices, with their friends, had lei- sure to consider, and amene themselves to, the new and most peremptory lord who was short- ly to appear among them ! Ireland was hereafter to be the scene of an absolute government the government of a * Strafford Papers, vol. i., p. 77 EARL OF STRAFFORD. 85 comprehensive mind, but directed to a narrow and mistaken purpose. The first grand object of Wentworth's exertions was to be accom- plished in rendering the king's power uncon- trollable. Beyond this, other schemes arose. The natural advantages of Ireland, worked to the purpose of her own revenue, might be far- ther pressed to the aid of the English treasury ; and a scheme of absolute power successfully established in Ireland, promised still greater service to the Royalist side in the English struggle. The union of singular capacity with the most determined vigour which characterized every present movement of Wentworth, while it al- ready, in itself, seemed a forecast of vast though indefinable success, left the king no objection to urge against any of the powers he demanded. The following stipulations were at once assented to. They are all characteristic of Wentworth, of his sagacity no less than his ambition. They open with the evident as- sumption that the debts of the Irish establish- ment will soon be settled, and with consequent cautious exceptions against the rapacity of those numerous courtiers, who waited, as Went- worth well knew, to pounce upon the first va- cant office, or even the first vacant shilling. The lord-deputy demanded, . "That his majesty may declare his express pleasure, that no Irish suit, by way of reward, be moved for by any of his servants, or others, before the ordinary revenue there become able to sustain the necessary charge of that crown, and the debts thereof be fully cleared. That there be an express caveat entered with the secretaries, signet, privy seal, and great seal here, that no grant, of what nature soever, concerning Ireland, be suffered to pass till the deputy be made acquainted, and it hath first passed the great seal of that kingdom, accord- ing to the usual manner. That his majesty signify his pleasure that especial care be taken hereafter that sufficient and credible persons he chosen to supply such bishoprics as shall fall void, to be admitted of his privy council, to sit as judges, and serve of his learned coun- cil there ; that he will vouchsafe to hear the advice of his deputy before he resolve of any in these cases ; and that the deputy be com- manded to inform his majesty truly and impar- tially of every man's particular diligence and care in his service there, to the end his majes- ty may timely and graciously reward the well deserving, by calling them home to better pre- ferments here. That no particular complaint of injustice or oppression be admitted here against any, unless it appear the party made his first address to the deputy. That no con- firmation of any reversion of offices within that kingdom be had, or any new grant of a reversion hereafter to pass: That no new office be erected within that kingdom before such time as the deputy be therewith acquaint- ed, his opinion first required, and certified back accordingly. That the places in the deputy's gift, as well of the civil as the martial list, be left freely to his dispose ; and that his majesty will be graciously pleased not to pass them to any upon suit made unto him here."* * I have already alluded to the limitation under which this proposition was acceded to by the king. Charles was Lord Wentworth farther required and ob- tained, in the shape of supplementary private propositions, the following : " That all propositions moving from the dep- uty touching matters of revenue may be di- rected to the lord-treasurer of England, with- out acquainting the rest of the committee for Irish affairs.* That the address of all other despatches for that kingdom be, by speciaF di- rection of his majesty, applied to one of the secretaries singly. t That the Lord-viscount Falkland be required to deliver in writing in what condition he conceives his majesty's rev- enue and the government of that kingdom now stand, together with a particular of such designs for advancing his majesty's service as were either unbegun or unperfected by him when he left the place, as also his advice how they may be best pursued and effected." Not even content with these vast and ex- traordinary powers and precautions, Lord Wentworth engaged for another condition the most potent and remarkable of all that he was to consider them changeable on the spot whenever the advancement of his majesty's affairs required. " Your lordship may rest as- sured," writes Secretary Cooke, " that no me- diation shall prevail with his majesty to ex- empt the Lord Balfour from the rest of the op- posers of the contributions, but that he will be left with the rest to the censure of your jus- tice. And I am persuaded, that in this and all the rest of your proceedings for his service, his princely resolution will support you, if the rest of your friends here do their duties in their true rep- resentation thereof unto him. As your speedy passage for Ireland is most necessary for that government, so your safety concerneth his majesty's honour no less than your own. It is therefore found reasonable that you expect Captain Plumleigh, who, with this fair weath- er, will come about in a short time, (so as it may be hoped) he will prevent your coming to that port, where you appoint to come aboard. Your instructions (as you know), as well as the establishment, are changeable upon occasions for advancement of the affairs. And as you will be careful not to change without cause, so, when you find it necessary, his majesty will conform them by his wisdom to that he findeth fit upon your advice. For my service in anything that may tend to farther your noble ends, besides the duty of my place and trust, the confidence you repose in me, and the testimony you give thereof, are so obligatory, that I must forget myself much if you find not my professions made good. For the Yorkshire business, in the castigation of those mad men and foolst to make the grants conditionally to the applicants, and Wentworth was to concede or refuse them, as the good of the service required. " Yet so too," stipulated the king, " as I may have thanks howsoever ; that if there be any- thing to be denied, you may do it, not I." Strafford Pa- pers, vol. i., p. 140. * Reasons are subjoined to each proposition. As a speci- men, I quote from the few lines appended to the above : " Thus shall his majesty's profits go more stilly and speedily to their ends without being unseasonably vented as they pass along ; and the deputy not only preserved, but encouraged to deliver his opinion freely and plainly upon all occasions, when he is assured to have it kept secret, and in few and safe hands." t " This I will have done by Secretary Cooke," so writ- ten by the king himself upon the original paper. These " mad men and fools" were " Sir John Bouchier 86 BRITISH STATESMEN. which are so apt to fall upon you, that course which yourself, the Lord Cottington, and Mr. Attorney resolve upon, is here also taken, that prosecution may be made in both courts. I find your vice-president a young man of good understanding and counsellable, and very for- ward to promote his majesty's service.* The secretary is also a discreet, well-tempered man."t Wentworth, notwithstanding his new digni- ties, had resolved not to resign the presiden- cy of Yorkshire. And here we see, in the midst of his extraordinary preparations for his Irish government, he had yet found time to prosecute every necessary measure that had a view to the security of his old powers in the North. We gather from this letter of the sec- retary their general character. He celebrated his departure by some acts of vigorous power, and he wrung from the council of London such amplifications even of his large and unusual presidential commission as might compensate for the failure of personal influence and ener- gy consequent on his own departure.^ He and his complices," who soon received their most unjust judgment. This passage will serve to prove the value of Wentworth's answer to this matter, also urged against him afterward on his impeachment. " For the sentence against Sir John Bouchier, the defendant was not at all ac- quainted with it, being then in Ireland !" See Rushworth, Tol. ii., p. 161. It is to be observed, at the same time, that the Commons had not the advantage of the present evidence. * Edward Osborne had been finally chosen by Went- worth. A passage in the following extract from a letter of Sir William Pennyman's shows that the latter had been previously thought of for the office : " My servant can best satisfy your lordship of the good health of Mr. William and Mrs. Anne, for he saw them both before his journey ; they have been very well, and I trust will continue so. I am most willing I wish I could say able too to be your lord- ship's vice-president, but the defect of this must be sup- plied with the surplusage of the other." t Strafford Papers, v.ol. i., p. 93. The allusion to Lord Balfour, with which the above despatch opens, requires explanation. Wentworth, who had already possessed him- self of the most intimate knowledge of the stale of parties and disputes in his new government, had written thus some days before to Cooke : " I have sent here likewise unto you a letter from the lords-justices, together with all the examinations taken of the Lord Balfour, and the rest which refused the contribution in the connty of Ferma- nagh, by all which you will find plainly how busy the sheriff and Sir William Cole have been in mutinying the country against the king's service ; and I beseech you ac- quaint his majesty therewithal, and for the rest leave it to me when I come on the other side, and believe me, I will teach both them and others better grounds of duty and obedience to his majesty than they have shown in this wan- ton and saucy boldness of theirs. And so much the more careful must we be to correct this peccant humour in the first beginnings, in regard this is a great revenue, which his majesty's affairs cannot subsist without ; so that we must either continue that to the crown, or get something from that people of as much value another way ; wherein I conceive it most necessary to proceed most severely in the punishment of this offence, which will still all men else for a many years after ; and, therefore, if the king or your- self conceive otherwise, help me in time, or else I shall be sure to lay it on them soundly. My Lord Balfour excuseth his fault, and will certainly make means to his majesty for favour, wherein under correction, if his majesty intend to prosecute the rest, I conceive it is clearly best for the ser- vice to leave him entirely to run a common fortune, as he is in a common case with the rest of those delinquents." Strafford Papers, vol. i., p. 87. t The obtaining of such a commission formed one of the articles of his after impeachment, and his answer was, that he had never sat as president after the articles were framed. But he did not deny that the power they vested was exercised by his vice-president, on the lord-president's behalf, and consequently with the full responsibility of the latter. His instrumentality in obtaining these instructions, indeed, was not directly proved ; but it was proved that on one occasion " the president fell upon his knees and de- sired his majesty to enlarge his powers, or that he might pressed more especially for the settlement of a dispute with Lord Faulconberg by a perempto- ry punishment of the latter: "for this you know," he wrote to the secretary, " is a public business, and myself being to leave this gov- ernment for a while, desirous to settle and es- tablish this council in their just powers and credits, which is fit for the king's service, would fain see ourselves righted upon this arro- gant lord, and so discipline all the rest upon his shoulders, as I might well hope they should exer- cise their jurisdiction in peace during the time of my absence."* Lord Wentworth's fiercest pros- ecution of apparent personal resentments was, in all cases, the simple carrying out of that despotic principle in its length and breadth, and with reference to its ulterior aims, which had become the very law of his being. In this point of view only can they be justly or intelli- gibly considered. The cruelties associated with the name now about to be introduced have their exaggeration or their excuse, according as the feelings of the reader may determine but, at all events, have their rational and phil- osophical solution in this point of view alone. The Lord Mountnorris held at this time the office of vice-treasurer, which in effect was that of treasurer of Ireland. Clarendon observes of him, " He was a man of great industry, ac- tivity, and experience in the affairs of Ireland, having raised himself from a very private mean condition (having been an inferior servant to have leave to go home and lay his bones in his own cot- tage." Rushworth, vol. ii., p. 161. The commission was granted immediately after. Its most terrible article was that which in every case, in distinct terms, wrested from the subject the privilege of protection in Westminster Hall, and cut him off from any share in the rights, poor and con- fined as they were, of the rest of his fellow-subjects. Du- ring Wentworth's absence in Ireland, one judge of the Ex- chequer, Vernon, dared to move in defiance of these mon- strous restrictions. The lord-deputy instantly wrote to Cottington, described Vernon's conduct, and thus proceed- ed : "If this were not a goodly example in the face of a country living under the government of the president and council, for the respect and obedience due to the authority set over them by his majesty, of that awful reverence and duty which we all owe to his majesty's declared good-will and pleasure under the great seal, I am much mistaken. I do, therefore, most humbly beseech this judge maybe con- vented at the council board, 'and charged with these two great misdemeanors ; which if he deny, I pray you say openly in council I am the person will undertake to prove them against him, and withal affirm that by these strange extravagant courses he distracts his majesty's government and affairs more than ever he will be of use unto them, and that, therefore, I am a most earnest suitor to his maj- esty and their lordships that he be not admitted to go that circuit hereafter; and, indeed, I do most earnestly beseech his majesty by you, that tec may be troubled no more with such a peevish, indiscreet piece of flesh. I confess, I dis- dain to see the gownmen in this sort hang their noses over the flowers of the crown, blow and smiffle upon them till they take both scent and beauty off them, or to have them put such a prejudice upon all other sorts of men as if none were able or worthy to be intrusted with honour and admin- istration of justice but thimselves." This is surely a char- acteristic betrayal of Wentworth's interest in the powers of the new commission ! Some difficulties appear to have been encountered in the way of the course he proposed against this judge, for we find him at a subsequent date writing thus to the lord-treasurer : " If Mr. Justice Ver- non be either removed or amended in his circuit, I am very well content, being by me only considered as he is in rela- tion to his majesty's service in those parts the gentleman otherwise unknown to me by injury or benefit." See Straf- ford Papers, vol. i., p. 129, 295. * A note subjoined to this is too characteristic to be omitted : " There is like to be a good fine gotten of him [Lord Faulconberg] for the king, u-hich, considering the manner of his life, were wonderaus ill lost ; and lost it will be, if I be not here: therefore I pray you let me have iny directions wilh all possible speed." EARL OF STRAFFORD. 87 Lord Chichester) to the degree of a viscount and a privy counsellor, and to a very ample revenue in lands and offices ; and had always, by servile flattery and sordid application, wrought himself into trust and nearness with all depu- ties at their first entrance upon their charge, in- forming them of the defects and oversights of their predecessors ; and after the determination of their commands and return into England, in- forming the state here, and those enemies they usually contracted in that time, of whatsoever they had done or suffered to be done amiss, whereby they either suffered disgrace or dam- age as soon as they were recalled from those honours. In this manner he began with his own master, the Lord Chichester, and contin- ued the same arts upon the Lord Grandison and the Lord Falkland, who succeeded ; and, upon that score, procured admission and trust with the Earl of Strafford, upon his first admis- sion to that government."* This is quoted here for the purpose of introducing a letter of Wentworth's, which was written about this time, and which appears to me not only to cor- roborate Clarendon's account, but (in opposi- tion to those who have urged, as Mr. Brodie,t that Wentworth began his official connexion with Mountnorris by " courting" the latter) to give, at the same time, the noble vice-treasurer and informer-general fair warning of the char- acter and intentions of the- lord-deputy he had thereafter to deal with. Mountnorris had pre- viously allied himself with Wentworth by mar- riage with a near relation of his deceased wife, the Lady Arabella. " I was not a little troub- led," runs Wentworth's letter, " when my ser- vant, returning from Dublin, brought back with him the enclosed, together with the cer- tainty of your lordship's yet abode at West- Chester. I have hereupon instantly despatched this footman expressly to find you out, and to solicit you most earnestly to pass yourself over on the other side ; for besides that the moneys which I expect from you (which I confess you might some other ways provide for), the cus- toms there, you know how loose they lie ; our only confidence here being in you." Several other details are pressed with great earnest- ness. " Therefore," he continues, " for the love of God, linger no longer, but leaving your lady with my Lady Cholmondely, in case her present estate will not admit her to pass along with you I will, God willing, not fail to wait on her ladyship over myself, and deliver her safe to you at Dublin ; the rather for that, to tell your lordship plainly, which I beseech you keep very private to yourself, it will be impos- sible for me to despatch the king's business, and my own, and get hence before the end of November at the soonest. My Lord Ranelagh will be here, I believe, within this day or two ; and, in regard of his and my Lord Dungarvan's being here before, I hold it fit to communicate with your lordship the occasion, which is this, that there being a proposition made to me for a marriage with my Lord of Cork's daughter,t * Hit. of Rebellion, vol. i., p. 175. t Hiit. of Brit. Empire, vol. iii., p. 70. t This lady, whom Wentworth, for excellent reasons, declined marrying, afterward married George Goring, son of the Earl of Norwich. This was the lord-deputy's man- agement. Some eight or nine months after, he writes to I, that had no thought such a way, did never- theless move a match between the young lord and my Lord Clifford's daughter, which was by them accepted ; and so he comes now, I be- lieve, to treat farther of this matter with my Lord Clifford. But this I must entreat you to keep private ; with this, that albeit the house of Cumberland is to me, as all the world knows that knows me, in next esteem to my own family, yet be you well assured this alliance shall not decline me from those more sovereign duties I owe my master, or those other faiths I owe my other friends." Some other expres- sions of courtesy are then followed by this re- markable passage. " It is enough said amongst honest men ; and you may easily believe me ; but look you, be secret and true to me, and that no sus- picion possess you ; which else in time may turn to both our disadvantages. For God's sake, my lord, let me again press your departure for Ire- land. And let me have 2000 of my enter- tainment sent me over with all possible speed, for I have entered fondly enough on a purchase here of 14,000, and the want of that would very foully disappoint me." It is clear to me in this that Wentworth had resolved, from the first, to watch Mountnorris narrowly, and, on the earliest intimation of any possible renewal of his old treacheries, to crush him and them for ever. Lady Mountnorris would possibly be startled in hearing from her lord that the sorrowing widower of the Lady Arabella was already speaking of the negotiation of another marriage. The entire truth would have startled her still more. Lord Wentworth had at this very time, though a year had not passed since the death of his last wife, whom he appears to have loved with fervent and continuing affection, " married Elizabeth, the daughter of Sir Godfrey Rhodes,* privately." Such is the statement of Sir George Radcliffe. Since Radcliffe wrote, however, some cu- rious letters relating to this marriage have been discovered in the Thoresby museum. Sir George says that the marriage took place in October. I am now about to quote a letter which bears the date of October in the same year (the 30th), and which goes to prove that, supposing the statement in question correct, Wentworth must have sent the lady off to a distance from himself immediately after the ceremony. Nor is this the only singular cir- the Earl of Carlile : " Young- Mr. Goring is gone to travel, having run himself out of 8000, which he purposeth to redeem by his frugality abroad, unless my Lord of Cork can be induced to put to his helping hand, which I have under- taken to solicit for him the best I can, and shall do it with all the power and care my credit and wit shall anywise sug- gest unto me. In the mean time, his lady is gone to the bath to put herself in state to be got with child, and when all things are prepared, she is like to want the principal guest. Was ever willing creature so disappointed? In truth, it is something ominous, if you mark it, yet all may do well enough, if her father will be persuaded, and then, if she be not as well done to as any of her kin, Mr. Goring loseth a friend of me forever. You may say now, if you will, I put a shrewd task upon a young man, there being no better stuff to work upon ; but it is the more charity in us that wish it, and the most of all in him that shall perform it et bon et gentil cavalier." Such, I may remark, is the (to him unusual) tone of levity which he seldom failed to employ in writing to this Earl of Carlisle, whose wife, the famous countess, had secretly become his mistress. This earl died in 1636. The countess will be spoken of shortly. See, also, Strafford Papers, vol. ii., p. 119. * [Of Great Houghton, in Yorkshire. C.] BRITISH STATESMEN. cumstance suggested by this letter. Even Sir George Radcliffe, probably, did not know all. " Madam," Wentvvorth writes, " I have, in little, much to say to you, and in short terms to profess that which I must appear all my life long, or else one of us must be much to blame. But, in truth, I have that confidence in you, and that assurance in myself, as to rest secure the fault will never be made on either side. Well, then, this little and this much, this short and this long, which I aim at, is no more than to give you this first written testimony that I am your hus- band ; and that husband of yours, that will ever discharge those duties of love and respect towards you which good women may expect, and are justly due from good men to discharge them, with a hal- lowed care and continued perseverance in them ; and this is not only much, but all which belongs me ; and wherein I shall tread out the remainder of life which is left me. More I cannot say, nor perform much more for the present ; the rest must dwell in hope until I have made it up in the bal- ance, but I am and must be no other than your lov- ing husband." A postscript* closes the letter, referring to some paste for the teeth, which proves that the lady was in London. Went- worth himself was at York, and, it is evident from his letters, had not quitted the country during the whole of that month. The lady's answer to this letter would seem to have been humbly affectionate, and to have conveyed to Wentworth a lowly but fervent expression of thankfulness for that her new husband had promised not to cast her off as a deserted mis- tress ! His reply (dated about a fortnight af- ter his first letter) is in excellent spirit, and highly characteristic : " Dear Besse," he be- gins, with the encouragement of tender words, " your first lines were wellcum unto me, and I will keep them, in regard I take them to be full, as of kindness, so of truth. It is no pre- sumption foi> you to write unto me ; the fellowship of marriage ought to carry with it more of love and equality than any other apprehension. Soe I de- sire it may ever be betwixt us, nor shall it break of my parte. Virtue is the highest value we can set upon ourselves in this world, and the chiefe which others are to esteem us by. That preserved, we become capable of the noblest impressions which can be imparted unto us. You succeed in this family two of the rarest ladies of their time. Equal them in those ex- cellent dispositions of your mind, and you be- come every ways equally worthy of anything that they had, or that the rest of the world can give. And be you ever assured to be by me cherished and assisted the best I can, thorow the whole course of my life, wherein I shall be no other to you than I was to them, to wit, your loving husband, Wentworth." Still, how- ever, Wentworth did not acknowledge her pub- * " If you will speak to my cousin Radcliffe for the paste I told you on for your teeth, and desire him to speak to Dr. Moore, in my name, for two pots of it, and that the doctor will see it be good, for this last indeed was not so, you may bring me one down, and keep the other yourself." On the back of this letter the following words are written, in a delicate female hand : " Tom was born the 17th of Septem- ber, being Wednesday, in the morning, betwixt two and three o'clock, and was christened of the 7th of October, 1634." There is another letter of Wentworth's to Lady Wentworth, dated from Sligo, in 1635, in the same muse- um, wherein he sends his blessing to "little Tom." This child died, but Elizabeth Rhodes afterward bore Lord Straf- ford a girl, who was yet an infant at her father's death. licly ; still he kept her, for some time, at a dis- tance, and finally sent her over to Ireland, in the charge of Sir George Radcliffe, some time before he himself quitted England. She arri- ved in Dublin with Radcliffe in January, 1633,* and was not joined by Wentworth till the July of that year, when his lordship at last ventured to acknowledge her.f Laud, upon this, seems to have put some questions to the lord-deputy, whose answer may be supposed, from the fol- lowing passage in the archbishop's rejoinder, to have been made up of explanations and apol- ogies, and a concluding hint of advice. " And now, my lord, I heartily wish you and your lady all mutual content that may be ; and I did never doubt that you undertook that course but upon mature consideration, and you have been pleased to express to me a very good one, in which God bless you and your posterity, though I did not write anything to you as an examiner. For myself, I must needs confess to your lordship my weakness, that having been married to a very troublesome and unquiet wife before, I should be so ill advised as now, being about sixty, to go mar- ry another of a more wayward and troublesome generation, t There will not be any farther occasion to remark upon the early circumstan- ces of this marriage, which in its subsequent results presented nothing of a striking or unu- sual description, but I shall here add, for the guidance of the reader in his judgment of these particulars of Wentworth's conduct, some few considerations, which in justice ought not to be omitted. Lord Wentworth was a man of intrigue, and the mention of this is not to be avoided in such a view of the bearings of his conduct and char- acter as it has been here attempted, for the first time, to convey. It is at all times a deli- cate matter to touch upon this portion of men's histories, partly from the nature of the subject, and partly from a kind of soreness which the community feel upon it, owing to the incon- sistencies between their opinions and practi- ces, and to certain strange perplexities at the heart of those inconsistencies, which it remains for some bolder and more philosophical genera- tion even to discuss. Meantime it is pretty generally understood, that fidelity to the mar- riage bed is not apt to be most prevalent where leisure and luxury most abound ; and, for the same reason, there is a tendency in the richer classes to look upon the licenses they take, and to talk of them with one another, and so, by a thousand means, to increase and perpetuate the tendency, of which the rest of society have lit- tle conception, unless it be, indeed, among the extremely poor ; for similar effects result from being either above or below a dcpendance upon other people's opinions. When it was public- * Radcliffe's Essay. t His friends were instant in their congratulation, and, in a profusion of compliments, sought to intimate to his lord- ship, that in this marriage of one so far beneath him in rank and consideration, he had only furnished another proof of his own real and independent greatness. There is some- thing pleasanter in the Earl of Leicester's note, who simply regrets that he " had not the good fortune to be one of the throng that crowded to tell you how glad they were that you had passed your journey and landed safely in your gov- ernment, or (which I conceive a greater occasion of rejoi- cing with you) that you were happily and healthfully ar- rived in the arms of a fair and beloved wife." Strdfford Papers, vol. i,, p. 157. f Stratford Papers, vol. i., p. 125. EARL OF STRAFFORD. 89 ly brought out, therefore, that Wentworth, as well as gayer men of the court, had had his " levities," as the grave Lord-chancellor Clar- endon calls them, it naturally told against him with the more serious part of the nation ; not, however, without some recoil, in the opinions of candid observers, against the ingenuousness of those who told it, because the latter, as men moving in the same ranks themselves, or on the borders of them, must have known the li- cense secretly prevailing, and probably partook of it far more than was supposed. Lady Car- lile, one of the favourites of Wentworth, sub- sequently became the mistress of Pym himself. Lord Clarendon, backed with the more avowed toleration, or, rather, impudent unfeelingness which took place in the subsequent reign, not only makes use of the term just quoted in speaking of intrigue, but ventures, with a sort of pick-thank chuckle of old good-humour, to confess that, in his youth, he conducted him- self in these matters much as others did, though with a wariness proportionate to his under- standing. " Caute," says he, in the quotation popular at the time, and used by Wentworth himself, " si non caste." We are also to take into consideration, that if the court of Charles the First had more sen- timent and reserve than that of his heartless son, it was far from being so superior to courts in general in this respect, as the solemn shad- ow which attends his image with posterity nat- urally enough leads people to conclude. The better taste of the poetry-and-picture-loving monarch did but refine, and throw a veil over, the grosser habits of the court of his father James. Pleasure was a Silenus in the court of James. In that of Charles the Second, it was a vulgar satyr. Under Charles the First, it was still of the breed, but it was a god Pan, and the muses piped among his nymphs. Far from wondering, therefore, that Went- worth, notwithstanding the gravity of his bear- ing and the solemn violence of his ambition, allowed himself to indulge in the fashionable license of the times, it was to be expected that he would do so, not only from the self-indul- gence natural to his will in all things, but from the love of power itself, and that he might be in no respect behindhand with any grounds which he could furnish himself with for having the highest possible opinion of his faculties for ascendency. As nine tenths of common gal- lantry is pure vanity, so a like proportion of the graver offence of deliberate seduction is owing to pure will and the love of power the love of obtaining a strong and sovereign sense of an existence not very sensitive, at any price to the existence of another. And thus, without supposing him guilty to that extent, might the common gallantries of the recherche and domi- nant Strafford be owing greatly to the pure pride of his will, and to that same love of con- quest and superiority which actuated him in his public life. A greater cause for wonder might be found in the tenderness with which he treated the wives to whom he was unfaithful, and especially the one, this Elizabeth Rhodes, who was com- paratively lowly in birth. But so mixed a thing is human nature, as at present constituted, that the vices as well as virtues of the man might M come into play in this very tenderness, and help to corroborate it ; for, in addition to the noble and kindly thoughts which never ceased to be mixed up with his more violent ones, he would think that the wife of a Wentworth was of necessity a personage to be greatly and ten- derly considered on all occasions ; and even his marriage into an obscure family would be reconciled to his pride by the instinct which leads men of that complexion to think it equally difficult for themselves to be lowered by any- thing they choose to do, and for the object of their attention not to be elevated by the same process of self-reference. Nor to quit this delicate subject, which I could not but touch on, to assist the reader, with what has gone before, to a proper judg- ment of facts that are yet tp be mentioned, and which, in truth, contains matter for the pro- foundest reflection of those who might choose to consider it by itself will it be thought extra- ordinary by such as have at all looked into the nature of their fellow-creatures, that a man like Wentworth should have treated his wives tenderly at the very times at which he was most unfaithful to them ; for, whether influ- enced by love or by awe, they do not appear to have offended him at any time by their com- plaints, or even to have taken notice of his con- duct ; and they were, in truth, excellent wom- en, worthy of his best and most real love ; so as to render it probable that his infidelities were but heats of will and appetite, never, perhaps, occasioning even a diminution of the better af- fections, or, if they did, ending in the addition- al tenderness occasioned by remorse. It is a vulgar spirit only that can despise a woman for making no remonstrances, and a brutal one that can ill treat her for it. A heart with any nobleness left in it keeps its sacredest and dear- est corner for a kindness so angelical ; and Wentworth's pride had enough sentiment to help his virtues to a due appreciation of the generosity, if it existed, or to give it the bene- fit of supposing that it would have done so, in favour of such a man as he, beloved by wives of so sweet a nature. The Lord Wentworth was of a tall and grace- ful person, though much sickness had early bent an originally sensitive frame, which con- tinued to sink more rapidly in after life under the weight of greater cares. Habitual pain had increased the dark hue and deep contrac- tions of a brow, formed and used to " threaten and command," and no less effective in enfor- cing obedience than the loud and impressive voice that required it. He alludes to this spor- tively in a letter to the Earl of Exeter, where- in he writes, " This bent and ill-favoured brow of mine was never prosperous in the favour of ladies ; yet did they know how perfectly I do honour, and how much I value, that excellent and gracious sex, 2 ampersuaded I should become a favourite amongst, them tush, my lord, tush, there are few of them know how gentle a gargon I am."* Happy, * Strafford Papers, vol. i., p. 178, 180. His letters to Lord Exeter and his wife are all very pleasant, and, in their deep sense of personal attentions during illness, touch- ing'. "Be not so venturesome on my occasion," he writes, dissuading Exeter from a winter journey to discharge such offices of friendship, "be not so venturesome on my occa- sion, till this churlish season of the year be past, and the spring well come on. There is old age in years as wull as 90 BRITISH STATESMEN. as it is evident, is the opposite conscious- ness, out of which such pleasant complaining flows ! Whereupon Lord Exeter rejoins with justice, in a passage which may serve to re- deem his lordship amply from the stupidity that is wont to be charged to him, " My lord, I could be angry with you, were you not so far off, for wronging of your bent brow, as you term it in your letter ; for, you had been cursed with a. meek brow and an arch of white hair upon it, never to have governed Ireland nor Yorkshire so well as you do, where your lawful commands have gotten you an exact obedience. Content yourself with that brave, commanding part of your face, which showeth gravity without dulness, severity without cruelty, clemency without easi- ness, and love without extravagancy." An un- gallant consolation under female displeasure follows : " And if it should be any impeach- ment unto your favour with that sex you so much honour, you should be no loser ; for they that have known them so long as I have done, have found them nothing less 'than dia- bolos blancos;" which Lady Exeter judges fit to dispense with in a postscript : " I cannot consent to the opinion of the lord that spake last, neither do I believe that it was his own, but rather vented as a chastisement to my particular. To your lordship all our sex in general are obliged, myself infinitely, who can return you nothing but my perpetual well wish- es, with admiration of your virtues, and my heartiest desire that all your employments and fortunes may be answerable."* Wentworth, indeed, had not needed this assurance, under a remark which May's happy quotation, " Non formosus crat, sed erat facundus Ulysses, Et tanien aequoreas torsit am ore Deas," has long since shown to be uncalled for. The intense passion of a Mirabeau or a Stratford will hardly make shipwreck for the want of a " smooth dispose." Wentworth had much wronged his "bent brow," and he knew that he had wronged it. It was sufficiently notorious about the court, that whenever it relaxed in favour of any of the court dames, its owner was seldom left to hope in vain. The Lady Carlile,t the Lady in bodies ; January and February are the hoar hairs of the year, and the more quietly, the more within doors we keep them, we with the year grow the sooner young again in the spring." "To neither of you," he concludes, ''with this new year I can wish anything of new, but that you may tread still round the ancient and beaten paths of that hap- piness you mutually communicate the one with the other." * Slrafford Papers, vol. i., p. 241. t This extraordinary woman, whom Dryden called the " Helen of her country," and from whom Waller borrowed a compliment for Venus ("the bright Carlile of the court of heaven''), played a conspicuous part in the public affairs of the time. " She was thought to he as deeply concerned in the counsels of the court, and afterward of the Parlia- ment, as any in England." After the death of Strafford she had become the mistress of Pym. Yet her passions were not extreme ! Sir Toby Matthews lets us into her character : " She is of too high a mind and dignity not only to seek, but almost to wish, the friendship of any creature : they whom she is pleased to chuse are such as are of the most eminent condition, both for power and employments ; not with any design towards her own particular, either of ad- vantage or curiosity ; but her nature values fortunate per- sons as virtuous." The writer of Waller's life (the countess was aunt to the poet's Sacharissa), in the Biographia Britan- nica, say* that several letters of hers are printed in the " Straffbrd Papers." This is a mistake ; but we find fre- quent allusions to her throughout the correspondence. If any one wished to know of Wentworth's health, they ap- plied to Lady Carlile. *' I hope you are now recovered of your gout, which my Lady of Carlile told me you had" (ii., Carnarvon, the young Lady Loftus, were not, if written letters and general rumours deserve trust, the only evidences of this. Sad indeed were the consequences of Went- worth's casual appearances in the queen's withdrawing-room ! " Now if I were a good poet," writes the Lord Conway to the lord- deputy himself, " I should, with Chaucer, call upon Melpomene ' To help me to indite Verses that weepen as I write.' " My Lady of Carnarvon, being well in the fa- vour and belief of her father and husband, came with her husband to the court, and it was de- termined she should have been all this year at London, her lodgings in the Cockpit ; but my Lord Wentworth had been at court, and in the queen's withdrawing-room was a constant looker upon my lady, as if that only were his busmess, for which cause, as it is thought, my Lord of Carnarvon went home, and my lord-chamber- lain preached often of honour and truth. One of the sermons I and my Lady Killegrew, or my Lady Stafford, which you please, were at ; it lasted from the beginning to the end of sup- per ; the text was, that .... \Vhen supper was ended, and we were where we durst speak, my Lady Killegrew swore by G d that my lord-chamberlain meaned not anybody but her and my Lord of Dorset. But my Lady Car- narvon is sent down to her husband, and the night before she went was with her father in his cham- ber till past twelve, he chiding and she weeping, and when she will return no man knows ; if it be not till her face do secure their jealousy, she had as good stay for ever. Some think that my Lord Wentworth did this rather to do a despight to her father and husband than for any great love to her."* Sir George Radcliffe, indeed, in his Essay, observes on this head : " He was defamed for incontinence, wherein I have reason to believe that he was exceedingly much wronged. I had occasion of some speech with him about the state of his soul several times, but twice espe- 124). If any one wanted favour at court, they wrote to Wentworth to bespeak the interest of Lady Carlile. We find even Laud, for a particular purpose, condescending to this : " I will write to my Lady of Carlile," Wentworth writes back, " as your grace appoints me. In good sadness I judge her ladyship very considerable ; for she is often in place, and is extreamly well skilled how to speak with ad- vantage and spirit for those friends she professeth unto, which will not be many. There is this farther in her dis- position, she will not seem to be the person she is not, an ingenuity I have always observed and honoured her for." (Papers, vol. ii., p. 120.) And again, out of many I could put before the reader : " I have writ fully to my Lady of Carlile, and am very confident, if it be in her ladyship's power, she will express the esteem she hath your lordship in to a very great height." (Vol. ii., p. 138.) * Strafford Papers, vol. ii., p. 47. Lord Conway's letters to Wentworth are extremely amusing. They record with particular care the unlucky courtships of Vandyke: "It was thought," he writes on one occasion to the lord-deputy, " that the Lord Cottington should have married my Lady Stanhope; I believe there were intentions in him, but the lady is, as they say, in love with Carey Raleigh. You were so often with Sir Anthony Vandike, that you could not but know his gallantries for the love of that lady ; but he is come off with a coglioneria, for he disputed with her about the price of her picture, ajid sent her word that if she would not give the price he demanded, he would sell it to another that would give more. This week every one will be at London ; the queen is very weary of Hampton Court, and will be brought to bed at St. James's ; then my Lady of Carlile will be a constant courtier ; her dot? hath lately written a sonnet in her praise, which Harry Percy burned, or you had now had it." EARL OF STRAFFORD. 91 cially, when I verily believe he did lay open unto me the very bottom of his heart. Once was, when he was in a very great affliction upon the death of his second wife, and then for some days and nights I was very few minutes out of his company ; the other time was at Dublin, on a Good Friday (his birthday), when he was preparing himself to receive the blessed sacra- ment on Easter-day following. At both these times I received such satisfaction as left no scruple with me at all, but much assurance of his chastity. I knew his ways long and inti- mately, and though I cannot clear him of all frailties (for who can justify the most innocent man?), yet I must give him the testimony of conscientiousness in his ways, that he kept himself from gross sins, and endeavoured to approve himself rather unto God than unto man, to be religious inwardly and in truth, rather than outwardly and in show." What has been quoted from Lord Conway's letter, however and, were it necessary to my pur- pose, many letters more, and of stronger mean- ing, are to be produced does not come within Radcliffe's rebuke of the " defamation " em- ployed against Strafford. The only tendency of what Sir George says, therefore, is to con- firm the charge in its warrantable view (with which alone I have dwelt upon it) of illustra- ting duly private conduct and character. Far different was Pym's great object when, instan- cing in the House of Commons, as Clarendon informs us, " some high and imperious actions done by Strafford in England and Ireland, some proud and over-confident expressions in dis- course, and some passionate advices he had given in the most secret councils and debates of the affairs of state, he added some lighter passages of his vanity and amours, that they who were not inflamed with anger and detest- ation against him for the former, might have less esteem and reverence for his prudence and discretion."* These words may recall me to the actual progress of Strafford's life and thoughts. Pru- dence and discretion whatever his great asso- ciate of the third Parliament might afterward think right, or just, or necessary to his fatal purposes, to urge still, so far as they may be associated in a grand project of despotism, em- inently characterized every movement of Lord Wentworth. The king had now become ex- tremely anxious for his departure, which the winding up of certain private affairs alone de- layed, t On the completion of these he arrived * Clarendon, Hist, of Rebellion, vol. i., p. 137. t A note from Radcliffe's Essay will show that the ener- getic method and despatch which made the difficulties of the public business sink before him were no less serviceable in the conduct of his private affairs. " In the managing of his estate and domestical affairs, he used the advice of two friends, Ch. Gr. and G. R., and two servants, Richard Mar- ris his steward, and Peter Man his solicitor. Before every term they met, and Peter Man brought a note of all things to be considered of ; which being taken into consideration one by one, and every one's opinion heard, resolution was had and set down in writing, whereof his lordship kept one copy and Peter Man another : at the next meeting, an ac- count was taken of all that was done in pursuance of the former orders, and a new note made of all that rested to be done, with an addition of such things as did arise since the last meeting, and were requisite to be consulted of. His whole accounts were ordered to be made up twice every year, one half ending the 20th of September, the other the 20th of March ; for by that time the former half year's rents were commonly received, or else the arrears were fit to be in London, for the purpose of setting sail im- mediately. Here, however, he was unexpect- edly delayed by the necessity of waiting the arrival of a man of war ; for so dangerously was the Irish Channel at that time infested with pirates, that the lord-deputy could not venture to pass over without convoy. " The winds fall out so contrary," he writes in an- swer to the secretaries, who, with the king and court, were engaged in a progress, " that the king's ship cannot be gotten as yet forth of Rochester River ; but so soon as we can speed it away, and I have notice from Captain Plum- leigh that he is ready for my transportation, I will not stay an hour, desiring extremely now to be upon the place where I owe his majesty so great an account, as one that am against all non-residents, as well lay as ecclesiastical." Wentworth took care, at the same time, to avail himself of some opportunities offered him by this delay. He completed some pending arrangements ; secured finally the close coun- sel and assistance of Laud ;* established a pri- vate and direct correspondence with the king himself for the sanction of his more delicate measures ; instructed a gossiping person, a hired retainer of his own, the Rev. Mr. Gar- rard, to furnish him, in monthly packets of news, with all the private scandal, and ru- mours, and secret affairs of the court, and of London generally ; and obtained the appoint- ment of his friends Wandesford and Radcliffe to official situations, and to seats in the privy council, reserving them as a sort of select cab- inet of his own, with whom everything might be secretly discussed. t These things settled, sought after ; it being no advantage either to the tenant or landlord to suffer arrears to. run longer. * A few months after his departure, Laud was created Archbishop of Canterbury. Wentworth had foreseen this. " One advantage your lordship will have," writes Lord Falk- land, in a somewhat pettish letter, "that I wanted in the time of my government, an Archbishop of Canterbury to friend ; who is, withal, a person of especial power to assist you in that part which shall concern the Church govern- ment, the third and principal member of the kingdom ; for the translation of the late archbishop into heaven, and of the late Bishop of London unto the see of Canterbury, makes that no riddle, being so plain." The sort of stipula- tions for mutual service which passed between the lord- deputy and Laud may be gathered from two out of twenty requests of the latter which reached Dublin Castle before Wentworth himself had arrived there. They are equally characteristic of the sincerity and atrocity of the bigotry of Laud. " I humbly pray your lordship to remember what you have promised me concerning the church at Dublin, which hath for divers years been used for a stable by your predecessors, and to vindicate it to God's service, as you shall there examine and find the merits of the cause." And again : " There is one Christopher Sands, who, as I am in- formed, dwells now in Londonderry, and teaches an Eng- lish school there, and I do mnch fear he doth many things there to the dishonour of God, and the endangering of many poor souls. For the party is a Jew, and denies both Christ and his Gospel, as I shall be able to prove, if I had him here. I humbly pray your lordship that he may be seized on by authority, and sent over in safe custody, and deliver- ed either to myself or Mr. Mottershed, the register of the high commission, that he may not live there to infect his majesty's subjects." Vol. i., p. 81, 82. t He found great advantage in this ; and a few months after his arrival in Dublin wrote to the lord-treasurer some strenuous advice, suggested by his experience, " that too many be not taken into counsel on that side, and that your resolutions, whatever they be, be kept secret ; for, believe me, there can be nothing more prejudicial to the good suc- cess of those affairs than their being understood aforehand by them here. So prejudicial 1 hold it, indeed, that on my faith there is not a minister on this side that knows any- thing I either write or intend, excepting the Master of the Rolls and Sir George Radcliffe, for whose assistance in this government, and comfort to myself amidst this generation, 92 BRITISH STATESMEN. he now himself became anxious for his depar- ture, which, with some farther delay, and not without some personal loss,* he at last accom- plished. Lord Wentworth arrived in Dublin in July, 1633. His very arrival, it is justly said, formed a new era in the government of Ireland. He ordered the ceremonial of the British court to be observed within the castle ; a guard, an in- stitution theretofore unknown, was establish- ed ; and the proudest of the Irish lords were at once taught to feel the " immense distance" which separated them from the representative of their sovereign.t An extract from the lord-deputy's first de- spatch, written about a week after his arrival, and duplicates of which he forwarded at the same time, with his customary zeal, to Cooke and Cottington, is too characteristic to be omitted. " I find them in this place," he writes, " a company of men the most intent upon their own ends that I ever met with, and so as those speed, they consider other things at a very great distance. I take the crown to have been very ill served, and altogether impossible for me to remedy, unless I be entirely trusted, and lively assisted and countenanced by his maj- esty, which I am bold to write unto your lord- I am not able sufficiently to pour forth my humble acknowl- edgments to his majesty. Sure I were the most solitary man without them that ever served a king in such a place." Vol. i., p. 193, 194, ) The lord-justices were the chief leaders of this body. Wentworth, in one of his despatches, had written thus: " On Thursday seven-night last, in the morning, I visited both the justices at their own houses, which albeit not for- greater, indeed, than the lords-deputies them- selves and they were now, for the first time, to see their authority broken, and their rank and influence set at scorn. Only a select num- ber of them were summoned, a practice usual in England,* but in Ireland quite unheard of. But the mortifications reserved for those that had been honoured by a summons were almost greater than were felt by the absent counsel- lors ! Having assembled at the minute ap- pointed, they were obliged to wait several , hours upon the leisure of the deputy, and, when he arrived at last, were treated with no particle of the consideration which deliberative duties claim. .Wentworth laid before them a provision for the immediate necessities of government, and more especially for the maintenance of the army. The views of the lord-deputy, some- what more reaching than their own, startled them not a little. Sir Adam Loftus, the son of the lord-chancellor, broke a sullen silence by proposing that the voluntary contribution should be continued for another year, and that a Parliament should meantime be prayed for. "After this followed again a long silence," when the lord-deputy called on Sir William Parsons, the master of the wards, to deliver his opinion. It was unfavourable. " I was then put to my last refuge," says Wentworth, "which was plainly to declare that there was no necessity which induced me to take them to counsel in this business, for rather than fail in so necessary a duty to my master, I would un- dertake, upon the peril of my head, to make the king's army able to subsist, and to provide for it- self amongst them without their help. Howbeit, forth of my respect to themselves I had been persuaded to put this fair occasion into their hands, not only to express their ready affections and duties to his majesty, and so to have in their own particular a share in the honour and thanks of so noble a work, but also that the proposition of this next contribution might move from the Protestants, as it did this year from the Papists, and so these no more in show than substance to go before those in their cheerfulness and readiness to serve his maj- esty; ... so as my advice should be unto them, to make an offer under their hands to his majesty of this next year's contribution, with the desire of a Parliament, in such sort as is contained in their offer, which herewith I send you enclosed. They are so horribly afraid that the contribution money should be set as an an- nual charge upon their inheritances, as they would redeem it at any rate, so as upon the name of a Parliament thus proposed, it was some- thing strange to see how instantly they gave con- sent to this proposition, with all the cheerfulness possible, and agreed to have the letter drawn, merty done by other deputies, yet I conceived it was a duty I owed them, being as then but a private person, as also to show an example to others what would always become them to the supreme governor, whom it should please his majesty to set over them." This was a subtle distinction, which their lordships did not afterward find they had much profited by. * " I desire," Wentworth had demanded of Cooke, " that the orders set down for the privy council of England might be sent unto us, with this addition, that no man speak cov- ered save the deputy, and that their speech may not be di- rected one to another, but only to the deputy ; as also, ta- king notice of their negligent meetings upon committees, which, indeed, is passing ill, to command me straitly to cause them to attend those services as in duty they ought." 94 BRITISH STATESMEN. which you have here signed with all their hands."* A "Parliament!" This word, Wentworth knew, would sound harshly in the ear of Charles, who had, by this time, prohibited its very men- tion in England. But he saw, from what had occurred in the council, in what consideration the mere name was held there ; and he saw, moreover, abroad among the nation, a feeling in favour of it, which might, by a bold move- ment, be even wrested to the purpose of tyr- anny, but could never, with any safety to that < cause, be altogether avoided. Nor was this aspect of affairs forced upon Wentworth by necessity alone. He had cer- tainly entered Ireland with one paramount ob- ject, that of making his master " the most ab- solute prince in Christendom," in so far as re- garded that " conquered country." Wealthier he meant her to become, even in the midst of his exactions ; but a slave he had resolved to make her, in so far as the popular control was to be admitted over her government. Yet it has been shown that Wentworth was not a vain man ; that he was ever ready to receive the suggestions of the occasion and the time ; and it is clear that he entered Ireland by no means assured of being able to carry his pur- poses into effect by the simple and straight- forward machinery of an absolute despotism. The king might see in Parliaments nothing but an unnecessary obstruction to the free exer- cise of his royal will, and might have directed Wentworth to " put them off handsomely," or otherwise. But Wentworth had impressions of his own which were not to be so got rid of. These Parliaments which had been only hur- riedly glanced at by the averted eye of Charles, on some occasion when he had been forced to " come at the year's end with his hat in his hand," and to whom the notion they had con- veyed was simply the strengthening his con- viction that " such assemblies were of the na- ture of cats, they ever grew cursed with age" these Parliaments were known thoroughly, and were remembered profoundly by Went- worth. He had been conversant with the measures, and connected with the men. He had been the associate of Pym, and had spoken and voted in the same ranks with Eliot. Such an experience might be abhorred, but could not be made light of; and that mighty power, of which he had been the sometime portion, never deserted the mind of Wentworth. He boldly suffered its image to confront him, that he might the better resist its spirit and divert its tendency. * Strafford Papers, vol. i., p. 98, 99. With characteristic purpose Wentworth subjoins to this despatch a private note to Cooke : " I should humbly advise that in some part of your next letter you would be pleased to give a touch with nour pen concerning Sir Adam Loftus, such as I might show im, for he deserves it ; and it will encourage the well-af- fected, and affright the other, when they shall see their ac- tions are rightly understood by his majesty ; and also some good words for the lord-chancellor, the Lord Cork, the Lord of Ormond, and the Lord Mountnorris ; and chiefly to ex- press in your despatch that his majesty will think of their desire for a Parliament, and betwixt this and Christmas give them a fair and gracious answer, for the very hope of it will give them great contentment, and make them go on very willingly with their payments." Had none of these men afterward thwarted him in his great despotic projects, Wentworth would have sought every means of covering them with rewards, to which he recognised no stint or measure, when called for by his notion of public service. When he arrived in Ireland, therefore, he was quite prepared for the mention of Parlia- ment even for the obligation of granting it. He had not watched human nature superficially, though, unfortunately, he missed of the final knowledge. He would have retained that en- gine whose wondrous effects he had witnessed, and had even assisted in producing. He would have compelled it to be as efficient in the ser- vice of its new master, as of late in withstand- ing his pleasure. And Wentworth could not but feel, probably, that the foundation for so vast a scheme as his, which was to imbody so many far-stretching assumptions, might be not unsafely propped at the first with a little rever- ence of authority.* He would set up a Parlia- ment, for instance, which should make itself "eminent to posterity as the very basis and foundation of the greatest happiness and pros- perity that ever befell this nation" by the ex- traordinary and notable process of being forced to confirm the king's claim to unlimited prerog- ative ! That " way of Parliaments," it is evi- dent from many passages in his despatches, he could not but covet, even while he spoke of leaving " such forms," and betaking himself to " his majesty's undoubted privilege." Power, indeed, was the great law of Wentworth's be- ing ; but from all this it may be fairly sup- posed, that even over the days of his highest and most palmy state lingered the uneasy fear that he might, after all, have mistaken the na- ture of power, and be doomed as a sacrifice at last to its truer, and grander, and more lasting issues. The fatal danger he frequently chal- lenged the " at peril of my head," which so often occurs in his despatches must have unpleasantly betrayed this to his confederates in London. A Parliament, then, he acknowledged to himself, must ultimately be summoned in Ire- land. But he was cautious in communicating this to the English council. "My opinion as touching a Parliament," he writes to Cooke, " I am still gathering for, but shall be very cautious and cunctative in a business of so great weight, naturally distrusting my judg- ment, and more here, where I am in a sort yet a stranger, than in places where I had been bred, versed, and acquainted in the affairs and with the conditions of men : so as I shall hard- ly be ready so soon to deliver myself therein as formerly I writ ; but, God willing, I shall transmit that and my judgment upon many other the chief services of his majesty betwixt this and Christmas. I protest unto you it is never a day I do not beat my brains about them some hours, well foreseeing that the chief success of all my labours will consist * On one occasion, it may be remarked, when the attor- ney-general in England much wished, as he fancied, to strengthen the famous PoyningV act by an abolition of cer- tain incidents attached to it, Wentworth opposed him in an elaborate argument. I quote a remarkable passage from the despatch : " Truly I am of opinion, that in the-se matters of form it is the best not to be wiser than those that went before us, but ' stare super vias antiquas: For better it is to follow the old track in this particular, than questinn the validity of all the statutes enacted since Poyning's act ; for if this which is done in conformity thereunto be not sufficient to warrant the summons of this present Parliament, then were all those Parliaments upon (lie same grounds unlawfully as- sembled, and consequently all their acts void; which is a point far better to sleep in peace, than unnecessarily or far- ther to be awakened." Vol. i., P. 269. EARL OF STRAFFORD. 95 much in providently and discreetly choosing and saddening my first ground ; for if that chance to be mislayed or left loose, the higher I go, the greater and more sudden will be the downcome."* Some short time, however, af- ter the date of this letter, he forwarded an elaborate despatch to the secretary for the con- sideration of the king. In this despatch he insisted very strongly on the wide distinction between English and Irish Parliaments which had been planted by the act of Poynings.t he dwelt on the exigencies of the state, and al- leged various powerful reasons in that regard. He claimed also the permission to issue the writs instantly ; for if they were deferred till the voluntary contribution should again be about to terminate, they would appear, he ar- * Strafford Papers, vol. i., p. 134. More genuine and characteristic stiil was a letter he enclosed by the same messenger to Lord Carlile : " I am yet ingathering with all possible circumspection my observations, where, upon what, and when to advise a reformation, and to set myself into the way of it, under God's good blessing, and the con- duct of his majesty's wisdom. I shall, before it be long, be ripe to return the fruit of my labours to be examined and considered on that side, and then rightly disposed to set them on work and pursue them here with effect, taking along with me those two great household gods, which ought al- ways to be reverenced in the courts, and sway in the actions of princes honour and justice. These councils, I confess, are secret ones, it being one of my chiefest cares to conceal my intentions Jrom them all here, as they, with the same in- dustry, pry into me, and sift every corner for them ; and this I do, to the end I might, if it be possible, win from them ingenuous and clear advice, which I am sure never to have if they once discover how I stand affected ; for then it is the genius of this place to soothe the deputy, be he in the right or wrong, till they have insinuated themselves into the frui- tion af their own ends, aud then at after to accuse him, even of those things wherein themselves had a principal share, as well in the counsel as in the execution. God deliver me from this ill sort of men, and give me grace so far to see into them beforehand, as that neither my master's service or myself suffer by them. My lord, I ever weary you when I begin, and judge how I should have troubled you if the wind had stood oftener for England." The Earl of Strafford had mel- ancholy and disastrous proof of the truth of that account by Wentworth " of the genius of that place." Some of the men who hunted him most fiercely to the scaffold were men that had been willing instruments of his worst power in Ire- land. t The origin of this act has been already adverted to. The popular leaders in England declaimed strongly against Wentworth's interpretation of it. If measures were produ- ced, they maintained, of sufficient weight to satisfy the king and council, the intention of the law was fulfilled ; for, they argued, it was never designed to preclude the members of Parliament, when once assembled, from introducing such other topics as they might deem expedient for the general welfare. Wentworth, on the other hand, strenuously con- tended that the express letter of the law was not to be thus evaded ; that the previous approbation of the king and coun- cil was distinctly required to each proposition ; and that no other measures could ever be made the subject of discussion. Surely, however, looking at the origin of the measure, the popular is the just construction. The act was designed, with a benefical purpose, to lodge the initiative power of Parliament in the English council, as a protection against the tyranny of lords and deputies. But once establish this power, and the restraint was designed to terminate. Great was the opportunity, however, for Wentworth, and he made the most of it. Poynings' act was his shield. " I am of opinion," he writes to Cooke, " there cannot be anything in- vaded, which in reason of state ought to be by his majesty's deputy preserved with a more hallowed care, than Poy- nings' act, and which I shall never willingly suffer to be touched or blemished, more than my right eye." Vol. i.,p. 279. Again, when the English attorney proposed something which the lord-deputy feared might work against the stabil- ity of the Poynings' bill, Wentworth described it, " A mighty power gotten by the wisdom of former times ; and it would be imputed to this age, I fear, as a mighty lachete by those that shall still succeed, should we now be so im- provident as to lose it ; and, for my own part, so zealous am I for the prerogatives of my master, so infinitely in love with this in especial, that my hand shall never be had as an in- strument of so fatal a disservice to the crown as I judge the remittal or weakening this power would be." gued, to issue from necessity, the Parliament would be imboldened to clog their grants with conditions, " and conditions are not to be ad- mitted with any subjects, much less with this people, where your majesty's absolute sover- eignty goes much higher than it is taken (per- haps) to be in England." A detailed plan suc- ceeded his many and most emphatic reasons, which unquestionably " clinched" them. The Parliament that was to be summoned, Went- worth pledged himself should be divided into two sessions, the first of which should be ex- clusively devoted to the subject of supplies, while the second, which might be held six months afterward, should be occupied with the confirmation of the " graces," and other na- tional measures, which his majesty so fearfully apprehended. Now the Parliament, Went- worth reasoned, would, in its first session, in all probability, grant a sufficient supply for the expenditure of three years, and this once se- cured, the " graces" might be flung over, if necessary. Farther, the lord-deputy pledged himself that he would procure the return of a nearly equal number of Protestants and Catho- lics to the House of Commons, in order that both parties, being nearly balanced against each other, might be more easily managed. He proposed, moreover, to obtain qualifications for a sufficient number of military officers, whose situations would render them dependant on pro- pitiating the pleasure of the lord-deputy. Then, he urged, with the parties nearly equal, they might easily be kept in an equal condition of restraint and harmlessness, since the Catholics might be privately warned, that if no other pro- vision was made for the maintenance of the army, it would be necessary to levy on them the legal fines ; while all that was necessary to keep the Protestants in check would be to hint to them that, until a regular revenue was es- tablished, the king could not let go the volun- tary contributions, or irritate the recusants by the enforcement of the penal statutes. " In the higher house," Wentworth concluded, " your majesty will have, I trust, the bishops wholly for you ; the titular lords, rather than come over themselves, will put their proxies into such safe hands as may be thought of on this side ; and in the rest, your majesty hath such interest, what out of duty to the crown, and obnoxiousness in themselves, as I do not apprehend much, indeed any, difficulty amongst them." The whole of this extraordinary document is given in an appendix, and the reader is re- quested to turn to it there. Let him turn afterward to the dying words of its author, and sympathize, if he can, with the declaration they conveyed, that " he was so far from being against Parliaments, that he did always think Parliaments in England to be the happy constitution of the kingdom and na- tion, and the best means, under God, to make the king and his people happy." In what sense these words were intended, under what dark veil their real object was concealed, the reader may now judge. It is uplifted before him. Those five sections by which Charles is " fully persuaded to condescend to the present calling of a Parliament" the notice of the villanous juggle of the " two sessions," with which the 96 BRITISH STATESMEN. wretched people are to be gulled the chuck- ling mention of the advantage to be taken of " the frightful apprehension which at this time makes their hearts beat" the complacent pro- vision made for the alternative of their " start- ing aside" the king who is to be able, and the minister who is to be ready, " to chastise such forgetfulness," and "justly to punish so great a forfeit as this must needs be judged to be in them" all these things have long ago been expiated by Wentworth and his master ; but their damning record remains against those who would proclaim that expiation to have been unjustly demanded. Overwhelmed by his minister's project, Charles at last yielded.* Still, even while, reluctantly, he consented, he could not see al- together clearly the necessity for " these things being done these ways," and all the assurances of the lord-deputy could not prevent Charles bidding him, " as for that hydra, take good heed ; for you know that here I have found it as well cunning as malicious. It is true that your grounds are well laid, and I assure you that I have a great trust in your care and judg- ment ; yet my opinion is, that it will not be the worse for my service, though their obstinacy make you to break them, for I fear that they have some ground to demand more than it is Jit for me to give. This I would not say if I had not confi- dence in your courage and dexterity ; that, in that case, you would set me down there an example what to do here." Wentworth now issued his writs for a Par- liament to be instantly held in Dublin, and great joy prevailed among the people. The privy council were summoned, in conformity with the provisions of the law of Poynings, to de- liberate on the propositions to be transmitted to England as subjects for discussion in the session. "To gain this first entrance into the work," Wentworth observes, " I thought it fit to intrust it in this manner with a committee, not only to expedite the thing itself the more, but also better to discover how their pulses beat, wherein I conceived they would deliver themselves more freely than if I had been pres- ent amongst them myself." Soon, however, while the lord-deputy waited without, he was rejoined by his trusty counsellors Wandesford and Radcliffe, with the news that their associ- ates were restive ; that they were proposing all sorts of popular laws as necessary to con- ciliate the houses ; and that, as to subsidies, they quite objected to transmitting a bill with blanks to be filled up at discretion, and were of opinion that the amount should be specified, and confined within the strictest limits of ne- cessity. " I not knowing what this might grow to," writes Wentworth, " went instantly unto them, where they were in council, and told them plainly I feared they began at the wrong end, thus consulting what might please the people in a Parliament, when it would better become a privy council to consider what might please the king, and induce him to call one." The imperious deputy next addressed them in a very long and able speech, pressed upon them the necessities of the nation, and the only modes of arresting them. " The king there- fore desires," he continued, " this great work * Stafford Papers, vol. i., p. 231. may be set on his right foot, settled by Parlia- ment as the more beaten path he covets to walk in, yet not more legal than if done by his pre- rogative royal, where the ordinary way fails him. If this people, then, can be so unwise as to cast off his gracious proposals and their own safety, it must be done without them ; and for myself, as their true friend, I must let them know that I cannot doubt but they will altogether save me the trouble, hasten in their advice, and af- ford their best means for the fulfilling these his so good intentions. That, as a faithful servant to my master, I shall counsel his majesty to attempt it first by the ordinary means ; disap- pointed there, where he may with so much right expect it, / could not, in a cause so just and necessary, deny to appear for him in the head of that army, and there either persuade them fully his majesty had reason on his side, or else think it a great honour to die in the pursuit of that wherein both justice and piety had so far convinced my judgment as not left me wherewithal to make one argument for denying myself unto com- mands so justly called for and laid upon me." In conclusion, Wentworth gave them a still more characteristic warning : " Again I did beseech them to look well about, and be wise by others' harms. They were not ignorant of the misfortunes these meetings had run in Eng- land of late years ; that therefore they were not to strike their foot upon the same stone of distrust which had so often broken them ; for I could tell them as one that had, it may be, held my eyes as open upon those proceedings as another man, that what other accident this mischief might be ascribed unto, there was nothing else that brought it upon us but the king's standing justly to have the honour of trust from his people, and an ill-grounded, nar- row suspicion of theirs, which would not be- ever entreated, albeit it stood with all the rea- son and wisdom in the world. This was that spirit of the air that walked in darkness be- twixt them, abusing both, whereon if once one beam of light and truth had happily reflected, it had vanished like smoke before it !"* The council could not hold to one of their purposes in the presence of such overawing energy, " whereupon they did, with all cheer- fulness, assent unto the council ; professed they would entirely conform themselves unto it ; acknowledged it was most reasonable this * See Strafford Papers, vol. i., p. 236-241, for the de- spatch, in which these things are all most happily described. Laud, in a subsequent letter, gives Wentworth some ac- count of the way in which the despatch had been received. I extract one amusing passage : " The next day, at Green- wich, your despatch to Secretary Cooke was read to the committee, the king present, order given for us to meet, and for speed of our answer to you. If speed be not made to your mind, I am not in fault, and I hope you will have all things in time. Everybody liked your carriage and dis- course to the council, but thought it too long, and that too much strength was put upon it ; but you may see what it is to be an able speaker. \our old friend says he had rather see you talk something into the exchequer, but he pleases himself extremely to see how able Brutus is in the senate- house ! And wot you what ? When we came to this pas- sage in your despatch, ' Again I did beseech them to look well about, and to be wise by others' harms ; they were not ignorant of the misfortunes these meetings had run in Eng- land of late years,' > See Strafford Papers, vol. i., p. 345, et seq. EARL OF STRAFFORD. 99 gy of his measures forced the members to the silence of fear ; but this was broken by the Catholic party, who, having suffered the most grievous wrong in the deception, at last made a feeble show of resistance. Wentworth in- stantly flung all his influence for the first time among the Protestants, and precipitated the Catholics into a trial of their strength, unadvi- sed with each other, and utterly unprepared. They were at once defeated. The Protestants then claimed their reward, and with an ear- nestness which was only finally subdued by the lord-deputy's threats of worse terrors than those which their wrongs included.* He had nothing left now but to write one of his most pleasing despatches to his royal master, con- taining " at once a clear and full relation of the issue of this second session, which was, through the wayward frowardness of the Popish party, so troublesome upon the first access, but is now recovered and determined by the good as- sistance of the Protestants, with great advan- tage to your majesty, by those excellent and beneficial laws which, with much tugging, are gotten from them ; and all the graces prejudicial to the crown laid also so sound asleep as I am con- fident they are never to be awakened more."t In the next despatch he had the satisfaction of assuring his majesty that the privilege of im- peachment had been wrested both from Lords and Commons ;t in the next, that certain troub- les of the convocation had been most emphat- ically silenced ; and in the next, that his maj- esty was now, in the person of his humble dep- uty, the uncontrolled disposer of the destinies of Ireland ! " So now I can say," wrote Went- worth at the close of a long despatch, which by the same messenger he had forwarded to Laud, and which contains a remarkable summary of the many important services he had rendered * "I roundly and earnestly told them I was very indif- ferent what resolution the House should fall upon, serving too just and gracious a master ever to fear to be answerable for the success of affairs in contingence, so long as I did sin- cerely and faithfully endeavour that which I conceived to be for the best. That there were two ends I had my eye on, and the one I wouldinfallibly attain unto either a submission of the people to his majesty's just demands, or a just occasion of breacli, and either would content the king. The first was undeniably and evidently host for them ; but could my mas- ter in his goodness consider himself apart from his subjects, or these become so ingrate, / spake it confidently upon the peril of my head, a breach should be better for him than any tupply they could give him in Parliament. And therefore I did desire that no man should deceive himself: my master was not to seek in his counsels, nor was he a prince that ei- ther could or would be denied just things." For the vari- ous incidents of this session, see Stratford Papers, vol. i., p. 320, 321, 328, 339, 341, 343, 344, 345, 349, 353. t In the same despatch (which see iu Straflford Papers, vol. i., p. 341), Wentworth urges upon the king the neces- sity of his surrendering matters of patronage and so forth more immediately into his lord-deputy's hands : " The fewer sharers in the service, the fewer there will be to press for rewards, to the lessening of your majesty's profit, and the more entire will the benefit be preserved for your own crown ; which must, in all these affairs, and shall, be my principal, MAT, INDEED, MY SOLE END." i See the case of Sir Vincent Gookin, Papers, vol. i., p. 349 and 393. Wentworth established by this case, that, under Poynings' law, acts of judicature no less than of legis- lation were prohibited, save by consent of the deputy and his council. $ See Strafford Papers, vol. i., p. 342-345. " I am not ignorant," subjoined Wentworth to this despatch, with a sort of involuntary forecast of an after reckoning, which he threw off in a self-deceiving jest, " I am not ignorant that my stirring herein will be strangely reported, and censured on that side ; and how I shall be able to sustain myself against your Prynnes, Pirns, and Bens, with the rest of that generation of odd names and natures, the Lord knows." to the crown, " so now I can say the king is as absolute here as any prince in the whole world can be, and may be still, if it be not spoiled on that side ; for so long as his majesty shall have here a deputy of faith and understanding, and that he be preserved in credit, and independent upon any but the king himself, let it be laid as a ground, it is the deputy's fault if the king be denied any reasonable desire." This was grateful news to Laud. Of all the suggesters of the infamous counsels of Charles, Laud and Wentworth were the most sincere : Laud, from the intense faith with which he looked forward to the possible supremacy of the ecclesiastical power, and to which he was bent upon going " thorough," through every obstacle ; Wentworth, from that strong sense with which birth and education had perverted his genius, of the superior excellence of despot- ic rule. Their friendship, in consequence, not- withstanding Wentworth's immense superiori- ty in point of intellect,* continued tolerably firm and steady most firm, indeed, consider- ing the nature of their public connexion.t The letters which passed between them partook of a more intimate character, in respect of the avowal of ulterior designs, than either of them, probably, chose to avow elsewhere ; and though many of their secrets have been effectually con- cealed from us by their frequent use of ciphers, sufficient remain to shadow forth the extre- mest purposes of both. Laud had to regret his position in England, contrasted with that of the Irish deputy. " My lord," he writes to Wentworth, speaking of the general affairs of Church and State, " to speak freely, you may easily promise more in either kind than I can perform ; for as for the Church, it is so bound up in the forms of the common law, that it is not possible for me, or for any man, to do that good which he would, or is bound to do. For your lordship sees, no man clearer, that they which have gotten so much power in and over the Church will not let go their hold ; they have, indeed, fangs with a witness, what- soever I was once said in a passion to have. And for the State, indeed, my lord, I am for thor- ough ; but I see that both thick and thin stays somebody, where I conceive it should not ; and it is impossible for me to go thorough alone. Be- sides, private ends are such blocks in the pub- lic way, and lie so thick, that you may promise what you will, and I must perform what I can, * It is amusing, at times, to observe the commissions to which Wentworth descended for the gratification of Laud, laughing at them secretly while he gravely discharged them. The archbishop himself, however, had an occasional suspi- cion of this, and is to be seen at times insinuating, from be- neath velvet words, a cat-like claw : " I perceive you mean to build," he writes to the lord-deputy on one occasion, " but as yet your materials are not come in ; but if that work do come to me before Christmas, as you promise it shall, I will rifle every corner in it : and you know, my good lord, after all your bragging, how I served you at York, and your church work there : especially, I pray, provide agoodriding house, if there be ever a decayed body of a church to make it in, and then you shall be wall fitted, for you know one is made your stable already, if you have not reformed it, of which I did look for an account according to my remembrances be- fore this time." Vol. i., p. 156. Wentworth had forgotten one of his friend's first commissions, which the reader will recollect to have been quoted. t A curious and instructive essay might be gleaned from the StrafFord Papers on the subject of the friendships of statesmen, or, rather say, of a king's advisers, for the ma- jority of these men did not deserve the name of state- 100 BRITISH STATESMEN. and no more."* To this Wentworth answers j their mutual purposes, Wentworth also intro- in a letter which is not preserved. Its import, j duced into Ireland the Court of High Commis- however, may be gathered from this remarka- , sion, and wrested it to various notable pur- ble passage in Laud's rejoinder : " I am very poses, political as well as religious. glad to read your lordship so resolute, and more to hear you affirm that the footing of them which go thorough for our master's service is not now upon fee, as it hath been. But you are withal upon so many ifs, that by their help you may preserve any man upon ice r be it nev- er so slippery. As, first, if the common law- yers may be contained within their ancient and sober bounds ; if the word thorough be not left out (as I am certain it is) ; if we grow not faint ; if we ourselves be not in fault ; if it come not to peccatum ex te Israel; if others will do their parts as thoroughly as you promise for yourself, and justly conceive of me. Now, I pray, with so many and such ifs as these, what may not be done, and in a brave and noble way 1 But can you tell when these ifs will meet, or be brought together ?"t Satisfactory is the lord-deputy's returning assurance : " For the ifs your lordship is pleased to impute unto me, you shall hereafter have more positive doctrine. I know no reason, then, but you may as well rule the common lawyers in England, as I, poor beagle, do here ; and yet that I do, and will do, in all that concerns my master's service, upon the peril of my head. I am confident that the king, being pleas- ed to set himself in the business, is able, by his wisdom and ministers, to carry any just and honourable action thorough all imaginary oppo- sition, for real there can be none ; that to start aside for such panic fears, fantastic apparitions, as a Prynne or an Eliot shall set up, were the meanest folly in the whole world ; that the debts of the crown taken off, you may govern as you. please ; and most resolute I am that work may be done, without borrowing any help forth of the king's lodgings, and that is as downright a peccatum ex te Israel as ever was, if all this be not effected with speed and ease."t Resolutely did the lord-deputy, as I have shown, realize these principles, and every new act of despotism which struck terror into Ire- land shot comfort to the heart of Laud. " As for my marginal note," exclaims the archbish- op, " I see you deciphered it well, and I see you make use of it too ; do so still thorow and thorow. Oh that I were where I might go so too ! but I am shackled between delays and uncertainties. You have a great deal of honour here for your proceedings. Go on a God's name /" And on Wentworth went, stopping at no gratuitous quarrel that had the slightest chance of pleasing the archbishop, even to the demolishing the family tomb of the Earl of Cork, since his grace, among his select ecclesiastical researches, had discovered that the spot occupied by my Lord of Cork's family monuments was precisely that spot upon which the communion-table, to answer the purposes of heaven, ought to stand !|| To minister to The distinction between him and his confed- erate during all these proceedings is, neverthe- less, to be discerned as widely as the difference of their respective intellects. Wentworth was a despot, but his despotism included many noble, though misguided purposes. Even with this High Commission Court, unjustifiable as were the means, he unquestionably effected an increase to the respectability and usefulness of the clergy, and reformed the ecclesiastical courts, while, at the same time, he never lost sight of the great present object of his govern- ment, that it should, " in the way to all these, raise, perhaps, a good revenue to the crown."* So, while Laud, in England, was, by a series of horrible persecutions, torturing and muti- lating the Puritans,t the deputy of Ireland could boast with perfect truth that, " since I had the honour to be employed in this place, no hair of any man's head hath been touched for the free exercise of his conscience.''! It is also due to Wentworth to observe, that while, at this time, with a view to the further- ance of his general scheme of government, he conceived the vast and unattainable project of reducing all the people of Ireland to a conform- ity in religion, the measures by which he sought to accomplish that project were, many of them, conceived in the profoundest spirit of a large and wide-reaching policy. Theological strife he knew the useless horrors of; and he soon discovered, by his " experience of both houses," that "the root of all disorders in this kingdom is the universal dependance of the popish fac- tion upon Jesuits and friars."^ He speedily declared his determination to the king himself. " I judge it, without all question, far the great- est service that can be done unto your crowns * Strafford Papers, vol. i., p. 111. f Ibid., p. 155. t Strafford Papers, vol. i. ( p. 173. Following- this pas- sage, in the same letter, is the language which it would be a gross outrage of decency to quote. The archbishop ap- pears to have relished it exceedingly. I) Strafford Papers, vol. i., p. 329. II It would be impossible to notice in detail the various personal contests in which Wentworth engaged, though none of them passed, not even the most trifling, without illustrating, in a remarkable degree, the general features of his character. I may refer the reader respecting this affair of the Earl of Cork to the Strafford Papers, vol. i., p. 156, 200, 216, 222, 257, 298, 379, 459, and to vol. ii., p. 270 and p. 338. Lord Cork hit upon an ingenious plan of thwarting the lord-deputy, though it failed in consequence of the superior influence of the latter. He wrote to the Lord- treasurer Weston, then notoriously jealous of Wentworth, and opposed to him and Laud, " entreating his favour, for that under this monument the bones of a Weston was en- tombed." * Strafford Papers, vol. i., p. 187. t " Mr. Prynne, prisoner in the Tower, who hath got his ears sewed on that they grew again as before to his head, is relapsed into new errors." Letter of his newsmonger, Gerrard, to Wentworth, Strafford Papers, vol. i., p. 266. Again Prynne's ears expiated those " new errors." Laud's own notice in his diary (Nov., 1630) of the punishment of Leighton, a Scotch divine, the father of Bishop Leighton, is more horrible : " Friday, Nov. 16, part of his sentence was executed upon him in this manner, in the new palace at Westminster, in term time. 1. He was severely whipped before he was put in the pillory. 2. Being set in the pil- lory, he had one of his ears cut off. 3. One side of his nose slit. 4. Branded on one cheek with a red-hot iron, with the letters S S. And, on that day sevennight, his sores upon his back, ear, nose, and face being not cured, he was whipped again at the pillory in Cheapside, and there had the remainder of his sentence executed upon him, by cut- ting off the other ear, slitting the other side of the'nose, and branding the other cheek." Leighton was released, after ten years' captivity, by the Long Parliament, having- by that time lost his sight, his hearing, and the use of his limbs. i See his letter to Con, the popish resident, Strafford Papers, vol. ii., p. 112. His correspondences with this per- son are in all respects curious, and, to me, significant of a purpose which his death prevented the open disclosure of. If Strafford Papers, vol. i., p. 431, 432. EARL OF STRAFFORD. 101 on this side, to draw Ireland into a conform- ity of religion with England; which, indeed, would undoubtedly set your majesty in greater strength and safety within your own dominions than anything now left by the great and happy wisdom of yourself and blessed father unac- complished, to make us an happy and secure people within ourselves ; and yet, this being a work rather to be effected by judgment and degrees than by a giddy zeal and haste, when- ever it shall seem good in your wisdom to at- tempt it (for I am confident it is left as a means whereby to glorify your majesty's piety to posterity), there will, in the way towards it, many things fall continually in debate and con- sideration at the board, with which it will be very unfit any of the contrary religion be ac- quainted."* Urged by the English council, he set about the great work. Undisguised was the aston- ishment of the archbishop, however, at the slow and gradual means proposed by the lord- deputy. His grace had fancied that the trouts who had been so completely tickled out of their moneyt might be as easily tickled out. of their religion, or anything else. The Lord Went- worth thought differently. " It will be ever far forth of my heart." he wrote, in answer to ur- gent pressings of the question, accompanied with especial requests for the enforcing of fines for nonconformity, " to conceive that a con- formity in religion is not above all other things principally to be intended ; for, undoubtedly, till we be brought all under one form of divine service, the crown is never safe on this side ; but yet the time and circumstances may very well be discoursed, and sure I do not hold this a fit season to disquiet or sting them in this kind ; and my reasons are divers. This course alone will never bring them to church, being rather an engine to drain money out of their pockets than to raise a right belief and faith in their hearts, and so doth not, indeed, tend to that end it sets forth. The subsidies are now in paying, which were given with a universal alacrity ; and very graceful it will be in the king to indulge them otherwise as much as may be till they be paid. It were too much at once to distemper them by bringing plantations upon them, and disturbing them in the exer- cise of their religion, so long as it be without scandal. And so, indeed, very inconsiderate, as I conceive, to move in this latter, till that former be fully settled, and by that means the Protestant party become by much the stronger, which, in truth, as yet I do not conceive it to be. Lastly, the great work of reformation ought not, in my opinion, to be fallen upon till all incidents be fully provided for, the army rightly furnished, the forts repaired, money in the coffers, and such a preparation in view as might deter any malevolent licentious spirit to stir up ill humour in opposition to his majesty's pious intendments therein ; nor ought the exe- cution of this to proceed by step or degrees, but all rightly dispersed, to be undertaken and gone through withal at once. And certainly, in the mean time, the less you call the conceit * Strafford Papers, vol. i., p. 307. t " Now, fie upon it, if the salmon of that river be bad, yet your loss is the less, since you have so many trouts that may be tickled into anything, or anything out of them." Laud to Wentworth, Strafford Papers, vol. i., p. 329. of it into their memory, the better it will be for us, and themselves the quieter ; so, as if there were no wiser than I, the bishops should be privately required to forbear these ecclesiastical censures till they understood farther of his maj- esty's pleasure therein."* Steadily he proceeded, as if already, in the far but not uncertain distance, he saw the ac- complishment of this extraordinary design. He began at what he conceived to be the root of the evil. The churches had fallen to ruin ; the Church revenues had been cut to pieces by long leases and fraudulent appropriations ; and the offices of the Church had been given into the hands of the ignorant, since to such only the abject poverty of her means offered any of the inducements of service, t " Now," wrote Went- worth to the still precipitate archbishop, " to attempt the reducing of this kingdom to a con- formity in religion with the Church of England, before the decays of the material churches here be repaired, an able clergy be provided, so that there might be both wherewith to receive, in- struct, and keep the people, were as a man going to warfare without munition or arms. It being, therefore, most certain that this to be wished ref- ormation must first work from ourselves, I am bold to transmit over to your grace these few prop- ositions, for the better ordering this poor Church, which hath thus long laid in the silent dark. The best entrance to the cure will be clearly to discover the state of the patient, which I find many ways distempered : an un- learned clergy, which have not so much as the outward form of churchmen to cover them- selves with, nor their persons any ways rever- enced or protected ; the churches unbuilt ; the parsonage and vicarage houses utterly ruined ; the people untaught through the non-residency of the clergy, occasioned by the unlimited shameful numbers of spiritual promotions with cure of souls, which they hold by commendams ; the rites and ceremonies of the Church run over without all decency of habit, order, or gravity, in the course of their service ; the pos- sessions of the Church, to a great proportion, in lay hands ; the bishops farming out their ju- risdictions to mean and unworthy persons :" and so, through all the sources of the evil, in a despatch of elaborate learning and profound suggestion, the lord-deputy proceeds, enforcing upon the archbishop, finally, that he must sur- render his present hopes of any immediate re- sult. " It would be a brainsick zeal and a goodly reformation, truly," he exclaims, in a supplementary despatch of yet greater energy and earnestness, "to force a conformity to a religion, whereas yet there is hardly to be found a church to receive, or an able minister to teach the people. No, no ; let us fit ourselves in these two, and settle his majesty's payments for the army, discharge his debts, and then have with them and spare not ! I believe the hottest will not set his foot faster or farther on * Strafford Papers, vol. ii., p. 49. t The reader will be startled, probably, to hear the value of some of the Irish bishoprics in that day. ' The old Bishop of Kilfanora," writes Wentworth to Laud, " is dead, and his bishopric one of those which, when it falls, goes a begging for a new husband, being not worth above fourscore pounds to the last man ; yet in the handling of an under- standing prelate it might perchance grow to be worth two hundred pounds, but then it will cost money in suit." Strafford Papers, vol. ii., p. 172. 102 BRITISH STATESMEN. than I shall do. In the mean time, I appeal to j any equal-minded man whether they or I be more in the right." Unparalleled were the confidence and self- possessed resource with which Wentworth's great schemes now ran side by side. At one and the same moment he forced the revenue by which his projected buildings in the Church were to be raised, and cleared away the ob- structions which still covered the sites he had selected. The decision of ecclesiastical rights was removed by him from the courts of com- mon law to the Castle-chamber ; the Earl of Cork was forced to restore an annual revenue of 2000 which had been originally wrested from the Church ; and, understanding that the Bishop of Killala had been meddling with un- derhand bargains to defraud his see, he sent for him to the presence chamber, and told him, with open and bitter severity, that he deserved j to have his surplice pulled over his ears, and to be turned out of the Church on a stipend of four nobles a year!* His usual success fol- lowed these measures ; lands and tithes came pouring into his hands ; and he issued a com- mission for the repair of churches, and won for it a ready obedience. t In the midst of his labours, Wentworth turn- ed aside, for a moment, to prefer a personal suit to the king. Consideration in the eyes of those over whom he held so strict and stern a hand was beyond all things valuable to him. It was, indeed, the very material of his scheme of government. He appears, therefore, to have felt at this time that some sudden and great pro- motion from the king to himself would give his government an exaltation in the eyes of that " wild and rude people," of infinite importance to its security. His claims upon the king were immeasurable, as his services had been admit- ted to be. He wrote to him to solicit an earl- dom. " The ambition," he said, " which moves me powerfully to serve your majesty, as my obligations are above those that preceded in this employment, suggests unto me an hope I may be more enabled in these restless desires of mine, if I might, before our meeting again in Parliament, receive so great a mark of your favour as to have this family honoured with an earldom. I have chosen, therefore, with all humbleness, to address these lines immediate- ly to yourself, as one utterly purposed to ac- knowledge all to your princely grace, and with- out deriving the least of the privity of thanks elsewhere." A characteristic desire closed the letter, that " no other person know hereafter your majesty found it in your wisdom not fit to be done."t And such was Charles's shortsight- ed and selfish wisdom ! He refused the re- quest. It was sufficient for his purpose that Wentworth was now indissolubly bound to him, since the personal hatred his measures had al- * See the Strafford Papers, vol. i., p. 151-156, 171, 380, &c. t One or two of the most remarkable of the measures he projected incidental to this purpose of conformity may he mentioned here. The reader must examine Wentworth's various despatches, if he desires to master the knowledge of them all. He took resolute steps to prevent the children of Catholics from being sent to foreign convents for their education. He proposed the erection of a vast number of Protestant schools throughout Ireland, with large endow- ments and able teachers. He enforced the most rigorous penalties upon non-residence. See Papers, vol. i., p. 393 ; vol. ii., p. 7. t Strafford Papers, vol. i., p. 301, 302. ready excited in the English popular party pre- cluded the possibility of his return to them. Nor had Wentworth provoked the hatred of the pop- ular party alone. Under his superior tyranny, the lords of petty despotism had been crushed,* and incapable oppressors had become the lord- deputy's fiercest accusers of oppression. To please the king, moreover, he had taken upon himself the refusal of various offices to his more importunate courtiers, careless of the odi- um he provoked and scorned. To heap upon him any marks of personal favour, under such circumstances, was an act of courage and hon- esty which the weak monarch did not dare at- tempt. Such wretched tools as Buckingham were more to his personal liking, though less in the balance of his treasury ! " I desire you not to think," he wrote, after refusing the lord- deputy's suit, " that I am displeased with the asking, though for the present I grant it not ; for I acknowledge that noble minds are always accompanied with lawful ambitions. And be confident that your services have moved me more than it is possible for any eloquence or importunity to do ; so that your letter was not the first proposer of putting marks of favour on you ; and I am certain that you will willing- ly stay my time, now ye know my mind so free- ly, that I may do all things a mi modo."^ This refusal was sorely felt by Wentworth. Covering their allusion to the king, he threw into his next despatch to Cottington some ex- pressions of uneasy regret. " I spend more here than I have of entertainments from his majesty ; I suffer ext'reamly in my own private at home ; I spend my body and spirits with ex- tream toil ; I sometimes undergo the miscon- structions of those I conceived should not, would not have used me so. ... But I am re- solved to complain of nothing. I have been something unprosperous, slowly heard, and as coldly answered that way. I will either sub- sist by the integrity of my own actions, or I will perish. "J The lord-deputy's relief was in the measures with which his enterprising genius had sur- rounded him. I have alluded to his repression of certain turbulences that had arisen in the convocation : he now, by his personal influence, prevailed with the learned Usher to surrender * His inquiries into questionable titles and church grants had exploded many a little tyrant, though in this way much private wrong was done. The servants of the English court, however, could never exactly understand his policy in respect of opposition to the aristocracy, and especially his habit of sternly refusing any presents or conciliatory favours from them. I quote a characteristic passage from a despatch of the Secretary Windebank : " Though, while we had the happiness and honour to have your assistance here at the council hoard, you made many ill faces with your pen (pardon, I beseech your lordship, the over free cen- sure of your Vandyking), and worse oftentimes with your speeches, especially in the business of the Lord Falconberg, Sir Thomas Gore, Vermuyden, and others, yet I understand you make worse there in Ireland, and there never appeared a worse face under a cork upon a bottle, than your lordship hath caused some to make in disgorging such church liv- ings as their zeal had eaten up. Another remarkable error of your lordship, which makes much noise here, is that you refuse all presents, for which, in one particular, you had your reward ; for it is said that a servant bringing you a present from his master, and your lordship refusing it, the servant likewise would have none of your reward. By this your lordship may perceive hnw circumspect you hnve reason to be of your ways, considering how many malicious eyes are upon you, and what interpretations they make of your ac- tions." Strafford Papers, vol. i., p. 161. t Strafford Papers, vol. i., p. 332. $ Ibid., p. 354. EARL OF STRAFFORD. 103 the ecclesiastical articles he had forwarded to Ireland, and which were anything but accepta- ble to Laud ; he forced upon the clergy a se- ries of hateful metropolitan canons ; and, by a series of measures similar in spirit to those which had subdued the Parliament, he con- founded and subdued the restless parsons.* In an early despatch, he had to boast of only one dissentient voice from a new and most as- tounding " Protestant uniformity!" The Irish common lawyers now received some farther proofs of his care, with intelligi- ble hints of his prospective schemes. He pre- sented them with the majority of the English statutes that had been passed since the time of Poynings, but exacted from them certain condi- tions, at the same time, which soon enabled him to describe to the king, in the following terms, his Irish ministers of justice : " Not de- clined to serve other men's unwarrantable pur- poses by any importunity or application ; nev- er in so much power and estimation in the state and with the subject as now, and yet con- tained in that due subordination to the crown as is fit ; ministering wholly to uphold the sov- ereignty ; carrying a direct aspect upon the prerogatives of his majesty, without squinting aside upon the vulgar and vain opinions of the populace."t The army next engaged his attention. He supplied them with clothes, with arms, with am- munition ; he redeemed them from licentious- ness,:): and strengthened them in numbers and in discipline. He completed several regiments of foot, collected together some most efficient cavalry, and, in a very short time, astonished the court in England by returns of a richly-appoint- ed and well-marshalled force. They heard with still greater astonishment that the lord-deputy himself could find time to visit the whole ar- my, and to inspect every individual in it ! And he farther declared to them, that he held him- self ever ready to mount horse at a moment's warning, and lead a troop of his own, raised and accoutred at his own charge, to repress, by a sudden movement, any popular commotion. Vainly, however, he strove to communicate energy enough to Charles to procure his sec- onding some wider schemes projected by him in reference to the army. The army was the keystone of that vast building which the ima- gination of Wentworth had already raised in the distance. The army was to hang in potent control over everything, to be " the great peace- maker betwixt the British and the natives, be- twixt the Protestant and the Papist, and the * See Stratford Papers, vol. i., p. 342-344. t Strafford Papers, vol. ii., p. 18. t " Whence it is that the soldier is now welcome in every place, where before they were an abomination to the inhabi- tants ; that hy this means the army in true account may be said to be of double the strength it had been appre- hended." Strafford Papers, vol ii., p. 17. t) " For myself, I had a dead stock in horses, furniture, and arms for my troop, that stood me in 6000, and all in readiness upon an hour's warning to march. Nor did 1 this out of vanity, but really in regard I did conceive it became me not to represent so great a majesty meanly in the sight of the people ; that it was of mighty reputation to the ser- chief securer, under God and his majesty, of the future and past plantations." But Went- worth was foiled, by the indolent envy of his English coadjutors, from realizing the great de- sire he held, " that his majesty breed up and have a seminary of soldiers in some part or other of his dominions."* Indolent envy and active opposition notwith- standing, the general reputation of the lord- deputy of Ireland increased daily. " Mr. Sec- retary Cooke," wrote Lord Cottington to him, " is so diligent and careful to give your lord- ship an account of all your despatches and an- swers to them, as there is nothing for me to say, but that, for aught I can discern, every- body else is so too. My lord-marshal is your own, my Lord of Canterbury your chaplain, Secretary Windebank your man, the king your favourite, and I your good lord. In earnest you have a mighty stock of opinion amongst us, which must of necessity make you damnable proud, if you take not heed."t The Lord-treas- urer Weston alone, the old propitiator of the king's regards to the quondam supporter of the petition of rights, but now bitterly jealous of Wentworth's friendship with Laud, scarcely cared to conceal his animosity, t A fatal at- tack of illness, however, at this time removed Weston ; and the only alloy which served to dash the secret satisfaction with which the news of this event was received by Wentworth, was the existence of very decided rumours that the vacant staff would be offered to him- self.^ I have already touched on the many objec- tions which Wentworth entertained to an of- fice of this sort, and he now sought by every means, and with characteristic energy, to pre- vent its being offered to him at all. To hi# friends who wrote to him urging its acceptance, he peremptorily answered ; and, at the same time, by the same messenger, forwarded vari- ous requests to several of them, that they would take on themselves to intimate in every quar- ter, as plainly as possible, their knowledge of his objection to it. In farther promotion of this object, he practised a very singular piece of deception. His retained gossip, Mr. Gar- rard who continued faithfully and regularly, in the absence of a newspaper, to fulfil all the duties of one, and to retail to the deputy all the occurrences and scandal of the court and the city had given him, from time to time, most minute accounts of the illness of Weston * Strafford Papers, vol. ii., p. 198. t Ibid., vol. i., p. 430. t The truth is, I conceive my lord-treasurer some time before his death wished me no good, being grown extreme jealous of my often writing to my Lord of Canterbury, and myself, out of a sturdiness of nature, not so gently passing by his unkind usage as a man of a softer and wiser temper might have done ; for I confess I did stomach it very much to be so meanly suspected (being as innocent and clear of crime towards him as the day), considering that I had, upon my coming from court, given him as strong a testimony of my faith and boldness in his affairs nay, indeed, a strong- er, than any other friend he had durst, or, at least, would do for him. So as finding myself thus disappointed of the confidence I had in his professions at our parting, I grew so impatient as to profess even to himself I would borrow a being from no man living but my master, and there I would vice of the crown, when they saw me in such a posture, aa , fasten myself as surely as I could. So as by his death it is that I was upon an hour's warning able to put myself on ' not altogether improbable that I am delivered of the heavi- horseback, and to deliver, in spight of all opposition, a letter est adversary I ever had." Wentworth to the Earl of New in any part of the kingdom ; and lastly, in regard men should castle, Strafford Papers, vol. i., p. 41 1. See, also, a letter tee I would not exact so much duty from any private captain of Laud's, vol. i., p. 329. at I did myself upon my myself, being their general." Strafford Papers, vol. ii., p. 18. Q See Garrard's letter, in StrafFord Papers, vol. i., p. 388. 389. 104 BRITISH STATESMEN. through its progressive stages, and finally had reported his death.* It was Wentworth's pol- icy, however, to convey to the court, that, so indifferent was he in respect of Weston's of- fice, he had never troubled himself to inquire the probable issue of his illness, and, indeed, had never heard of it. As soon, therefore, as an official intimation of the occurrence was sent to him from Cottington, we find him an- swering thus : " My very good lord, I was nev- er more surprised in my life than upon the read- ing of your last letter, not having had any no- tice of my lord-treasurer's least indisposition be- fore. And how it happens I know not, but I am sure I was never well since almost, and that Monday night last I swooned twice before they could get off my cloathes."t And again, assuring Lord Newcastle : " Yet I protest, 1 ever wished well to his person, and am heart- ily sorry for his death, which was signified unto me by my Lord Cottington before I heard anything of his sickness, and took me, in a man- ner, by surprise."^. These precautions were successful. Left settled in his government of Ireland, he next sought, by every possible resource, to estab- lish a permanent revenue. In this pursuit, he exhausted his industry, his energy, his genius. Under his superintendence, the produce of the customs rose, within four years, from 12,000 a year to 40,000, and continued to advance rapidly. Nor were the means by which it was accomplished other than just and honourable. He improved the method of collection, protect- ed the coasts, swept the Channel and the har- bours of pirates, and, in fine, lifted the com- merce and the shipping of Ireland into a rich prosperity, by freeing it from danger. "My bumble advice," observes Wentworth, " forthe increase of trade was, that his majesty should not suffer any act of hostility to be offered to any merchants or their goods within the Chan- nel, which was to be preserved and privileged, as the greatest of his majesty's ports, in the same nature and property as the Venetian state do their Gulf, and the King of Denmark his Sound ; and therefore I humbly besought his majesty and their lordships that it might ac- cordingly be remembered and provided for in all future treaties with foreign princes." In completion of this scheme, the lord-deputy struggled hard to rescue the trade of Ireland from several absurd restrictions and monopo- lies ; and in this, having partially succeeded, his government left a claim for gratitude which is remaining still. $ In resorting to just measures occasionally, * See Strafford Papers, vol. i., p. 243, 374, 387, Strafford Papers, vol. i., p. 365. Wentworth's previ- ous entreaties for a prorogation will be found at p. 353. round fine in the Castle-chamber in case they should prevaricate, and who, in all seeming, even out of that reason, would be more fearful to tread shamefully and impudently aside from the truth than such as had less, or nothing to lose,"* told them that his present appeal to them was a mere act of courtesy, and, in re- turn for a series of deep and significant threats, received a ready obedience. The same scenes, with the same results, were acted in Mayo and Sligo, and Lord Wentworth went on to Galway. Here he was prepared for opposition. The people, chiefly Roman Catholics, were sup- ported by a formidable body of priests, and had the strenuous countenance and assistance of their hereditary lord, the Earl of St. Alban's and Clanricarde, a nobleman of esteem at the English court. The spirit of Wentworth rose at the prospect, and he prepared the court, in a memorable despatch, for the measures they were to expect from him : " If it be followed with just severity," he wrote, " this opposition will prove of great use to the crown, as any one thing that hath happened since this plan- tation fell in proposition. It shall not only, with a considerable addition of revenue, bring security to this county, which of the whole kingdom most requires it, but make all the succeeding plantations pass with the greatest quietness that can be desired ; whereas, if this froward humour be negligently or loosely han- dled, it will not only blemish the honour and comeliness of that which is effected already, but cut off all hope for the future." He sum- moned a jury on the same principle as in the preceding counties. They were obstinate in their refusal to obey him. The sheriff who had selected them was instantly fined 1000 ; the jurors themselves were cited into the Cas- tle-chamber, and fined 4000 each ; and the Earl of Clanricardet received a heavy repri- mand from the court, and was made to suffer severely. Bitter murmurs were heard in Ire- land, and men spoke out more strongly in Eng- land. But the deputy knew no fear. " This comfort I have to support me against the mal- ice of this race of sturdy beggars, that howbeit they threaten me with a Felton or a Ravillac, yet my master is pleased graciously to accept of my endeavours, and to say publicly at coun- cil-board the crown of England was never so well served on this side as since my coming to the government.":): Exasperated, nevertheless, with these signs of opposition, he now thought to silence them ffectually by one terrible warning. His knowl- dge of the character of the vice-treasurer, the Lord Mountnorris, has been already shown, and I have quoted the deeply significant inti- mation which opened their official connexion, vlountnorris had long disregarded this, and lad, indeed, omitted no opportunity which his )lace afforded him of thwarting in every possi- )le way the schemes of Wentworth. A trifling ircumstance now gave the latter an occasion of punishment. Severely afflicted with the ;out for so frightful were his bodily infirmi- * Strafford Papers, vol. i., p. 442 ; a despatch in which he entire proceedings are characteristically given. t For the representations made by Wentworth against his nobleman, see Strafford Papers, vol. i., p. 451, 479, 492 ; and vol. ii., p. 31, 35, 365, 381. t Strafford Papers, vol. i., p. 412 ; and see p. 371. 108 BRITISH STATESMEN. ties that freedom from one complaint seldom failed to be followed by thraldom to another the lord-deputy sat one day in the presence- chamber, when one of his attendants a Mr. Annesley, a distant relation of the Lord Mount- norris accidentally dropped a stool upon his foot. " Enraged with the pain whereof," says Clarendon, " his lordship with a small cane struck Annesley. This being merrily spoken of at dinner at the lord-chancellor's table, where the Lord Mountnorris was, he said, ' the gentleman had a brother that would not have taken such a blow.' "* These words were spoken in the month of April. Eaves- droppers reported them to Wentworth, who instantly forwarded a messenger to London to bring back a king's commission for the trial of Mountnorris. It was sent at his request. Not till December, however, was any farther step taken, though the interim had been em- ployed in giving security to the lord-deputy's purpose. In December, Mountnorris received a sum- mons to attend a council of war the next morn- ing. Ignorant of the cause of so sudden a movement, he was vainly asking his brother councillors to explain it, when Wentworth en- tered, produced the king's commission, charged Lord Mountnorris with an attempt to stir up mutiny against himself as general of the army, and ordered the charge to be read. It ran to this effect : That it having been mentioned at the lord-chancellor's table that Annesley had let a stool fall on the lord-deputy's foot, Mount- norris had scornfully and contemptuously said, " Perhaps it was done in revenge of that pub- lic affront that my lord-deputy did me formerly ; but I have a brother who would not have taken such a revenge." In vain the accused fell on his knees, and requested time for consultation ; in vain he demanded even a copy of the charge, or permission to retain counsel : everything was denied to him ; the lord-deputy cited two articles of war which rendered him amenable to imprisonment and to death ; demanded from the councillors the immediate and summary judgment of a court-martial on both the arti- cles ; and sternly silenced a proposal which they ventured to submit, of separating the char- ges. Guilty the accused was to be voted, " of both or of none ! " Even Lord Moore, one of the councillors who, with Sir R. Loftus, the broth- er of another councillor, had proved Went- worth's case was ordered to resume his seat, and judge the man whom he had accused ! Under the eye of the lord-deputy the council then deliberated and voted ; and their sentence condemned Mountnorris to imprisonment, de- prived him of all his offices, ignominiously dis- missed him from the army, incapacitated him from ever serving again, and finally left him to be shot, or beheaded, at the pleasure of the general. Before the whole court Lord Went- worth then expressed exultation : " the sen- tence was just and noble, and for his part, he would not lose his share of the honour of it !" He turned afterward to the unfortunate Mount- norris ; told him that now, if he chose, he had * Clarendon, vol. i., p. 174. This statement is borne out by Baillie's letters. Rushworth, on the other hand, gives it as Wentworth's witnesses afterward swore to it. Collections, vol. iii., p. 187 ; and see Nalsoa's Collections, vol. i., p. 59. only to order execution, but that he would pe- tition for his life, and " would sooner lose his hand than Mountnorris should lose his head." His purpose was to be more effectually an- swered, in truth, by a contemptuous pardon, and this, from the first, he appears to have de- signed, trusting to the general ignominy that would be thrown over Mountnorris to crush any after-attempt he might make against his own power. The remarks which have been already made on other personal oppressions apply here with still greater force, and to the system which Wentworth had to uphold should the horror and reproach be carried. It is certain that, at the period of this proceeding, Lord Clarendon has justly described the is- sue to which the positions of the parties had brought them : " That either the deputy of Ire- land must destroy my Lord Mountnorris while he continued in his office, or my Lord Mount- norris must destroy the deputy as soon as his commission was determined."* Wentworth was not the man to leave this issue in the hands of chance, nor, at the same time, to blind himself to the results of such conduct as the necessity had forced upon him. " But if, because I am necessitated to preserve myself from contempt and scorn, and to keep and re- tain with me a capacity to serve his majesty with that honour becoming the dignity of that place I here by his majesty's favour exercise, therefore I must be taken to be such a rigid Cato Censorius as should render me almost in- hospitable to humane kind, yet shall not that persuade me to suffer myself to be trodden upon by men indeed of that savage and inso- lent nature they would have me believed to be, or to deny unto myself and my own subsist- ence so natural a motion as is the defence of a man's self." The wife of Mountnorris was a kinswoman of the Lady Arabella Hollis, whose memory Wentworth cherished with such enthusiasm, and " in the name and by the memory of her" hoping that God would so reward him. for it upon " the sweet children of her kinswoman," Lady Mountnorris, immediately after the sen- tence, in a deeply pathetic letter, besought Wentworth to take " his heavy hand from off her dear lord."t Every writer concurs in sta- ting that this letter was coldly and contemptu- ously disregarded by the lord deputy, but an extract from one of his despatches may at least serve to throw some doubt over such a state- ment. " I send you," he writes to Secretary Cooke, "here enclosed the sentence of the council of war in the case of the Lord Mount- norris I foresee full well how I shall be skirmished upon for it on that side : causeless traducing and calumniating of me is a spirit that hath haunted me through the whole course of my life, and now become so ordinary a food as the sharpness and bitterness of it, in good faith, distempers not my taste one jot. Final- ly, as I formerly signed the sentence together * The reader may be referred, in case he desires to pur- sue this subject farther, to the most ample materials of judg- ment and discrimination as to the character and bearing of the parties. Strafford Papers, vol. i., p. 73, 76, 1 19, 250, 349, 388, 392, 402, et seq., 448, 497, et seq., 502, 504, 508, et seq., 511, et seq., 514, 519; and to vol. ii., p. 5, 14. et seq., and 145. The unfortunate want of an index to the Strafford Papers makes these references necessary, t Clarendon's State Papers, vol. i., p. 449. EARL OF STRAFFORD. 109 with them, so do I most heartily now join in their letters to you, where we all become hum- ble petitioners to his majesty for his life, which was, God knows, so little looked after by me, that howbeit I hold under favour the sentence most just, yet were it left me in choice wheth- er he must lose his head or I my hand, this should redeem that. His lordship was prison- er in this castle some two days, but upon his physician's certificate that the badness of his lodg- ing might prejudice his health, I sent him upon good bond restrained only to his own house, where he is like to remain till I receive his majesty's far- ther pleasure concerning him." It is most un- likely that such an extraordinary favour as this had been granted on the application of a phy- sician merely, while the lord-deputy had an ob- vious reason for keeping out of sight the influ- ence of the lady. Some short time after, Mountnorris, on con- dition of submitting to Wentworth, and ac- knowledging the justice of his sentence, re- ceived his liberty. Prosecutions, however, had been lodged against him meanwhile in the Star Chamber, and he felt himself a lowered and wellnigh beggared man. "At my Lord Mountnorris his departure hence," writes the deputy, "he seemed wondrously humbled, as much as Chaucer's friar,* that would not for him anything should be dead ; so I told him I never wished ill to his estate nor person farther than to remove him thence, where he was as well a trouble as an offence unto me; that being done (howbeit thorough his own fault with more prejudice to him than I intended), I could wish there were no more debate betwixt us ; and I told him that, if he desired it, I would spare my prosecution against him in the Star Chamber there." Immediately before this pas- sage occurs, in the same letter, Wentworth had remarked, " I assure you I have had a churlish winter of this ; nor hath the gout been without other attendants that do prognostic no long life for me here below ! which skills not much. He lives more that virtuously and gener- ously spruds one month, than some other that may chance to dream out some years, and bury himself alive all the while." The life of the * Chaucer and Dr. Donne appear to have been Went- worth's favourite poets. Chaucer indeed, to the court readers of that day, was as Shakspeare in our own. It is clear, too, from the frequent use of peculiar expressions in his despatches, that the lord-deputy was not unacquainted, and that intimately, with the great dramatist, though he never, as with Chaucer and Donne, quotes connected pas- sages. It is worth subjoining, as an instance out of many, one of Wentworth's sneers at Sir Piers Crosby that " trifle Crosby," as he elsewhere calls him. " Since his depar- ture I have neither heard from him nor of him, more than that he vouchsafed with his pretty composed looks to give the Gallway agents countenance and courtship before the eyes of all the good people that looked upon them, gracing and ushering them to and from all their appearings before the lords ; there is no more to be added in his case but these two verses of old Jeffrey Chaucer : ' Nowhere so busy a man as he ther n'as, And yet he seemed busier than he was.' " When the newsmonger Garrard heard of the affair of Mountnorris, he quotes Dr. Donne, as if to communicate some tender sympathy to his lordship in that way : " When first I heard the news, which was on St. Stephen's day, and how all men talked of it, it disorder'd me, it brake my sleep, I waked at four in the morning, it made me herd the next day less in company ; not that I believed what was said, but that I had no oracle, no such friend on the sudden to go to, who could give such satisfaction as I desired. No- blest lord, your letter hath done it ; what Dr. Donne writ once is most true, Sir, more than kisses, letters mingle souls, *br thus friends absent speak," \ow, from many an unre EARL OF STRAFFORD. 113 Between these two royal residences Went- worth now divided a great portion of his time. His mode of living equalled in magnificence the houses themselves. At his own charge he maintained a retinue of 50 attendants, besides his troop of 100 horse, which he had originally raised and equipped at an expense of 6000, and kept up at an enormous yearly cost. Thi: style of living, which he took care to bear out in every other respect, he characteristically vindicated to Cottington as " an expense, not of vanity, but of necessity, judging it not to be- come me, having the great honour to represent his majesty' 1 s sacred person, to set it forth, no, not in any one circumstance, in a penurious mean man- ner, before the eyes of a wild and rude people." Nor did he scruple to conceal the fact that his own private fortune had been assisted, in these vast charges, by certain public profits. "It is very true," he writes to Laud, " I have, under the blessing of Almighty God, and the protec- tion of his majesty, 6000 a year good land, which I brought with me into his service ; and I have a share for a short term in these cus- toms, which, while his majesty's revenue is there increased more than 20,000 by year, proves nevertheless a greater profit to me than ever I dreamed of." When Laud read this passage to Charles, the king observed, impa- tiently, " But he doth not tell you how much ;" and plainly intimated that he grudged the min- ister his share of profit. t Wentworth had few occasions of gratitude to Charles during a life worn out in his service-! In respect of these customs, it is not to be doubted that Charles's suspicions were grossly unjust. He would have had more of abstract justice with him in object- ing to a different source of his lord-deputy's rev- enue, that of the tobacco monopoly, for, on the latter ground, undoubtedly, Wentworth was open to grave charges, though even here the king was the last person from whom with any propriety they could issue. The lord-deputy's private habits have been described. He hawked, he hunted,* and fish- flecting passer-by, a curse upon the memory of " Black Tom." Such is the name by which the Irish peasantry still remember Stratford. When M. Boullaye-le-Gouz vis- ited Ireland, he found this castle in the property and pos- session of Sir George Wentworth, Strafford's brother, and guarded by forty English soldiers. Mr. Croker's MS. * Stratford Papers, vol. i., p. 128. t Laud writes, " I have of late heard some muttering about it in court, but can meet with nothing to fasten on : only it makes me doubt somebody hath been nibbling about it." See Strafford Papers, vol. ii., p. 127. t Wittily he writes to Laud, " We are in expectance every hour to hear what becomes of us and the lord-chan- cellor to say the plain truth, whether we shall have a gov- ernment or no ; and to the intent that I might be the better in utrumque paratus, at this present I am playing the Robin Hood, and here in the country of mountains and woods hunting and chasing all the out-lying deer I can light of. But, to confess truly, I met with a very shrewd rebuke the other day ; for, standing to get a shoot at a buck, 1 was so damnably bitten with midges as my face is all mezled over ever since, itches still as if it were mad. The marks they set \vill not go off again, I will awarrant you, this week. I never felt or saw such in England. Surely they are younger brothers to the inuskitcms the Indies brag on so much. I protest, I could even now well find in my heart to play the shrew soundly, and scratch my face in six or seven places." Strafford Papers, vol. ii., p. 173. This allusion to the lord-chancellor had reference to a judgment recently given against that dignitary by Wentworth himself, in a suit brought against him by Sir John Gifford, on behalf of Sir Francis Ruishe, for an increase of portion to the lady who had married young Loftus : " According to the lord- chancellor's owu clear agreement with Sir Fruncis Kuishe, ed,* whenever his infirmities gave him respite. He passed some of his time also among books, and, in one portion at least of these studies, had his thoughts upon a stormy political future. " I wish," writes his friend Lord Conway to him, "you had had your fit of the gout in Eng- land, lest you should attribute something of the disease to the air of that country. I send you the Duke of Rohan's book, ' Le parfait Capi- taine.' Do not think the gout is an excuse from fighting, for the Count Mansfelt had the gout that day he fought the battle of Fleury."^ In the pleasures of the table he indulged little. " He was exceeding temperate," observes Radcliffe, " in meat, drink, and recreations. He was no whit given to his appetite ; though he loved to see good meat at his table, yet he ate very lit- tle of it himself ; beef or rabbits was his ordi- nary food, or cold powdered meats, or cheese and apples, and in moderate quantity. He was never drunk in his life, as I have often heard him say ; and for so much as I had seen, I had reason to believe him ; yet he was not so scru- pulous but he would drink healths where he liked his company, and be sociable as any of his society, and yet still within the bounds of temperance. In Ireland, where drinking was grown a disease epidemical, he was more strict publicly, never suffering any health to be drunk at his public table but the king's, queen's, and prince's, on solemn days. Drunkenness in his servants was, in his esteem, one of the great- est faults." Throughout his various admirable letters to his young wards, the Saviles, in whose education he took extreme interest al- ways, the hatred of this vice is still more char- acteristically shown. He returns to the warn- ing again and again, coupling with drunkenness the equal vice of gaming: the one a "pursuit not becoming a generous, noble heart, which will not brook such starved considerations as the greed of winning;" the other, one "that father to the lady." These are Wentworth's words. The chancellor refused to submit to the judgment on the ground that the action ought to have been brought in the ordinary courts of law, and that the tribunal before which it was tried was both illegal and partial. Wentworth, upon this, had resorted to his usual severity, and was now waiting its issue with the king. It may be worth stating, that mis- takes have been made with respect to the name of the lady chiefly affected in this case by Mr. MacDiarmid and other writers, in consequence of Sir John Gifford having brought the original action. She was Lady Loftus, not Lady Gif- ford. * For some accounts of his fishing exploits, see Papers, vol. ii.,p. 213, &c. Laud appears to have relished the lord- deputy's presents of "dryed fish" amazingly, and to have !>een anything but fond of his " hung beef out of Yorkshire." His grace had a shrewd eye to appetite : " Since you are for both occupations, flesh and fish, I wonder you do not think of powdering or drying some of your Irish venison, and send that over to brag too." t Slrafford Papers, vol. ii., p. 45. Some of Lord Con- ay's letters referred to matters not quite so decent, and the lord-deputy's replies gave him no advantage on that score. See Papers, vol. ii., p. 144-146. Couway's acquaint- ance with his intrigues has already received notice, and the following passage from one of Wentworth's letters to this confidant is not a little significant: " I desire your judg- ment of the enclosed, which was written to this your ser- vant the other day, and chancing to open and read it in the iresence, I burst out before I got it read, that the standers- >y wondered what merry tale it might be that letter told me. But I must conjure you to send it me back, not to trust it forth of your hands, only if you will, I am content I'ou show it my Lord of Northumberland and my Lady of Oarlile, lest if it were shown to others they might judge ne Vane, or something else, of so princely a favour! For ess, the least of her commands are not to be takeu what, then, may we term these her earliest desires V 114 BRITISH STATESMEN. shall send you, by unequal staggering paces, to your grave, with confusion of face."* No public duty was neglected meanwhile, for from his country parks and castles Went- worth in an hour or two could appear in the Dublin presence-chamber. The king sent him every license he required against the Lord- chancellor Loftus ; and that nobleman, for hav- ing disputed the judicial functions of the depu- ty, "that transcendent power of a chancellor," as Wentworth scornfully called him, was de- prived of the seals, and committed to prison till he consented to submit to the award and to acknowledge his error, t But while the king thus secretly authorized these acts of despotism, the English court, no less than the English nation, were known to be objecting to their author. Impatiently he wrote to Laud, demanding at least the charge, something on which to ground an issue. " The humour which offends me," he exclaims, " is not so much anger as scorn, and desire to wrest out from among them my charge ; for, as they say, if I might come to fight for my life, it would never trouble me indeed, I should then weigh them all very light, and be safe under the goodness, wisdom, and justice of my master. Again, howbeit I am resolved of the truth of all this, yet to accuse myself is very uncomely. I love not to put on my armour before there be cause, in regard I never do so but I find my- self the wearier and sorer for it the next morning." He could get no satisfactory answer to this, for in truth the English court by this time had enough upon its hands. The king meditated a war with Spain for the recovery of the palati- nate, to which he was the rather urged by the queen, since France had already engaged. For- tunately, before taking this step, he was in- duced to advise with the lord-deputy of Ire- land. This was the first time Wentworth had ever been consulted on the general affairs of the kingdom, and he instantly forwarded a pa- per of opposing reasons to the king, so strong- ly and so ably stated that the war project was given up.f The queen's indifferent feeling to him, it may well be supposed, was not removed by such policy. * Strafford Papers, vol. i., p. 169, &c. And see an ad- mirable letter at p. 311 of vol. ii. t This case was brought forward at the impeachment, and was much aggravated by a discovery, which has been before named, in reference to the young Lady Loftus. " In the preferring this charge," says Clarendon, " many things of levity, as certain letters of great affection and familiarity from the earl to that lady, which were found in her cabinet after her death, others of passion, were exposed to the pub- lic view'' (vol. i., p. 175). Ample details of the entire course of the transaction will be found in referring to the Strafford Papers, vol. ii., p. 67, et seq., 82, 160, et seq., 172, et sea., 179, 196, 205, 227, et seq., 259, et seq., 298, 341, 369, 375, 389. t The document will be found in the Strafford Papers, vol. ii., p. 60-64. It is one of the ablest of Wentworth's ar- guments for his scheme of absolute power. He takes oc- casion to say in it, " The opinion delivered by the judges, declaring the lawfulness of the assignment for the ship- ping, is the greatest service that profession hath done the crown in my time." I) It ought to be stated, to Wentworth's honour, that, though he much desired to have stood well with her maj- esty, he declined to purchase her favour by acts inconsist- ent with his own public schemes. See curious evidences of this in Strafford Papers, vol. ii., p. 221, 222, 257, 329, 425, 426, &c. When she had solicited an army appoint- ment for some youug courtier, he wrote an earnest entreaty to her chamberlain, accompanying his reasons for declining The peace, however, which Lord Wentworth so earnestly recommended was now more fa- tally broken. The whole Scottish nation rose against Charles, in consequence of Laud's re- ligious innovations. Wentworth was not at first consulted respecting these commotions, but he had thrown out occasional advice in his despatches which was found singularly ser- viceable.* He strove as far as possible, by urging strong defensive measures, to prevent an open rupture. " If," he wrote to Charles, " the war were with a foreign enemy, I should like well to have the first blow ; but being with your majesty's own natural, howbeit rebellious sub- jects, it seems to me a tender point to draw blood first; for, till it come to that, all hope is not lost of reconciliation ; and I would not have them with the least colour impute it to your majesty to have put all to extremity till their own more than words enforce you to it."f Nor did Wentworth serve Charles at this conjuncture with advice alone, for by his ama- zing personal energy he forced down some opening commotions among the 60,000 Scot- tish settlers in Ulster, and not only disabled them from joining or assisting their country- men, but compelled them to abjure the cove- nant, i Nor this alone. He forwarded from Ireland a detachment of troops to garrison Car- lisle ; he announced that the army of Ireland was in a state of active recruiting and disci- pline ; he offered large contributions from him- self and his friends towards the necessary ex- penses of resistance ; and by every faith of loy- alty, and bond of friendship and of service, he called on every man in Yorkshire to stir him- self in the royal cause. " To be lazy look- ers on," he wrote to the Lord Lome, " to lean to the king behind the curtain, or to whisper forth only our allegiance, will not serve out turn ! much rather ought we to break our shins in emulation who should go soonest and far- thest, in assurance and in courage, to uphold the prerogatives and full dominion of the crown ; ever remembering ourselves that no- bility is such a grudged and envied piece of monarchy, that all tumultuary force offered to kings doth ever, in the second place, fall upon the peers, being such motes in the eyes of a giddy multitude as they never believe them- selves clear-sighted into their liberty indeed till these be at least levelled to a parity as the other altogether removed, to give better pros- pect to their anarchy. " The sluggish and irresolute councils of Eng- land looked ill beside the movements of the deputy. The king asked a service from him, but the instructions came too late. " If his majesty's mind had been known to me in time," he wrote to Vane, the treasurer of the house- hold, " I could have as easily secured it against all the covenanters and devils in Scotland as the appointment : " If I may by you understand her majes- ty's good pleasure, it will be a, mighty quietness unto me ; for if once these places of command in the army become suits at court, looked upon as preferments and portions for younger children, the honour of this government, and, con- sequently, the prosperity of these affairs, are lost." The king himself appears to have made it a personal request of Wentworth, that he should carry himself " with all duty and respect to her majesty." Vol., ii., p. 256. * See vol. ii., p. 191, 192, 235, 280, 324, &c. t Strafford Papers, vol. ii., p. 314. J Ibid., vol. ii., p. 270, 338, 345. I) Ibid., p. 210. EARL OF STRAFFORD. 115 now walk up and down this chamber ; bu where trusts and instructions come too late there the business is sure to be lost." Openly he now expressed his censure of the roya scheme that had prevailed since the death of Buckingham. " I never was in love with that way of keeping all the affairs of that kingdom of Scotland among those of that nation, but carried indeed as a mystery to all the counci of England ; a rule but over mu^h kept by our master, which I have told my Lord of Portland many and often a time, plainly professing unto him that I was much afraid that course woulc at one time or other bring forth ill effects ; what those are, we now see and feel at one and the same instant." Finally, when Vane had written in an extremely desponding tone, he rallied him with a noble energy. " It i very true you have reason to think this storm looks very foul and dark towards us, so do also myself; for if the fire should kindle at Raby, I am sure the smoke would give offence to our eyesight at Woodhouse ! but I trust the even- ing will prove more calm than the morning of this day promises. Dulcius lumen solis esse so- let jam jam cadentis. All here is quiet ; no- thing colours yet to the contrary. And if I may have the countenance and trust of my master, I hope, in the execution of such com- mands as his majesty's wisdom and judgment ordain for me, to contain the Scottish here in their due obedience, or, if they should stir (our 8000 arms and twenty pieces of cannon ar- rived, which I trust now will be very shortly), to give them such a heat in their cloaths as they never had since their coming forth of Scotland ! And yet our standing army here is but 1000 horse and 2000 foot, and not fewer of them, I will warrant you, than 150,000, so you see our work is not very easy. The best of it is, the brawn of a lark is better than the carcass of a kite, and the virtue of one loyal subject more than of 1000 traitors. And is not this pretty well, trow you, to begin with ?"* No extremity was urged that found Went- worth unprepared. Windebanke hinted the dan- ger he incurred. " I humbly thank you," he answered, " for your friendly and kind wishes to my safety, but if it be the will of God to bring upon us for our sins that fiery trial, all the respects of this life laid aside, it shall ap- pear more by my actions than words that I can never think myself too good to die for my gra- cious master, or favour my skin in the zealous and just prosecution of his commands. Statu- tum est semcl." Another whom he fancied not unwilling to thwart him, reckoning upon safety from the consequences in the lord-depu- ty's certain destruction he thus warned : " Perchance even to those that shall tell you before their breath I am but as a feather, I shall be found sadder than lead ! for let me tell you, I am so confidently set upon the justice of my master, and upon my own truth, as un- der them and God I shall pass thorough all the factions of court and heat of my ill-willers with- out so much as sindging the least thread of my coat, nor so alone, but to carry my friends * This letter is dated " Fairwood Park [the name of his seat in Wicklow], th s Ifith of April, 1639. I will change it with you, if you will, lor Fair Lane." Strafford Papers. vol. ii., p. 325-328. along with me." And, in the midst of the storms his measures were raising on all sL'es round him, he found time and ease enough t, amuse himself in tormenting with grave jests a foolish Earl of Antrim, whom the king had sent to "assist" him. The despatches he wrote on the subject of the "Antrim negotia- tions" are positive masterpieces of wit and hu- mour.* At the same time, he did not hesitate to assure the king that, but for the safety of Ireland, he would " be most mightily out of countenance to be found in any other place than at his majesty's side !" Charles acknowledged these vast services with frequent letters. Wentworth was now his great hope, and he found, at last, that at all risks he must have him in England. He had formerly declined his offered attendance he now prayed for it. He wished, he said, to con- sult him respecting the army, " but I have much more," he sorrowfully added, " and indeed too much, to desire your counsel and attendance for some time, which I think not fit to express by letter, more than this the Scots' covenant begins to spread too far. Yet, for all this, I will not have you take notice that I have sent for you, but pretend some other occasion of business." Wentworth instantly prepared himself to obey. A short time only he took to place his government in the hands of Wandesford and to arrange some of his domestic concerns. His children were his great care. " God bless the young whelps," he said, " and for the old dog there is less matter."t Lady Clare, his mother-in-law, had often requested to have the elder girl with her, and Wentworth had as oft- en vainly tried to let her leave his side. His passion was to see them all near him in a group together, as they may yet be seen in the undying colours of Vandyke, from whose can- vass, also, as though it had been painted yes- terday, the sternly expressive countenance of their father still gazes at posterity. The pres- ent was a time, however, when the sad alter- native of a separation from himself promised him alleviation even, and he resolved to send both sisters to their grandmother. The letter he despatched on the occasion to the Lady Clare remains, and it is too touching and beau- tiful to be omitted here. A man so burdened with the world's accusations as Strafford should be denied none of the advantage which such a document can render to his memory. It is un- necessary to direct attention to its singularly haracteristic conclusion : " My Lord of Clare having writ unto me your ladyship desired to have my daughter * See the Strafford Papers, vol. ii., p. 187, 204, 211, 289, et seq., 300, et seq., 321, et seq., 325, 331, 334, 339, 353, 156. It is not too much to say that, in reading these pa- >ers, the memory is called to the Swifts of past days, and he Fonblanques of our own. The poor lord's pretensions are most ludicrously set forth, and in a vein of exquisite 'leasantry, but little consistent with the popular notion of Itrafford's unbending sternness. t See various letters in the course of his correspondence, n which the most tender enthusiasm is expressed for them ind for their dead mother (vol. i., p. 236 ; vol. ii., p. 122, 23, 146, 379, 380). Nor was his affection less warmly ex- messed to the child of his living wife. In several affection- te letters to the latter he never fails to send his blessing o " the baby" or to " little Tom." Shortly before this vis t o England, however, the latter died, and shortly after it, a ir! \vas born. 116 BRITISH STATESMEN. Anne with you for a time in England, to recov- er her health, I have at last been able to yield so 'much from my own comfort, as to send both her and her sister to wait your grave, wise, and tender instructions. They are both, I praise God, in good health, and bring with them hence from me no other advice, but entirely and cheerfully to obey and do all you shall be pleased to command them, so far forth as their years and understanding may administer unto them. "I was unwilling to part them, in regard those that must be a stay one to another, when by course of nature I am gone before them. I would not have them grow strangers whilst I am living. Besides, the younger gladly imi- tates the elder, in disposition so like her bless- ed mother, that it pleases me very much to see her steps followed and observed by the other. "Madam, I must confess, it was not with- out difficulty before I could perswade myself thus to be deprived the looking upon them, who, with their brother, are the pledges of all the comfort, the greatest at least, of my old age, if it shall please God I attain thereunto. But I have been brought up in afflictions of this kind, so as I still fear to have that taken first that is dearest unto me, and have in this been content willingly to overcome my own affections in order to their good, acknowledging your lady- ship capable of doing them more good in their breeding than I am. Otherways, in truth, I should never have parted with them, as I pro- fess it a grief unto me not to be able as well as any to serve the memory of that noble lady in these little harmless infants. " Well, to God's blessing and your ladyship's goodness I commit them ! whe.re-ever they are, any prayers shall attend them, and have of sor- row in my heart till I see them again I must, which I trust will not be long neither. That they shall be acceptable unto you, I know it right well, and I believe them so graciously minded to render themselves so the more, the more you see of their attention to do as you shall be pleased to direct them, which will be of much contentment unto me ; for, whatever your ladyship's opinion may be of me, I desire, and have given it them in charge (so far as their tender years are capable of), to honour and observe your ladyship above all the women in the world, as well knowing that in so doing they shall fulfil that duty whereby of all others they could have delighted their mother the most ; and I do infinitely wish they may want nothing in their breeding my power or cost might procure them, or their condition of life hereafter may require ; for, madam, if I die to- morrow, I will, by God's help, leave them ten thousand pounds apiece, which I trust, by God's blessing, shall bestow them to the comfort of themselves and friends, nor at all considerably prejudice their brother, whose estate shall nev- er be much burdened by a second venter, I as- sure you. " I thought fit to send with them one that teacheth them to write , he is a quiet, soft man, but honest, and not given to any disorder ; him I have appointed to account for the money to be laid forth, wherein he hath no other direc- tion but to pay and lay forth as your ladyship shall appoint, and still as he wants to go to "Woodhouse, where my cousin Rockley will supply him. And I must humbly beseech you to give order to their servants, and otherwise to the taylors at London for their apparel, which I wholly submit to your ladyship's better judgment, and be it what it may be, I shall think it all happily bestowed, so as it be to your contentment and theirs, for cost I reckon not of; and anything I have is theirs so long as I live, which is only worth thanks, for theirs and their brother's^all I have must be whether I will or no, and therefore I desire to let them have to acknowledge me for before. " Nan, they tell me, danceth prettily, which I wish (if with convenience it might be) were not lost, more to give her a comely grace in the carriage of her body, than that I wish they should much delight or practise it when they are women. Arabella is a small practitioner that way also, and they are both very apt to learn that, or anything they are taught. " Nan, I think, speaks French prettily, which yet I might have been better able to judge had her mother lived. The other also speaks, but her maid being of Guernsey, the accent is not good. But your ladyship is in this excellent, as that, as indeed all things else which may be- fit them, they may, and I hope will, learn bet- ter with your ladyship than they can with their poor father, ignorant in what belongs women, and otherways, God knows, distracted, and so awanting unto them in all, saving in loving them, and therein, in truth, I shall never be less than the dearest parent in the world ! " Their brother is just now sitting by my el- bow, in good health, God be praised ; and I am in the best sort accommodating this place for him, which, in the kind, I take to be the noblest one of them in the king's dominions, and where a grass time may be passed with most pleasure of that kind. I will build him a good house, and by God's help, leave, I think, near three thousand pounds a year, and wood on the ground, as much, I dare say, if near London, as would yield fifty thousand pounds, besides a house within twelve miles of Dublin, the best in Ireland, and land to it which, I hope, will be two thousand pounds a year, all which he shall have to the rest, had I twenty brothers of his to sitt beside me. This I write not to your ladyship in vanity, or to have it spoken of, but privately, to let your ladyship see I do not for- get the children of my dearest wife, nor alto- gether bestow my time fruitlessly for them. It is true I am in debt, but there will be, be- sides, sufficient to discharge all I owe, by God's grace, whether I live or die. And next to these children, there are not any other persons I wish more happiness than to the house of their grandfather, and shall be always most ready to serve them, what opinion soever be had of me, for no others' usage can absolve me of what I owe not only to the memory, but to the last legacy that noble creature left with me when God took her to himself. I am afraid to turn over the leaf, lest your ladyship might think I could never come to a conclusion ; and shall, therefore," &c. He had arranged everything for his depar- ture, when one of his paroxysms of illness seiz- ed him. He wrestled with it desperately, and set sail On landing at Chester, he wrote to EARL OF STRAFFORD. 117 Lady Wentworth a sad description of the ef- fects of the journey upon his gout, and the " flux" which afflicted him. He rallied, how- ever, and appeared in London in November, 1639. In a memorable passage, the historian May has described the general conversation and conjecture which had prepared for his ap- proach. Some, he says, remembering his early exertions in the cause of the people, fondly imagined that he had hitherto been subservient to the court only to ingratiate himself thorough- ly with the king, and that he would now em- ploy his ascendency to wean his majesty from arbitrary counsels. Others, who knew his char- acter more profoundly, had different thoughts, and secretly cherished their own most active energies. Wentworth, Laud, and Hamilton instantly formed a secret council a " cabinet council," as they were then enviously named by the oth- er courtiers a "junto," as the people reproach- fully called them. The nature of the measures to be taken against the Scots was variously and earnestly discussed, and Wentworth, con- sidering the extremity of affairs, declared at once for war. Supplies to carry it on formed a more diffi- cult question still, but it sank before Went- worth's energy. He proposed a loan subscri- bed to it at once, by way of example, the enor- mous sum of 20,000 and pledged himself to bring over a large subsidy from Ireland, if the king would call a Parliament there. Encour- aged by this assurance, it was resolved to call a Parliament in England also. Laud, Juxon, Hamilton, Wentworth, Cottington, Vane, and Windebanke were all present in council when this resolution was taken. The king then put the question to them whether, upon the res- tiveness of Parliament, they would assist him " by extraordinary ways." They assented, passed a vote to that effect, writs for Parlia- ments in both countries were issued, and Went- worth prepared himself to quit England. Charles, unsolicited, now invested him with the dignity of earldom. His own very exist- ence seemed dependant on Wentworth's faith, and there was sufficient weakness in the char- acter of the king to render it possible for him to suppose that, even at such a time, the in- ducement of reward might be necessary as a precaution. The lord-deputy was created Earl of Strafford and Baron of Raby, adorned with the Garter, and invested with the title of Lord- lieutenant, or Lieutenant-general of Ireland a title which had not been given since the days of Essex. " God willing," wrote Strafford to his wife immediately after, "you will soon see the lieutenant of Ireland, but never like to have a deputy of Ireland to your husband any more."* On his way to Ireland, the earl was overta- ken at Beaumaris by a severe attack of gout, yet, still able to move, he hurried on board, not- withstanding the contrary winds, lest he should be thrown down utterly. He wrote, at the * Letter in the Thoresby Museum, Biog. Brit., vol. vii., p. 4182. Some days before he had written to her charac- teristic news of his children. "The two wenches," he said, " are in perfect health, and now, at this instant, in this house, lodged with me, and rather desirous to be so than with their grandmother. I am not yet fully resolved what to do with them." They were afterward sent back to Lady Clare till the Lady Stnilford arrived in London. same time, to Secretary Cooke, in the highest spirits, to assure him and his master that they need not fear for his weakness. " For," ex- claims the lord-lieutenant, " I will make strange shift, and put myself to all the pain I shall be able to endure, before I be anywhere awanting to my master or his affairs in this conjuncture, and, therefore, sound or lame, you shall have me with you before the beginning of the Par- liament. I should not fail, though SIR JOHN ELIOT were living ! In the mean space, for love of Christ, call upon and hasten the busi- ness now in hand, especially the raising of the horse and all together, the rather, for that this work now before us, should it miscarry, we all are like to be very miserable ; but, carried through advisedly and gallantly, shall by God's blessing set us in safety and peace for our lives at after, nay, in probability, the generations that are to succeed us. Fi a faute de courage, je rfen aye que trap ! What might I be with my legs, that am so brave without the use of them] Well, halt, blind, or lame, I will be found true to the person of my gracious master, to the service of his crown and my friends." Strange that, at such a moment, Lord Strafford should have recalled the memory of the virtuous and indomitable Eliot ! He was soon doomed to know on whose shoulders the mantle of Buck- ingham's great opponent had fallen. In March, 1640, Strafford again arrived in Ireland. The members of the Parliament that had just been summoned crowded round him with lavish devotion, gave him four subsidies, which was all that he had desired, and declared that that was nothing in respect to their zeal, for that " his majesty should have the fee-sim- ple of their estates for his great occasions." In a formal declaration, moreover, they imbod- ied all this, declared that their present warm loyalty rose from a deep sense of the inestima- ble benefits the lord-lieutenant had conferred upon their country, and that all these benefits had been effected " without the least hurt or grievance to any well-disposed subject."* The authors of this declaration were the first to turn upon Strafford in his distress. Valuing their praise for its worth in the way of exam- ple, the earl forwarded it to England, and re- quested it to be published to the empire. He had now been a fortnight in Ireland. Within that time, with a diligence unparalleled and almost incredible, he had effected these re- sults with the Parliament, and levied a body of 8000 men as a re-enforcement to the royal ar- my.f He again set sail for England. I pause here to illustrate the character of this extraordinary person in one respect, which circumstances are soon to make essential. His infirmities of health have frequently been allu- ded to, but they come now upon the scene more fatally. No one, that has not carefully exam- ined all his despatches, can have any notion of their frightful nature and extent. The soul of the Earl of Strafford was indeed lodged, to use the expression of his favourite Donne, within a "low and fatal room." We have already seen his friend Radcliffe inform- ing us that in 1622 " he had a great fever, and * See Strafford Papers, vol. ii., p. 396, 397. Rushworth, ol. iii., p. 1051. Nalson, vol. i., p. 2SO-2S4. t See Radcliffe's Essay. BRITISH STATESMEN. the next spring a double tertian, and after hi recovery a relapse into a single tertian, and a while after a burning fever." It is melancholy to follow the progress of his infirmities, as they are casually recorded by himself: how the trouble of " an humour, which in strict accept- ation you might term the gout," soon increases to " an extreme fit, which renders him unfit, not only for business, but for all handsome ci- vility," and is aggravated by "so violent a fit of the stone, as I shall not be able to stir these ten days : it hath brought me very low, and was unto me a torment for three days and three nights above all I ever endured since I was a man!" how the eyes that are "these twelve days full of dimness," ere long are " scarce able to guide his pen thorough blindness with long writing ;" and this, too, while " an in- firmity I have formerly had in great measure, saluteth me, to wit, an intermitting pulse, at- tended with faint sweats and heaviness of spirits !" But ever by the side of the body's weakness we find a witness of the spirit's triumph a vin- dication of the mightiness of will ! A length- ened despatch to the secretary is begun in " a fit of the gout, which, keeping me still in bed, partly with pain and partly with weariness, makes me unfit for much business." When he entreats a correspondent to " pardon my scrib- bling, for since the gout took me I am not able to write but with both my legs along upon a stool, believe me, which is not only wearisome in itself, but a posture very untoward for gui- ding my pen aright," it is with the consolation that, " as Sir Walter Raleigh said very well, so the heart lie right, it skills not much for all the rest." And the advice to " forbear his night watches, and now begin to take more care of his health," is met by the assurance that, " had he fivescore senses to lose, he did and ought to judge them all well and happily bestowed in his majesty's service !" On the occasion of this last return to Eng- land, however, even what, has been described would serve little to express what he suffered. Then, when every energy was to be taxed to the uttermost, the question of his fiery spirit's supremacy was indeed put to the issue by a complication of ghastly diseases ! In the let- ter from Dublin, dated Good Friday, 1640, which assures the king that " from this table I shall go on shipboard," he is compelled to add that, " besides my gout, I have a very vio- lent and ill-conditioned flux upon me, such as I never had before. It hath held me already these seven days, and brought me so weak, as in good faith nothing that could concern my- self should make me go a mile forth of my chamber. But this is not a season for bemoaning of myself; for I shall cheerfully venture this cra- zed vessel of mine, and either, by God's help, wait upon your majesty before the Parliament begin, or else deposit this infirm humanity of mine in the dust /" And " from the table" on " shipboard" he went accordingly, and arrived at Chester on the 4th of April, quite broken down by the fa- tigues of a rough voyage. "I confess," he writes, " that I forced the captain to sea against his will, and have since received my correction for it. A marvellous foul and dangerous night, indeed, we have had of it !" In this state he despatches the following letter to the king: "May it please your sacred majesty. With some danger I wrought thorough a storm at sea, yet light on a greater misfortune here in harbour, having now got the gout in both my feet, attended with that ill habit of health I brought from Dublin. I purposed to have been on my way again early this morning, but the physician disadviseth it ; and in truth, such is my pain and weakness, as I verily believe I were not able to endure it. Nevertheless, I have provided myself of a litter, and will try to-morrow how I am able to bear travel, which if possible I can do, then by the grace of God will I not rest till I have the honour to wait upon your majesty. In the mean time, it is most grievous unto me to be thus kept from those duties which I owe your majesty's ser- vice on this great and important occasion. In truth, sir, in my whole life I never desired health more than now, if it shall so please God ; not that I can be so vain as to judge my- self equally considerable with many other of your servants, but that I might give my own heart the contentment to be near your com- mands, in case I might be so happy as to be of some small use to my most gracious master in such a conjuncture of time and affairs as this is. God long preserve your majesty." Next, he dictates a long despatch to the Earl of Northumberland, and attempts, at least, to conclude it with his own hand : "And yet, how- beit I am much resolved and set on all occa- sions for your service, will my weary hand be able to carry on my pen not one line farther, than only in a word to write myself, in all truth and perfection, your lordship's most hum- bly to be commanded, STRAFFORDE." I quote also from this despatch to Northum- berland an extraordinary incident which oc- curred on this occasion, and which illustrates his unremitting vigilance in matters which he could hardly have been expected to superintend even under far more favourable circumstances. Upon my landing at Nesson I observed a Scottish ship there riding upon her anchors, of some six or seven score ton, and of some eight or ten pieces of ordnance, and here in town I learn that the ship belongs to Irwin, that she was fraught by some merchants here with sacks, and that the master, now in town, is this morning to receive some 600 for freight. Hereupon, considering the day for the general imbargo is so instant, as your lordship knows, I have privately advised the merchants to stay payment of the freight until to-morrow, and will a;ive present direction for the apprehension of the master and his mate, now in town. I have also spoken to the customers to send down to Nesson to arrest the said ship upon pretence of ozening the king in his customs, for which the master is to be examined, and, however, the ship to be fraught for the king's service for the transportation of these men. I have likewise iven command to Captain Bartlett presently to repair thither, to be assistant therein to the officers of the customs, and before his leaving the port to see execution of all this, as also to ;ake forth of her all her Scottish mariners, her sails and guns, and to bring them on shore, caving only aboard such English mariners as shall be sufficient to send the ship there, till EARL OF STRAFFORD. 119 farther directions. Thus will she lye fair and open for your arrest, and perchance prove your best prize of that kind, and really being manned with English mariners, which may be pressed for that occasion, be of all other the fittest vessel for the transportation of your men and ammunition to Dunbarton. If I have been over-diligent herein, in doing more than (I con- fess) I have commission for, I humbly crave your lordship's pardon, and hope the rather to obtain it, in regard it is a fault easily mended, for my honest Blue-cap will be hereby so af- frighted, as the delivery back unto him of his freight, goods, and ship will sufficiently fulfil his desires and contentment." A letter written the following day to Winde- banke is most eminently characteristic : " I thank you," he says, " for your good wishes, that I might be free of the gout ; but a deaf spirit I find it, that will neither hear nor be persuaded to reason. My pain, I thank God, is gone, yet I am not able to walk once about the chamber, such a weakness hath it left be- hind. Nevertheless, my obstinacy is as great as formerly, for it shall have much more to do before it make me leave my station in these uncertain times. Of all things I love not to put off my cloaths and go to bed in a storm. The lieutenant," he proceeds, " that made the false muster, cannot be too severely punished. If you purpose to overcome that evil, you must fall upon the first transgressors like lightning /" Beside such zealousness as Strafford's, the devotion of others was like to come tardily off. The letter to Windebanke proceeds : " The proxies of the Irish nobility I have received and transmitted over. I cannot but observe how cautious still your great friend, my Lord of St. Alban's, is, lest he might seem to express his affections towards the king with too much frankness and confidence. Lord! how willing he is, by doing something, as good as nothing, to let you see how well contented he would be to disserve the crown, if it were in his power, as indeed it is not. But if his good lordship and his fellows were left to my handling, I should quickly teach them better duties, and put them out of liking with these perverse fro- ward humours. But the best is, by the good help of his friends, he need not apprehend the short horns of such a curst cow as myself; yet this I will say for him, all your kindness shall not better his affections to the service of the crown, or render him thankful to your- selves longer than his turn is in serving. Re- member, sir, that I told you of it. The Lord Roch is a person in a lesser volume, of the very self-same edition. Poor soul, you see what he would be at, if he knew how. But seriously let me ask you a question, What would these and such like gentlemen do, were they absolute in themselves, when they are thus forward at that very instant of time when their whole estates are justly and fairly in the king's mercy ! In a word, till I see punish- ments and rewards well and roundly applied, I fear very much the frowardness of this gener- ation will not be reduced to moderation and right reason, but that it shall extreamly much" difficult his majesty's ministers, nay, and him- self too, in the pursuit of his just and royal Mr. Brodie has accused Strafford's despatch- es of heaviness, and certainly every word in them has its weight. This extraordinary let- ter concludes thus : " It troubles me very much to understand by these your letters that the deputy lieutenants of Yorkshire should show themselves so foolish and so ingrate as to re- fuse to levy 200 men and send them to Ber- wiek, without a caution of reimbursement of coat and conduct money. As for the precedent they allege, they well term them to be indeed of former times, for sure I am none of them can remember any such thing of their own knowledge, or have learned any such thing by their own practice. What they find in some blind book of their fathers kept by his clerk, I know not, but some such poor business is the best proof I believe they can show for that al- legation. Perchance Queen Elizabeth now and then did some such thing; but then it ought to be taken as matter of bounty, not of duty, the law being so clear and plain in that point, as you know. Upon my coming to town I will inform myself who have been the chief leaders in this business, and thereupon give my gentlemen something to remember it by hereafter. But, above all, I cannot sufficiently wonder that my lords at the board should think of any other satisfaction than sending for them up, and laying them by the heels, especially considering what hath already been resolved on there amongst us. What, I beseech you, should become of the levy of your 30,000 men, in case the other counties of the kingdom should return you the like answer 1 And there- fore this insolence of theirs ought, in my poor opinion, to have been suffocated in the birth, and this boldness met with a courage, which should have taught them their part in these ca- ses to have been obedience, and not dispute. Certain I am, that in Queen Elizabeth's time (those golden times that appear so glorious in their eyes, and render them dazzled towards any other object) they would not have had such an expostulation better cheap than the Fleet. The very plain truth is, and I beseech you that it may humbly, on my part, be repre- sented to his majesty in discharge of my own duty, that the council-board of late years have gone with so tender a foot in those businesses of lieutenancy, that it hath almost lost that pow- er to the crown ; and yet such a power it is, and so necessary, as I do not know how we should be able either to correct a rebellion at home, or to defend ourselves from an invasion from abroad, without it. All which, neverthe- less, I mention with all humility in the world, without the least imputation to any particular person living or dead, and humbly beseech his majesty to cause the reins of this piece of his government to be strongly gathered up again, which have of late hung too long loose upon us his lieutenants and deputy lieutenants with- in the kingdom." Notwithstanding his desperate state, Straf- ford caused himself to be pushed on to London. A desire of the king that he should not hazard the journey, reached him already engaged in it.* He persisted in being transported thither * It is worth quoting, as almost the only expression of care and sympathy Charles had hitherto given fo his min- i*tsr. "Having teen divers letters, Strafford, to my Lord 120 BRITISH STATESMEN. in a litter by easy journeys. In London a great- er and final occasion was yet to be afforded him for the display of an indomitable nature triumphantly baffling disease and decay, and still, with the increasing and imperious urgen- cy of the need, towered ever proudlier the in- exhaustible genius of Strafford. The Parliament had met, and the earl imme- diately took his seat in the House of Lords. Their proceedings, and their abrupt dissolution, belong to history. After that fatal state error, an army, to the command of which Northum- berland had been appointed, was marched against the Scots. Severe illness, however, held Northumberland to his bed, and the king resolved to appoint Strafford in his place. " The Earl of Strafford," observes Clarendon, " was scarce recovered from a great sickness, yet was willing to undertake the charge out of pure indignation to see how few men were forward to serve the king with that vigour of mind they ought to do ; but knowing well the malicious, designs which were contrived against himself, he would rather serve as lieutenant-general un- der the Earl of Northumberland than that he should resign his commission ; and so, with and under' that qualification, he made all pos- sible haste towards the north before he had strength enough for the journey."* The same noble historian, after saying that Strafford could with difficulty, in consequence of illness, sit in his saddle, describes the shock he experienced in receiving intelligence of the disgraceful flight of a portion of the king's troops at Newbourne on the Tyne, and proceeds thus : " In this pos- ture the Earl of Strafford found the army about Durham, bringing with him a body much bro- ken with his late sickness, which was not clear- ly shaken off, and a mind and temper confess- ing the dregs of it, which, being marvellously provoked and inflamed with indignation at the late dishonour, rendered him less gracious, that is, less inclined to make himself so, to the of- ficers upon his first entrance into his charge : it may be, in that mass of disorder not quickly discerning to whom kindness and respect was justly due. But those who by this time, no doubt, were retained for that purpose, took that opportunity to incense the army against him, and so far prevailed in it, that in a short time it was more inflamed against him than against the enemy."t In this melancholy state, with a disgraced and mutinous force, Strafford fell back upon York. From this moment he sank daily. Intrigues of the most disgraceful character, carried on by Holland, Hamilton, and Vane, and assisted ev- ery way by the queen, united with his sickness to break him down. Still he was making despe- rate efforts to strengthen and animate his army, when suddenly he found that a treaty with the Scots had actually commenced, and that his es- of Canterbury, concerning the state of your health at this time, I thought it necessary by this to command you not to hazard to travel before ye may do it with the safety of your health, and in this I must require you not to be your own judge, but be content to follow the advice of those that are about you, whose affections and skill ye shall have occa- sion to trust unto. If I did not know that this care of your health were necessary for us both at this time, I would have deferred my thanks to you for your great service lately done until I might have seen you. So, praying to God fur your speedy recovery, I rest your assured friend." * History, vol. i., p. 114. t Vol. i., p. 115. pecial enemy, Lord Savile, was actively em- ployed to forward it. Ultimately, these nego- tiations were placed in the hands of sixteen peers, every one of whom were his personal opponents. And the crowning enemy was be- hind " an enemy," as Lord Clarendon ob- serves, "more terrible than all the others, and like to be more fatal, the whole Scottish -nation, provoked by the declaration he had procured- of Ireland, and some high carriage and expres- sions of his against them in that kingdom."* They illustrated this eminent hatred by per- emptorily refusing, in the midst of much pro- fession of attachment to the king and the Eng- lish nation, to hold any conferences at York, because it was within the jurisdiction of him whom they called that " chief incendiary," their "mortal foe," the Lord-lieutenant of Ireland. In this there was exaggeration. Notwith- standing the assertions of nearly all the histo- ries that Strafford's continual counsel to Charles was to rely on arms alone, it is quite certain, from the minutes of the Council of Peers at York,t that this is erroneous. When he sent the commission to Ormond to bring over his own army of 20,000 men from Ireland, the ne- gotiations had not been resumed, and, on the resumption of them, that commission was with- drawn. Now, however, thwarted and exas- perated on all sides, he resolved to furnish one more proof (it was destined to be the last) of the possibility of recovering the royal au- thority by a great and vigorous exertion. Du- ring the negotiations no actual cessation of arms had been agreed to by the Scots, and he therefore secretly despatched a party of horse, under a favourite officer, to attack them in their quarters. A large body of the enemy were de- feated by this manoeuvre, all their officers ta- ken prisoners, the army inspirited, and the spir- its of Strafford himself restored. Again he spoke confidently of the future, when sudden- ly the king, prevailed on by others, commanded him to forbear. In the same moment, without any previous warning, he was told that a Par- liament was summoned. Strafford saw at once the extent of his dan- ger. He had thrown his last stake and lost it. He prayed of the king to be allowed to retire to his government in Ireland, or to some other place where he might promote his majesty's service, and not deliver himself into the hands of his enraged enemies. Charles refused. He still reposed en the enormous value of his min- ister's genius, and considered that no sacrifice too great might be incurred for the chance of its service to himself in the coming struggle. At the same time, he pledged himself by a sol- * The hatred was, indeed, mutual. Strafford more than once, in his despatches, shows that he even disliked, and was disposed to turn into ridicule, their mode of speech. Alluding to a Scotchman, for instance, a Mr. Barre, whom he supposed to have been favoured by the court intriguers against him, he writes from Ireland thus : " Then on that side he procures, by some very near his majesty, access to the king, there whispering continually something or anoth- er to my prejudice ; boasts familiarly how freely he speaks with his majesty, what he saith concerning me, and nou'ant pleese your mejcsty ea we.rde mare anent your debuty of Yr- land, with many such like botadoes, stuffed with a mighty deal of untruths and follies amongst." And see Rush- worth, vol. iii., p. 1293. t Printed in the Ilardwicke State Papers. And see a very able and impartial view of Strafford's conduct and character, in the History continued from Mackintosh... EARL OF STRAFFORD. 121 emn promise, that, " while there was a king in England, not a hair of Strafford's head should be touched by the Parliament !" The earl ar- rived in London. " It was about three of the clock in the after- noon," says Clarendon, " when the Earl of StrafTord (being infirm and not well disposed in health, and so not having stirred out of his house that morning), hearing that both houses still sate, thought fit to go thither. It was be- lieved by some (upon what ground was never clear enough) that he made that haste there to accuse the Lord Say, and some others, of hav- ing induced the Scots to invade the kingdom ; but he was scarce entered into the House of Peers, when the message from the House of Commons was called in, and when Mr. Pym at the bar, and in the name of all the Commons of England, impeached Thomas, earl of Straf- ford (with the addition of all his other titles), of high treason !" Upward of twelve years had elapsed since Sir Thomas Wentworth stood face to face with Pym. Upon the eve of his elevation to the peerage they had casually met at Greenwich, when, after a short conversation on public af- fairs, they separated with these memorable words, addressed by Pym to Wentworth : " You are going to leave us, but I will never leave you while your head is upon your shoulders !"* That prophetic summons to a more fatal meet- ing was now at last accomplished ! Strafford had entered the House, we learn from one who observed him, with his usual im- petuous step " with speed," says Baillie, "he comes to the House ; he calls rudely at the door ; James Maxwell, keeper of the black rod, opens ; his lordship, with a proud, glooming countenance, makes towards his place at the board-head ; but at once many bid him void the House ; so he is forced, in confusion, to go to the door till he was called. . . He offered to speak, but was commanded to be gone with- out a word. In the outer room, James Max- well required him, as prisoner, to deliver his sword. When he had got it, he cries, with a loud voice, for his man to carry my lord-lieu- tenant's sword. This done, he makes through a number of people to his coach, all gazing, no man capping to him, before whom that morn- ing the greatest in England would have stood discovered." This was a change indeed ! Yet it was a change for which Strafford would seem to have been found not altogether unprepared. In all the proceedings preliminary to his memorable trial, in all the eventful incidents that followed, he was quiet and collected, and showed, in his general bearing, a magnanimous self-subdue- ment. It is a mean as well as a hasty judg- ment which would attribute this to any un- worthy compromise with his real nature. It is probably a juster and more profound view of it to say, that into a few of the later weeks of his life new knowledge had penetrated from the midst of the breaking of his fortunes. It was well and beautifully said by a then living poet, " The soul's dark cottage, battered and decayed, Lets in new light through chinks that time has made !" * An admirable commentary on this fierce text is suppli- rrl liy my friend Mr. Cattenuole, at the commencement of the volume. Gl- and when suddenly upon the sight of Strafford broke the vision of the long unseen assembly of the people, with the old chiefs and the old ceremonies, only more august and more fatal when he saw himself, in a single hour, dis- abled by a set of men not greater in vigour or in intellect than those over whom the weak- minded Buckingham had for years contemptu- ously triumphed the chamber of that assem- bly forsaken for Westminster Hall its once imperious master become a timid auditor, lis- tening unobserved through his screening cur- tains, and unable to repress by his presence a single threatening glance, or subdue a single fierce voice, among the multitude assembled to pronounce judgment on his minister that mul- titude grown from the " faithful Commons" into the imperial council of the land, and the sworn upholders of its not yet fallen liberties Pym no longer the mouthpiece of a faction that might be trampled on, but recognised as the chosen champion of the people of Eng- land, " the delegated voice of God" when Strafford had persuaded himself that all this vision was indeed a reality before him, we may feel the sudden and subduing conviction which at once enthralled him to itself! the conviction that he had mistaken the true presentment of that principle of power which he worshipped, and that his genius should have had a differ- ent devotion. He had not sunk lower, but the Parliament had towered immeasurably higher ! The first thing he did after his arrest was to write to the Lady Strafford. " Sweet harte, You have heard before this what hath befallen me in this place, but be you confident, that if I fortune to be blamed, yet I will not, by God's help, be ashamed. Your carriage upon this misfortune I should advise to be calm, not seeming to be neglective of my trouble, and yet so as there may appear no dejection in you. Continue on the family as formerly, and make much of your children. Tell Will, Nan, and Arabella I will write to them by the next. In the mean time, I shall pray for them to God that he may bless them, and for their sakes deliver me out of the furious malice of my enemies, which yet I trust, through the good- nesse of God, shall do me no hurt. God have us all in his blessed keeping. Your very lov- ing husbande, STRAFFORDE." A few days after this, having vainly prof- fered bail, he was committed to the Tower. Thereupon he wrote again to Lady Strafford. "Sweet harte, I never pityed you so much as I do now, for in the death of that great person the deputy, you have lost the principal friend you had there, whilst we are here riding out the storm, as well as God and the season shall give us leave. Yet I trust Lord Dillon will supply unto you in part that great loss, till it please God to bring us together again. As to myself, albeit all be done against me that art and malice can devise, with all the rigour pos- sible, yet I am in great inward quietnesse, and a strong beliefe God will deliver me out of all these troubles. The more I look into my case, the more hope I have, and sure, if there be any honour and justice left, my life will not be in danger, and for anything els, time, I trust, will salve any other hurt which can be done me. Therefore hold up your heart, look to the chil- BRITISH STATESMEN. dren and your house, let me have your prayers, and at last, by God's good pleasure, we shall have our deliverance, when we may as little look for it as we did for this blow of misfortune, which, I trust, will make us better to God and man. Your loving husbande, STRAFFORDE." The preliminary arrangements having been settled, and some negotiations proposed by Charles with a view to his rescue having failed, Strafford's impeachment began. Never had such " pompous circumstances" and so "state- ly a manner" been witnessed at any judicial proceeding in England. One only, since that day, has matched it. It was not the trial of an individual, but the solemn arbitration of an issue between the two great antagonist prin- ciples, liberty and despotism. Westminster Hall, which had alternately witnessed the tri- umphs of both, was the fitting scene. Scaf- folds, nearly reaching to the roof, were erected on either side, eleven stages high, divided by rails. In the upper ranks of these were the commissioners of Scotland and the lords of Ireland, who had joined with the commoners of England in their accusations. In the centre sat the peers in their Parliament robes, and the lord-keeper and the judges, in their scarlet robes, were on the woolsacks. At the upper end, beyond the peers, was a chair raised un- der a cloth of state for the king, and another for the prince. The throne was unoccupied, for the king was supposed not to be present, since in his presence, by legal construction, no judicial act could legally be done. Two cabi- nets or galleries, with trellis-work, were on each side of the cloth of state. The king, the queen, and their court occupied one of these,* the foreign nobility then in London the other. The Earls of Arundel and Lindsey acted, the one as High-steward, and the other as High- constable of England. Strafford entered the hall daily, guarded by two hundred trainbands. The king had procured it as a special favour that the axe should not be carried before him. At the foot of the state-cloth was a scaffold for ladies of quality ; at the lower end was a place with partitions, and an apartment to retire to, for the convenience and consultations of the managers of the trial ; opposite to this the wit- nesses entered ; and between was a small desk, at which the accused earl stood or sat, with the Lieutenant of the Tower beside him, and at his back four secretaries. The articles of accusation had gradually, du- ring the long and tedious preliminary proceed- ings, swelled from nine which was their ori- ginal number to twenty-eight. Pym, in an able speech, presented them to the House of Lords. Strafford entreated that seeing these charges filled 200 sheets of paper, and involved the various and ill-remembered incidents of fourteen years of a life of severe action the space of three months should be permitted for the answer. He was allowed three weeks, and on the 24th of February, 1641, his an- swers, in detail, to the charges of the Com- mons were read to the House. The 22d of * The king, however, observes Baillie, " brake down the screens with his own hands, so they sat in the eyes of all, bat little more regarded than if they had been absent, for the lords sat all covered." Baillie was the principal of the college of Glasgow, and present by order of the Scottish party. March was then fixed for the commencement of his trial. On the first reception of the articles, Straf- ford, with characteristic purpose, wrote to his wife. " Sweet harte, It is long since I writt unto you, for I am here in such a trouble as gives me little or no respitt. The charge is now come in, and I am now able, I prayse God, to tell you that I conceive there is nothing capitall ; and for the reste, I know at the worste his majestie will pardon all, without hurting my fortune ; and then we shall be happy, by God's grace. Therefore comfort yourself, for I trust thes cloudes will away, and that wee shall have faire weather afterwardes. Farewell. Your loving husbande, STRAFFORDE." He expressed the same opinion in a letter to Sir Adam Loftus. A short summary of the charges will be suf- ficient for the present purpose ; for it is not necessary, after the ample notice which has been given of Strafford's life and actions, to occupy any considerable space with the pro- ceedings, which only farther illustrated them here.* The grand object which the leaders of the Commons had in view was to establish against Strafford AN ATTEMPT TO SUBVERT THE FUNDA- MENTAL LAWS OF THE COUNTRY. t They had an unquestionable right, with this view, to blend in the impeachment offences of a different de- gree ; nor was it ever pretended by them that more than one or two of the articles amounted to treason. Their course to deduce a legal construction of treason from actions notorious- ly gone " thorough" with in the service and in exaltation of the king was to show that, no matter with what motive, any actions underta- ken which had a tendency to prove destructive to the state, amounted, in legal effect, to a trai- torous design against the sovereign. The sov- ereign, it was argued by these great men, could never have had a contemplated existence be- yond, or independent of, the state. It could never have been the object, they said, to have defended the king by the statute of Edward III., and to have left undefended the great body of the people associated under him. This prin- ciple Strafford had himself recognised in his support of the petition of right, and it is truly observed by Rushworth, that " all the laws con- firmed and renewed in that petition of right were said to be the most envenomed arrows that gave him his mortal wound." The proofs by which it was proposed to sustain the tre- mendous accusation were to be deduced from a series of his actions infringing the laws, from words intimating arbitrary designs, and from certain counsels which directly tended to the entire ruin of the frame of the Constitution. Over the three great divisions of his public functions the articles of impeachment were dis- tributed. As president of the council of York, he was charged with having procured powers subversive of all law, with having committed insufferable acts of oppression -under colour of his instructions, and with having distinctly an- * Rushworth has devoted a large folio volume to the oc- currences of the impeachment alone. t They had passed this vote in the House of Commons, and against it not a voice was raised, even by the earl's most ardent supporters. ' That the Earl of Strafford had endeavoured to subvert the ancient and fundamental laws of the realm, and to introduce arbitrary and tyrannical gov- ernment." EARL OF STRAFFORD. 123 nounced tyrannical intentions, by declaring tha the people should find " the king's little finger heavier than the loins of the law." As gov ernor of Ireland, he was accused of having pub licly asserted " that the Irish was a conquerec nation, and that the king might do with them as he pleased." He was charged with acts o oppression towards the Earl of Cork, Lore Mountnorris, the Lord-chancellor Loftus, the Earl of Kildare, and other persons. He had it was alleged, issued a general warrant for the seizure of all persons who refused to submit to any legal decree against them, and for their de- tention till they either submitted, or gave bail to appear before the council table : he had sent soldiers to free quarters on those who would not obey his arbitrary decrees ; he had prevent- ed the redress of his injustice by procuring in- structions to prohibit all persons of distinction from quitting Ireland without his express li- cense : he had appropriated to himself a large share of the customs, the monopoly of tobac- co, and the sale of licenses for the exportation of certain commodities : he had committed grievous acts of oppression in guarding his mo- nopoly of tobacco : he had, for his own inter- est, caused the rates on merchandise to be raised, and the merchants to be harassed with new and unlawful oaths : he had obstructed the industry of the country by introducing new and unknown processes into the manufacture of flax : he had encouraged his army, the instru- ment of his oppression, by assuring them that his majesty would regard them as a pattern for all his three kingdoms : he had enforced an il- legal oath on the Scottish subjects in Ireland : he had given undue encouragement to Papists, and had actually composed the whole of his new-levied troops of adherents from that reli- gion. As chief minister of England, it was laid to his charge that he had instigated the king to make war on the Scots, and had himself, as governor of Ireland, commenced hostilities : that, on the question of supplies, he had decla- red, " That his majesty should first try the Par- liament here, and if that did not supply him ac- cording to his occasions, he might then use his prerogative to levy what he needed ; and that he should be acquitted both of God and man if he took some other courses to supply himself, though it were against the will of his subjects :" that, after the dissolution of that Parliament, he had said to his majesty, "That, having tried the affections of his people, he was loose and absolved from all rules of government, and was to do everything that power would admit ; that his majesty had tried all ways, and was refused, and should be acquitted both to God and man ; that he had an army in Ireland which he might employ to reduce England to obedience." He was farther charged with having counselled the royal declaration which reflected so bitterly on the last Parliament ; with the seizure of the bullion in the Tower ; the proposal of coining base money ; a new levy of ship-money ; and the loan of 100,000 from the city of London. He was accused of having told the refractory citizens that no good would be done till they were laid up by the heels, and some of their aldermen hanged for an example. It was laid to his charge that he had levied arbitrary ex- actions on the people of Yorkshire to maintain his troops ; and, finally, that his counsels had given rise to the rout at Newburn."* In his answers and opposing evidence, Straf- ford maintained that " the enlarged instruc- tions for the council of York had not been pro- cured by his solicitations ; that the specified instances of oppression in the northern coun- ties were committed after his departure for Ireland ; and that the words imputed to him were directly the reverse of those which he had spoken. With regard to Ireland, he vin- dicated his opinion that it was a conquered country, and that the king's prerogative was much greater there than in England. He con- tended that all the judgments, charged on him as arbitrary, were delivered by competent courts, in none of which he had above a single voice : that the prevention of persons from quit- ting the kingdom without license, as well as placing soldiers at free quarters on the disobe- dient, were transactions consistent with ancient usages : that the flax manufacture owed all its prosperity to his exertions, and that his prohi- bition tended to remedy some barbarous and unjust methods of sorting the yarn : that his bargains for the customs and tobacco were profitable to the crown and the country : and that the oath which he had enforced on the Scots was required by the critical circumstan- ces of the times, and fully approved by the gov- ernment. In regard to his transactions in Eng- land, he answered that hostility against Scot- land having been resolved on, he had merely counselled an offensive in preference to a de- fensive war : that his expressions relative to supplies were in strict conformity to the estab- lished maxim of the Constitution :f that, in such emergencies as a foreign invasion, the sovereign was entitled to levy contributions, or adopt any other measure for the public de- fence : that the words relative to the employ- ment of the Irish army were falsely stated, and that he had not ventured to apply to the king- dom of England words uttered in a committee xpressly assembled to consider of the reduc- tion of Scotland. He said that his harsh ex- pressions towards the citizens of London were :ieard by only one interested individual, and not heard by others who stood as near him : that he contributions in Yorkshire were voluntary: and that the proposals for seizing the bullion and coining base money did not proceed from him.J The charges which remained untouched by these answers were abandoned by the Com- nons, as irrelative or incapable of proof, and on the 23d of March, 1641, the chief manager, Mr. Pym, rose in Westminster Hall, and open- d the case against him. The " getting up" of that mighty scene has >een described, arid a few words may serve to mt it, as it were, in action. Three kingdoms, by their representatives, were present, and for fifteen days, the period of the duration of the trial, "it was daily," says Baillie, " the most glorious assembly the sle could afford." The earl himself appeared )efore it each day in deep mourning, wearing * Stratfbrti's Trial, p. 61-75. Nalson, vol. ii., p. 11-20. t Salus populi suprema lex. t Stafford's Trial, p. 61-75. Nalson, vol. ii.. p. 11-20 have partly availed myself, in the above, of Mr. MacDi- armid's abstract, p. 251-259. Some of the charges specified were added in the course of the trial. 124 BRITISH STATESMEN. his George. The stern and simple character of his features accorded with the occasion his " countenance manly black," as Whitelock terms it, and his thick dark hair cut short from his ample forehead. A poet who was present exclaimed, " On thy brow Sate terror mixed with wisdom, and at once Saturn and Hermes hi thy countenance." To this was added the deep interest which can never be withheld from sickness bravely borne. His face was dashed with paleness, and his body stooped with its own infirmities even more than with his master's cares. This was, indeed, so evident, that he was obliged to allude to it himself, and it was not seldom al- luded to by others. " They had here," he said, on one occasion, " this rag of mortality before them, worn out with numerous infirmities, which, if they tore into shreds, there was no great loss, only in the spilling of his, they would open a way to the blood of all the nobility in the land." His disorders were the most terri- ble to bear in themselves, and of that nature, moreover, which can least endure the aggrava- tion of mental anxiety. A severe attack of stone,* gout in one of his legs to an extent even with him unusual, and other pains, had bent all their afflictions upon him. Yet, though a generous sympathy was demanded on this score, and paid by not a few of his worst oppo- nents, it availed little with the multitudes that were present. Much noise and confusion pre- vailed at all times through the hall ; there was always a great clamour near the doors ; and we have it, on the authority of Rushworth him- self, that at those intervals when Strafford was busied in preparing his answers, the mos,t dis- tracting " hubbubs" broke out, lords walked about and chatted, and commoners were yet more offensively loud.f This was unfavoura- ble to the recollection, for disproof, of incidents long passed, and of conversations forgotten !f But conscious that he was not to be allowed in any case permission to retire, as soon as one of his opponent managers had closed his charge, the earl calmly turned his back to his judges, and, with uncomplaining composure, conferred with his secretaries and counsel. He had, indeed, it is not to be forgotten, strong assurances to sustain him secretly. He had, first, his own conviction of the legal in- competency of the charges, and to this was added the doubly-pledged faith of the king. In his prison he had received the following letter : " STRAFFORD, The misfortune that is fallen upon you by the strange mistaking and con- juncture of these times being such that I must lay by the thought of employing you hereafter in my affairs, yet I cannot satisfy myself in honour or conscience without assuring you (now in the midst of your troubles) that, upon the word of a king, you shall not suffer in life, honour, or fortune. This is but justice, and therefore a very mean reward from a master to so faithful and able a servant as you have * See Nalson, vol. ii., p. 100, et teq. t Baillie adds, that in these periods " flesh and bread" was ate, and " bottles of beer and wine were going thick from mouth to mouth." t Baillie cannot refrain from saying, while he describes the guilt to have been fully proved, that some of the evi- dence was only " chamber and table discourse, flim-flams, and fearie-fairies." showed yourself to be, yet it is as much as I conceive the present times will permit, though none shall hinder me from being your constant and faithful friend, CHARLES." But against these aids were opposed certain significant symptoms of a desperate and fatal purpose on the part of the managers of the impeachment. The bishops, on whom he might reasonably have relied, had, on the motion of Williams, withdrawn from attendance " in agitatione causa sanguinis," surrendering the right they had, un- der what was called " the constitutions of Clarendon," of attending in capital trials up to the stage of judgment. Next, the person on whose evidence Strafford mainly relied in the proof of his answers, Sir George Radcliffe, had, by a master-stroke of Pym's, been incapacitated suddenly by a charge of treason against him- self; not preferred, certainly, without cause, on the presumption of the guilt of the principal for he had been Strafford's guilty agent in all things but preferred with a fatal effect to Strafford himself. Again, though counsel had been granted him, they were restricted by the lords, on conference with the commons, to the argument of points of law. Lastly, with an irresistible energy, equalled only by Strafford's own, Pym had forced from the king a release for all the members of his secret council from their oath of secrecy, in order to their examina- tion before the committee of impeachment. " My lords," said Strafford, alluding to this, and to certain words of his own which such examination had been alleged to have proved, " My lords, these words were not wantonly or unnecessarily spoken, or whispered in a corner, but they were spoken in full council, where, by the duty of my oath, I was obliged to speak ac- cording to my heart and conscience, in all things concerning the king's service. If I had forborne to speak what I conceived to be for the benefit of the king and the people, I had been perjured towards Almighty God ; and for delivering my mind openly and freely, shall I be in danger of my life as a traitor 1 If that ne- cessity be put upon me, I thank God, by his blessing, I have learned not to stand in fear of him who can only kill the body. If the ques- tion be whether I must be traitor to man or perjured to God, I will be faithful to my Crea- tor ; and whatsoever shall befall me from pop- ular rage or from my own weakness, I must leave it to that Almighty Being, and to the jus- tice and honour of my judges. My lords, I conjure you not to make yourselves so unhap- py as to disable yourselves and your children from undertaking the great charge and trust of the Commonwealth. You inherit that trust from your fathers, you are born to great thoughts, you are nursed up for the great and weighty employments of the kingdom. But if it be once admitted that a counsellor, deliver- ing his opinion with others at the council-table, candide et caste, under an oath of secrecy and faithfulness, shall be brought into question, upon some misapprehension or ignorance of law if every word, that he speaks from a sin- cere and noble intention, shall be drawn against him for the attainting of him, his children, and posterity I know not (under favour I speak it) any wise or noble person of fortune who will, upon such perilous and unsafe terms, adventure EARL OF STRAFFORD. 125 to be counsellor to the king ! therefore I be- seech your lordships so to look On me that my misfortune may not bring an inconvenience upon yourselves. And though my words were not so advised and discreet, or so well weighed as they ought to be, yet I trust your lordships are too honourable and just to lay them to my charge as high treason. Opinions may make a heretic, but that they make a traitor I have never heard till now." Again, in reference to matters alleged against him on the evidence of familiar conversations, he eloquently protested thus : " If, my lords, words spoken to friends in familiar discourse, spoken in one's chamber, spoken at one's table, spoken in one's sick bed, spoken perhaps to gain better reason, to give himself more clear light and judgment by reasoning if these things shall be brought against a man as treason, this, under favour, takes away the comfort of all hu- man society by this means we shall be de- barred from speaking (the principal joy and comfort of society) with wise and good men to become wiser, and better our lives. If these things be strained to take away life and hon- our, and all that is desirable, it will be a silent world ! A city will become a hermitage, and sheep will be found amongst a crowd and press of people, and no man shall dare to impart his solitary thoughts or opinions to his friend and neighbour !" Noble and touching as this is, let the reader remember, as he reads it, the case of Mountnorris, and the misquoting and torturing of words, in themselves harmless, by which the lord-deputy of Ireland sacrificed that man to his schemes of absolute power. It is mournful to be obliged to add that it is chiefly the genius of a great actor which calls for ad- miration in this great scene ; for though he was, as we may well believe, sincere in his sud- den present acknowledgment of that power of the Commons which he had so often braved, the same plea of sincerity cannot serve him in his bold outfacing of every previous action of his power. As the trial proceeded, so extraordinary were the resources he manifested, that the managers of the Commons failed in much of the effect of their evidence. Even the clergy who were present forgot the imprisonment of the weak and miserable Laud (who now lay in prison, stripped of his power by this formidable Par- liament, which the very despotism of himself and Strafford had gifted with its potently oper- ative force !), and thought of nothing but the " grand apostate" before them. " By this time," says May, " the people began to be a little di- vided in opinion. The clergy in general were so much fallen into love and admiration of this earl, that the Archbishop of Canterbury was almost quite forgotten by them. The courtiers cried him up, and the ladies were exceedingly on his side. It seemed a very pleasant object to see so many Sempronias, with pen, ink, and paper in their hands, noting the passages, and discoursing upon the grounds of law and state. They were all of his side, whether moved by pity proper to their sex, or by ambition of be- ing able to judge of the parts of the prisoner. But so great was the favour and love which they openly expressed to him, that some could not but think of that verse " Non formosus erat, sed erat facundus Ulysses, Et tamcn aequoreas torsit amore deas '." Even the chairman of the committee who pre- pared his impeachment, the author of the Me- morials, observes, " Certainly never any man acted such a part, on such a theatre, with more wisdome, constancy, and eloquence, with great- er reason, judgment, and temper, and with a better grace in all his words and gestures, than this great and excellent person did." Such, indeed, appeared to be a very prevailing feeling, when, on the morning of the 10th of April, before the opening of that day's trial, Pym entered the House of Commons and an- nounced a communication respecting the Earl of Strafford of vital importance . The members were ordered to remain in their places, and the doors of the House were locked. Pym and the young Sir Harry Vane then rose, and produced a paper containing " a copy of notes taken at a junto of the privy council for the Scots affairs, about the 5th of May last." These notes were made by Sir Henry Vane the elder, and Claren- don says that he placed them in the hands of Pym out of hatred to Strafford. With much more appearance and likelihood of truth, how- ever, Whitelocke states that the elder Vane, be- ing absent from London, and in want of some papers, sent the key of his study to his son, and that the latter, in executing his father's orders, found this paper, and was ultimately induced by Pym to allow its production against Straf- ford. The Commons received this new evi- dence with many expressions of zealous thank- fulness. On the 13th of April the notes were read in Westminster Hall by Pym. They were in the shape of a dialogue and conference, and con- tained opinions delivered by Laud and Ham- ilton ; but the essential words were words spo- ken by Strafford to the king. " i'ou have an army in Ireland that you may employ to re- duce this kingdom to obedience." Vane the el- der was then called. He denied recollection of the words at first, till it had been asserted by others of the privy council that Strafford had used those words, " or the like," when the earl's brother-in-law, Lord Clare, rose and suggested that " this kingdom," by grammatical construc- tion, might mean Scotland. With singular abil- ity Strafford directed all his resources to the weakening of this evidence, but it was gener- ally regarded as fatal. He urged his brother- in-law's objection ; the very title of the notes, in proof of the country referred to, " no danger of a war with Scotland, if offensive, not defen- sive ;" and protested against a man's fife be- ing left to hang upon a single word. The evi- dence was finally admitted against him, and he was called upon to make his general defence in person against the facts, leaving the law to his counsel. He began by adverting to his painful and ad- verse position, alone and unsupported, against the whole authority and power of the Com- mons, his health impaired, his memory almost gone, his thoughts unquiet and troubled. He prayed of their lordships to supply his many infirmities by their better abilities, better judg- ments, better memories. "You alone/' he said, " I acknowledge, with all gladness and humility, as my judges. The king condemns 126 BRITISH STATESMEN. no man ; the great operation of his sceptre is mercy ; he dispenses justice by his ministers ; hut, with reverence be it spoken, he is not my judge, nor are the Commons my judges, in this case of life and death. To your judgment alone, my lords, I submit myself in all cheerfulness. I have great cause to give thanks to God for this, and celebrated be the wisdom of our an- cestors who have so ordained." With great force and subtle judgment he then argued against the doctrine of arbitrary and constructive treason, and afterward pro- ceeded : " My lords, it is hard to be questioned upon a law which cannot be shown. Where hath this fire lain hid so many hundred years, without smoke to discover it, till it thus bursts forth to consume me and my children t That punishment should precede promulgation of a law, to be punished by a law subsequent to the fact, is extreme hard ! What man can be safe if this be admitted 1 My lords, it is hard in an- other respect that there should be no token set by which we should know this offence, no admonition by which we should avoid it. My lords, be pleased to give that regard to the peerage of England, as never expose yourselves to such moot points such constructive inter- pretations of laws : if there must be a trial of wits, let the subject-matter be of somewhat else than the lives and honours of peers. It will be wisdom for yourselves, for your poster- ity, and for the whole kingdom, to cast into the fire these bloody and mysterious volumes of constructive and arbitrary treason, as the prim- itive Christians did their books of curious arts, and betake yourselves to the plain letter of the law and statute, that telleth us what is and what is not treason, without being more ambitious to be more learned in the art of killing than our forefathers ! It is now 240 years since any man was touched for this alleged crime, to this height, before myself. Let us not awaken these sleeping lions to our destructions, by taking up a few musty records, that have lain by the walls so many ages, forgotten or neglected. May your lordships please not to add this to my oth- er misfortunes let not a precedent be derived from me, so disadvantageous as this will be in its consequence to the whole kingdom. Do not, through me, wound the interest of the Com- monwealth : and howsoever these gentlemen say they speak for the Commonwealth, yet in this particular I indeed speak for it, and show the inconveniences and mischiefs that will fall upon it ; for, as it is said in the statute 1 Hen. IV., ' No one will know what to do or say for fear of such penalties.' Do not put, my lords, such difficulties upon ministers of state, that men of wisdom, of honour, and of fortune may not with cheerfulness and safety be employed for the public. If you weigh and measure them by grains and scruples, the public affairs of the kingdom will lie waste ; no man will meddle with them who hath anything to lose. My lords, I have troubled you longer than I should have done, were it not for the interest of those dear pledges a saint in Heaven hath left me." At this word (says the reporter) he stopped a while, letting fall some tears to her memory ; then he went on : " What I forfeit myself is nothing ; but that indiscretion should extend to my posterity woundeth me to the very soul. You will pardon my infirmity ; something I should have added, but am not able ; therefore let it pass. Now, my lords, for myself, I have been, by the blessing of Almighty God, taught that the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter. And so, my lords, even so, with all tranquillity of mind, I freely submit myself to your judgment, and whether that judgment be of life or death, Tc Deum Laudamus."* Great was the struggle to be made against such noble and affecting eloquence, and Pym proved himself not unequal to it. While we yield due admiration to the unexampled de- meanour of Strafford in this conjuncture to that quick perception of his exact position, which, while it revealed to him the whole mag- nitude of the danger, suggested the most plau- sible defence, and supplied resolution where, to an ordinary spirit, it would have induced despair, so that, while sinking down the tre- mendous gulf into which he had been so sud- denly precipitated, he displayed the same cool- ness in catching at every weed, however feeble, that might retard his descent, as though the peril had long been foreseen and the methods of escape long rehearsed while we praise this in him,, let us not forget the still more extra- ordinary bearing of his adversary the triumph of Pym, as unparalleled as the overthrow of Strafford. In either case, the individual rose or fell with the establishment or the withdrawal of a great principle. Pym knew and felt this, and that with him it now rested whether or not the privileges so long contested, the rights so long misunderstood, of the great body of the people, should win at last their assured consum- mation and acknowledgment. In the speeches of Pym, the true point is to be recognised on which the vindication of Strafford's death turns. The defence of the accused was tech- nical, and founded on rules of evidence and legal constructions of statutes, which, though clearly defined since, were in that day recog- nised doubtfully, and frequently exceeded. The * This is from Whitelocke's Memorials. It is the most beautiful and complete report that has been given. I may subjoin a characteristic note from Baillie's letters. "At the end, he made such a pathetic oration for half an hour as ever comedian did on the stage. The matter and expres- sion was exceeding brave. Doubtless, if he had grace and civil goodness, he is a most eloquent man. One passage is most spoken of his breaking off in weeping and silence when he spoke of his first wife. Some took it for a true de- fect in his memory, others for a notable part of his rhetoric ; some that true grief and remorse at that remembrance had stopt his mouth ; for they say that his first lady, being with child, and finding one of his mistress's letters, brought it to him, and chiding him therefore, he struck her on the breast, whereof she shortly died." Letters, p. 291. The latter statement is only one of a thousand horrible and disgusting falsehoods which, notwithstanding the abundance of true accusatory matter, were circulated at the time against Straflford, and one or two specimens of which maybe found in the fourth volume of Lord Somers's Collection of Tracts. His friends, however, it is to be remarked, were not less forward in getting up all sorts of fictitious points of sympa- thy (in some respects, also, unnecessary, since they had plenty of true resources in that regard) around him and his memory ; and as an instance I may mention that an ex- tremely pathetic letter of Sir Walter Raleigh to his wife (the most pathetic, probably, in the language), written while he expected execution, was printed with Strafford's signature, and with the alteration of words to meet the cir- cumstances of Strafford's death. The writers of the Biog. Brit, do not seem to have been aware of this. But see Som- ers's Tracts, vol. iv., p. 249, 250 ; and compare with Eiog. Brit., vol. v., p. 3478. EARL OF STRAFFORD. 127 defence of the accusers, if they are indeed to be put upon their defence before a posterity for whose rights they hazarded all things, rests upon a principle which was implanted in man when he was born, and which no age can deaden or obscure. " My lords," said Pym, " we charge him with nothing but what the ' law' in every man's breast condemns, the light of nature, the light of common reason, the rules of com- mon society."* Nor can it be doubted that occasions must ever be recognised by the phi- losopher and the statesman when the commu- nity may be reinvested in those rights which were theirs before a particular law was estab- lished. If ever such an occasion had arisen, surely, looking back upon the occurrences of the past, and forward upon the prospects of the future, it had arisen here. It was time that outraged humanity should appeal, as Pym after- ward urged, to " the element of all laws, out of which they are derived, the end of all laws, to which they are designed, and in which they are perfected. "t The public liberty was in danger from the life of Stratford, and the ques- tion of justice reared itself above the narrow limits of the law ; for yet, again Pym urged, the law itself can be no other than that " which puts a difference betwixt good and evil, betwixt just and unjust. It is God alone who subsists by himself; all other things subsist in a mutual dependance and relation. "t Nor can it be al- leged, even by the legal opponents of this im- peachment, that the proofs advanced under the fifteenth article, which had charged Straf- ford with raising money by his own authority, and quartering troops upon the people of Ire- land, did not advance far more nearly to a sub- stantive treason, within the statute of Edward III., than many of the recognised precedents that were offered. " Neither will this," Pym contended on that ground with a terrible ear- nestness, "be a new way of blood. There are marks enough to trace this law to the very original of this kingdom ; and if it hath not been put in execution, as he allegeth, this 240 years, it was not for want of a law, but that all that time hath not bred a man bold enough to commit such crimes as these !" At this moment, it is said, Strafford had been closely and earnestly watching Pym, when the latter, suddenly turning, met the fixed and wasted features of his early associate. A rush of other feelings crowding into that look for a moment dispossessed him. " His papers he looked on," says Baillie, " but they could not help him to a point or two, so he behooved to pass them." But a moment, and Pym's elo- quence and dignified command returned. He had thoroughly contemplated his commission, and had resolved on its fulfilment. The occa- sion was not let slip ; the energies, wound up to this feat through years of hard endurance, were not frozen, and the cause of the people was gained. In the condemnation of Strafford they resumed an alienated power, and were reinstated in an ancient freedom. He was condemned. The judges themselves, on a solemn reference by the House of Lords for their opinion whether some of the articles amounted to treason, answered unanimously, * Rushworth, vol. viii., p. 108, 109. t Ibid., p. C63. t Ibid., p. 661. that upon all which their lordships had voted to be proved, it was their opinion the Earl of Strafford did deserve to undergo the pains and penalties of high treason by law. Meanwhile, before this opinion was taken, the Commons had changed their course, and introduced a bill of attainder. This has been sorely reproached to them, and one or two of the men who had acted with them up to this point now receded. Lord Digby was the prin- cipal of these. " Truly, sir," he said, on the discussion of the bill, " I am still the same in my opinions and affections as unto the Earl of Strafford. I confidently believe him to be the most dangerous minister, the most insupport- able to free subjects, that can be charactered. I believe his practices in themselves as high, as tyrannical, as any subject ever ventured on, and the malignity of them hugely aggravated by those rare abilities of his, whereof God had given him the use, but the devil the application. In a word, I believe him to be still that grand apostate to the Commonwealth, who must not expect to be pardoned in this world till he be despatched to the other ; and yet, let me tell you, Mr. Speaker, my hand must not be to that despatch. I protest, as my conscience stands informed, I had rather it were off!"* The authority of Digby in this affair, however, may well be questioned, since it has been proved that he had at this time entered into an intrigue to save the life of the prisoner, and though he spoke against the bill with extreme earnest- ness, he at the same time no less earnestly of- fered to swear that he knew nothing of a cer- tain copy of important notes which had been lost, though they were afterward found in his handwriting in the royal cabinet taken at Nase- by, and it turned out that, having access to them as a member of the impeachment com- mittee, he had stolen them.t The bill of attainder was passed on the 21st of April. While on its way to the Lords, the king went to that house and addressed them. " I am sure," he said, " you all know that I have been present at the hearing of this great case from the one end to the other, and I must tell you that I cannot in my conscience con- demn him of high treason : it is not fit for me to argue the business ; I am sure you will not expect that ; a positive doctrine best becomes the mouth of a prince." After beseeching them not to treat the earl with severity, he thus concluded : " I must confess, for matter of misdemeanors, I am so clear in that, that though I will not chalk out the way, yet let me tell you that I do think my Lord Strafford is not fit hereafter to serve me or the Common- wealth in any place of trust, no, not so much as that of a constable ; therefore I leave it to you, my lords, to find some such way as to bring me out of this great strait, and keep ourselves and the kingdom from such inconveniences. Certainly he that thinks him guilty of high treason in his conscience may condemn him of misdemeanor." When Strafford- heard in his prison of this intended interference, he had earnestly pro- * [This speech of Digby's is one of the most beautiful specimens of eloquence which we have received from the many great speakers of that day. The whole may be tumid in Sir R. Baker's Chronicles of England. C.] t See Whitelocke, p. 43. 128 BRITISH STATESMEN. tested against it, and on learning that the step was actually taken, he gave himself up for lost.* He had judged truly. The leaders of the Commons took advantage of the occasion it offered. The Presbyterian pulpits of the fol- lowing day, which happened to be Sunday, sent forth into every quarter of London cries of "justice upon the great delinquent;" and on the succeeding morning, furious multitudes, variously armed, thronged the approaches to the House of Lords ; placarded as " Strafford- ians, or betrayers of their country," the names of those commoners who had voted against the attainder ; and shouted openly for the blood of Stratford. Pym, meanwhile, had discovered and crush- ed a conspiracy for his release, which had ori- ginated in the court, and was disclosed by the inviolable fidelity of the governor of the Tower. No hope remained. The lords, proceeding upon the judicial opinion I have named, passed the bill of attainder, voting upon the articles judicially, and not as if they were enacting a legislative measure. The Earl of Strafford, with a generosity worthy of his intellect, now wrote to the king and released him from his pledged word. " To say, sir," he wrote in the course of this memo- rable letter, " that there hath not been a strife in me, were to make me less man than, God knoweth, my infirmities make me ; and to call a destruction upon myself and my young chil- dren (where the intentions of my heart at least have been innocent of this great offence), may be believed, will find no easy consent from flesh and blood." Its concluding passages ran thus : " So now, to set your majesty's con- science at liberty, I do most humbly beseech your majesty, for prevention of evils which may happen by your refusal, to pass this bill, and by this means to remove, praised be God (I cannot say this accursed, but, I confess), this unfortunate thing forth of the way towards that blessed agreement which God, I trust, shall ever establish between you and your sub- jects. Sir, my consent shall more acquit you herein to God than all the world can do besides. To a willing man there is no injury done. And as, by God's grace, I forgive all the world with a calmness and meekness of infinite con- tentment to my dislodging soul, so, sir, to you I can give the life of this world, with all the cheerfulness imaginable, in the just acknowl- edgment of your exceeding favours, and only beg that in your goodness you would vouch- safe to cast your gracious regard upon my poor son and his three sisters, less or more, and no otherwise, than as their (in present) unfortu- nate father may hereafter appear more or less guilty of this death." The singular note which has been preserved by Burnet, and which relates circumstances taken from the lips of Hollis himself, continues the deep interest of this tragic history : " The Earl of Strafford had married his sister : so, though in the Parliament he was one of the hottest men of the party, yet when that matter was before them he always withdrew. When the bill of attainder was passed, the king sent for him to know what he could do to save the Earl of Strafford. Hollis answered that, if * Clarendon and Radcliffe. the king pleased, since the execution of the law was in him, he might legally grant him a reprieve, which must be good in law ; but he would not advise it. That which he proposed was, that Lord Strafford should send him a pe- tition for a short respite, to settle his affairs and to prepare for death, upon which he advi- sed the king to come next day with the petition in his hands, and lay it before the two houses, with a speech which he drew for the king, and Hollis said to him, he would try his interest among his friends to get them to consent to it. He prepared a great many by assuring them that, if they would save Lord Strafford, he would become wholly theirs in consequence of his first principles, and that he might do them much more service by being preserved than he could do if made an example upon such new and doubtful points. In this he had wrought on so many, that he believed if the king's party had struck into it he might have saved him."* While the party thus prepared to second Hollis waited their time, the king suddenly re- sorted to a different scheme, and, having with tears in his eyes signed the commission for giving assent to the bill, declaring at the same time that Strafford's condition was happier than his own, sent the Lords a letter, written by his own hand, and, as a farther proof of his deep interest, with the young Prince of Wales as its messenger. " I did yesterday," ran this letter, " satisfy the justice of the kingdom by passing the bill of attainder against the Earl of Strafford ; but mercy being as inherent and inseparable to a king as justice, I desire at this time, in some measure, to show that likewise, by suffering that unfortunate man to fulfil the natural course of his life in a close imprison- ment ; yet so, if ever he make the least offer to escape, or offer directly or indirectly to med- dle in any sort of public business, especially with me, either by message or letter, it shall cost him his life without farther process. This, if it may be done without the discontentment of my people, will be an unspeakable content- ment to me. To which end, as in the first place, I by this letter do earnestly desire your approbation, and to endear it more, have chose him to carry it that of all your House is most dear to me. So I desire, that by a conference you will endeavour to give the House of Com- mons contentment, assuring you that the exer- cise of mercy is no more pleasing to me than to see both houses of Parliament consent, for my sake, that I should moderate the severity of the law in so important a case. I will not say that your complying with me in this my in- tended mercy shall make me more willing, but certainly 'twill make me more cheerful in grant- ing your just grievances. But if no less than his life can satisfy my people, I must say fiat justitia. Thus, again recommending the con- sideration of my intention to you, I rest." The following was added as a postscript : " If he must die, it were charity to reprieve him until Saturday." Hollis's scheme was now thoroughly defeat- ed, and death secured to Strafford. This pitia- ble letter ended all. It is a sorry office to plant the foot on a worm so crushed and writhing as the wretched king who signed it, for it was one of the few crimes of which he was in the event * Own Time, book i. EARL OF STRAFFORD. 129 thoroughly sensible, and friend has for one co-operated with foe in the steady applicatior to it of the branding iron. There is, in truth hardly any way of relieving the "damned spot of its intensity of hue, even by distributing the concentrated infamy over other portions of Charles's character. The reader who has gone through the preceding details of Strafford's lift can surely not suggest any ; for when we hav convinced ourselves that this " unthankful king' never really loved Strafford ; that, as much as in him lay, he kept the dead Buckingham in his old privilege of mischief, by adopting hi: aversions and abiding by his spleenful purpo ses ; that, in his refusals to award those in creased honours for which his minister was a petitioner, on the avowed ground of the roya interest, may be discerned the petty triumph of one who dares not dispense with the servi- ces thrust upon him, but revenges himself by withholding their well-earned reward stil does the blackness accumulate to baffle our ef- forts. The paltry tears he is said to have shec only burn that blackness in. If his after con- duct indeed had been different, he might have availed himself of one excuse ; but that the man who, in a few short months, proved that he could make so resolute a stand somewhere, should have judged this event no occasion for attempting it, is either a crowning infamy or an infinite consolation, according as we may judge wickedness or weakness to have prepon- derated in the constitution of Charles I.* Sufficient has been said to vindicate these remarks from any, the remotest, intention of throwing doubt on the perfect justice of that bill of attainder. Bills of attainder had not been uncommon in England ; are the same in principle as the ordinary bills of pains and pen- alties ; and the resort to that principle in the present case arose from no failure of the im- peachment, as has been frequently alleged,! but because, in the course of that impeachment, circumstances arose which suggested to the great leader of the popular cause the greater safety of fixing this case upon wider and more special grounds. Without stretching to the slightest extent the boundaries of any statute, they thought it better at once to bring Straf- ford's treason to the condemnation of the sour- ces of all law. In this view it is one of their wisest achievements that has been brought within the most hasty and ill-considered cen- sure their famous proviso that the attainder should not be acted upon by the judges as a precedent in determining the crime of treason. As to Strafford's death, the remark that the people had no alternative includes all that it is necessary to urge. The king's assurances of his intention to afford him no farther opportu- nity of crime, could surely weigh nothing with men who had observed how an infinitely more disgusting minister of his will had only seemed to rise the higher in his master's estimation for the accumulated curses of the nation. Nothing but the knife of Felton could sever in that case the weak head and the wicked instrument, and * [The world will more readily forgive the faults of Strafford than they will acquit Charles for having consent- ed to his death. Spe Jesse's Court of England under the Stuarts, vol. ii., p. 370. C.] t The judges and peers voted judicially even on the bill, as has been already stated. R it is to the honour of the adversaries of Straf- ford that they were earnest that their cause should vindicate itself completely, and look for no adventitious redress. Strafford had outra- ged the people : this was not denied. He was defended on the ground of those outrages not amounting to a treason against the king. Foi my own part, this defence appears to me deci- sive, looking at it in a technical view, and with our present settlement of evidence and treason. But to concede that point, after the advances they had made, would have been in that day to concede all. It was to be shown that another power had claim to the loyalty and the ser- vice of Strafford ; and if a claim, then a ven- geance to exact for its neglect. And this was done. Nor should the subject be left without the remark that the main principle contended for by Pym and his associates was, at the last, fully submitted to by Strafford. He allowed the full power of the people's assembly to take cognizance of his deeds and to dispose of his life, while most earnestly engaged in defending the former and preserving the latter. Now the calm and magnanimous patience of Straf- ford was very compatible with a fixed denial of the authority of his judges, had that appear- ed contestable in his eyes ; but we find no in- timation of such a disposition. He would not have the Parliament's " punishment precede promulgation of a law ;" he pleads that " to be punished by a law subsequent to the fact is extreme hard ;" and that " it is hard that there should be no token set by which we should know this offence, no admonition by which we should avoid it ;" and he is desirous that " a precedent may not be derived from one so dis- advantageous as this ;" but, in the mean time, the cause is gained, the main and essential point is given up ! The old boasts of the lord- lieutenant's being accountable to the king alone, of the king's will being the one and the only law of his service, are no longer heard. It may be said that a motive of prudence withheld Strafford from indignantly appealing to the king in his lurking-place from the unrecognised ar- ray of questioners and self-constituted inquisi- tors who had taken upon themselves to super- sede him ; but when the sentence was passed and its execution at hand, when hope was gone and the end rapidly hastening, we still find Strafford offering nothing against the right. One momentary emotion, not inconsistent with his letter to the king, escaped him when le was told to prepare for death. He asked if he king had indeed assented to the bill. Sec- etary Carleton answered in the affirmative ; and Strafford, laying his hand on his heart, and aising his eyes to heaven, uttered the memor- able words, " Put not your trust in princes, nor n the sons of men, for in them there is no sal- ation." Charles's conduct was indeed incred- bly monstrous. Three days more of existence were granted o Strafford, which he employed calmly in the arrangement of his affairs. He wrote a peti- ion to the House of Lords to have compassion n his innocent children ; addressed a letter to is wife, bidding her affectionately to support ler courage, and accompanied it with a letter f final instruction and advice to his eldest 130 BRITISH STATESMEN. son.* This is in all respects deeply touching " MY DEAREST WILL," he wrote, " these are tin last lines that you are to receive from a fathe that tenderly loves you. I wish there were a greater leisure to impart my mind unto you but our merciful God will supply all things bj his grace, and guide and protect you in all you ways to whose infinite goodness I bequeath you. And therefore be not discouraged, bu serve him, and trust in him, and he will pre serve and prosper you in all things. Be sun you give all respect to my wife, that hath eve had a great love unto you, and therefore wil be well becoming you. Never be awanting in your love and care to your sisters, but let therr ever be most dear unto you ; for this will give others cause to esteem and respect you for it and is a duty that you owe them in the memo ry of your excellent mother and myself, there fore your care and affection to them must be the very same that you are to have of your self; and the like regard must you have to your youngest sister, for indeed you owe it her also, both for her father and mother's sake Sweet Will, be careful to take the advice of those friends which are by me desired to ad vise you for your education." And so the ten- derness of the father proceeds through many fond and affectionate charges. With charac- teristic hope he says, " The king, I trust, wil deal graciously with you, and restore you those honours and that fortune which a distemperec time hath deprived you of, together with the life of your father." Advice is next given to meet the occurrence of such a chance. " Be sure to avoid as much as you can to inquire af- ter those that have been sharp in their judg- ments towards me, and I charge you never to suffer thought of revenge to enter your heart, but be careful to be informed who were my friends in this prosecution, and to them apply yourself to make them your friends also ; and on such you may rely, and bestow much of your conversation amongst them. And God Almighty of his infinite goodness bless you and your children's children ; and his same good- ness bless your sisters in like manner, perfect you in ever good work, and give you right un- derstandings in all things. Amen. Your most loving father, THOMAS WENTWORTH."! At one time, probably, a deeper pang would have been involved to Strafford in this affect- ing surrender of his cherished title than in that of existence itself. But this was not the time. Nothing but concern for his family and friends disturbed the composure of his remaining hours. He wrote kind and encouraging letters to " dear George," as he called Sir George Radcliffe ; shed tears for the death of Wandesford, whom * [He also wrote a beautiful letter to Guildford Slingsby, his secretary ; this is the finest effort of his pen. C.] t Strafford Papers, vol. ii., p. 416. The letter bears date the llth of May, 1641, and has the following- postscript: " You must not fail to behave yourself towards my Lady Clare, your grandmother, with all duty and observance ; for most tenderly doth she love you, and hath been passing kind unto me. God reward her charity for it. And both in this and all the rest, the same that I counsel you, the same do I direct also to your sisters, that so the same may be observed by you all. And once more do I, from my very soul, beseech our gracious God to bless and govern you in all, to the saving you in the day of his visitation, and join us again in the communion of his blessed saints, where is fulness of joy and bliss for evermore. Amen, Amen." The " youngest sister" was the infant of Lady Strafford. he had intrusted with the care of his govern- ment and family, but who broke his heart on hearing of the sad events that had fallen on his patron ; and requested of the Primate of Ire- land (Usher), who attended him, to desire "my lord's Grace of Canterbury," his old friend, the now imprisoned and afflicted Laud, " to lend me his prayers this night, and to give me his blessing when I go abroad to-morrow, and to be in his window, that, by my last farewell, I may give him thanks for this, and all other, his former favours." He had previously asked the Lieutenant of the Tower if it were possible to have" an interview with Laud, adding, with playful sarcasm, " You shall hear what passes betwixt us. It is not a time either for him to plot heresy, or me to plot treason." The lieu- tenant, in reply, suggested a petition to the Parliament. "No," was the quiet rejoinder. " I have gotten my despatch from them, and will trouble them no more. I am now peti- tioning a higher court, where neither partiality can be expected nor error feared." Laud, old and feeble, staggered to the win- dow of his cell as Strafford passed on the fol- lowing morning, and, as he lifted his hands to bestow the blessing his lips were unable to ut- ter, fell back and fainted in the arms of his at- tendant. Strafford moved on to the scaffold with un- disturbed composure. His body, so soon to be released, had given him a respite of its infirmi- ties for that trying hour. Rushworth, the clerk of the Parliament, was one of the spectators, and has minutely described the scene. " When he arrived outside the Tower, the lieutenant desired him to take coach at the gate, lest the enraged mob should tear him in pieces. ' No,' said he, Mr. Lieutenant, I dare look death in the face, and the people too ; have you a care I do not escape ; 'tis equal to me how I die, whether by the stroke of the executioner, or by the madness and fury of the people, if that may give them better content.' " Not less than 100,000 persons, who had crowded in from all parts, were visible on Tower Hill, in a long and dark perspective. Strafford, in his walk, took off his hat frequently, and saluted them, and received not a word of insult or re- proach. His step and manner are described 3y Rushworth to have been those of " a gen- ral marching at the head of an army, to jreathe victory, rather than those of a con- demned man, to undergo the sentence of death." At his side, upon the scaffold, stood his brother, Sir George Wentworth, the Bish- op of Armagh, the Earl of Cleveland, and oth- rs of his friends, and behind them the indefat- gable collector Rushworth, who " being then ;here on the scaffold with him," as he says, ook down the speech which, having asked heir patience first, Strafford at some length addressed to the people. He declared the in- nocence of his intentions, whatever might have >een the construction of his acts, and said that he prosperity of his country was his fondest ivish. But it augured ill, he told them, for the people's happiness, to write the commence- nent of a reformation in letters of blood. "One hing I desire to be heard in," he added, " and o hope that for Christian charity's sake I hall be believed. I was so far from being EARL OF STRAFFORD. 131 against Parliaments, that I did always think Parliaments in England to be the happy con- stitution of the kingdom and nation, and the best means, under God, to make the king and his people happy."* He then turned to take leave of the friends who had accompanied him to the scaffold. He beheld his brother weeping excessively. " Brother," he said, " what do you see in me to cause these tears 1 Does any innocent fear betray in me guilt 1 or my innocent boldness atheism 1 Think that you are now accom- panying me the fourth time to my marriage bed. That block must be my pillow, and here I shall rest from all my labours. No thoughts of envy, no dreams of treason, nor jealousies, nor cares for the king, the state, or myself, shall interrupt this easy sleep. Remember me to my sister and to my wife ; and carry my blessing to my eldest son, and to Ann, and Arabella, not forgetting my little infant, that knows neither good nor evil, and cannot speak lor itself. God speak for it, and bless it !" While undressing himself, and winding his hair under a cap, he said, looking on the block, " I do as cheerfully put off my doublet at this time as ever I did when I went to bed." "Then," proceeds Rushworth, closing this memorable scene, "then he called, 'Where is the man that shall do this last office 1 (mean- ing the executioner). Call him to me.' When he came and asked him forgiveness, he told him he forgave him and all the world. Then kneeling down by the block, he went to prayer again by himself, the Bishop of Armagh kneel- ing on the one side, and the minister on the other ; ro the which minister after prayer he turned himself, and spoke some few words softly ; having his hands lifted up, the minis- ter closed his hands with his. Then bowing himself to the earth, to lay down his head on the block, he told the executioner that he would first lay down his head to try the fitness of the block, and take it up again, before he laid it down for good and all ; and so he did ; and before he laid it down again, he told the executioner that he would give him warning when to strike by stretching forth his hands ; and then he laid down his neck on the block, * The paper of minutes from which he had spoken this speech was afterward found lying on the scaffold, and was printed by Rushworth, vol. viii., p. 761. See Appendix to this Memoir. stretching out his hands ; the executioner struck off his head at one blow, then took the head up in his hand, and showed it to all the people, and said, ' God save the king !' " Thus, on Wednesday, the 12th of May, 1641, died Thomas Wentworth, the first Earl of Strafford. Within a few weeks of his death the Parliament mitigated the most severe con- sequences of their punishment to his children, and in the succeeding reign the attainder was reversed, the proceedings obliterated, and his son restored to the earldom.* A great lesson is written in the life of this truly extraordinary person. In the career of Strafford is to be sought the justification of the world's " appeal from tyranny to God." In him Despotism had at length obtained an in- strument with mind to comprehend, and reso- lution to act upon her principles in their length and breadth, and enough of her purposes were effected by him to enable mankind to see " as from a tower the end of all." I cannot discern one false step in Strafford's public conduct, one glimpse of a recognition of an alien principle, one instance of a dereliction of the law of his being, which can come in to dispute the deci- sive result of the experiment, or explain away its failure. The least vivid fancy will have no difficulty in taking up the interrupted design, and by wholly enfeebling or materially imbold- ening the insignificant nature of Charles, and by according some half dozen years of immu- nity to the " fretted tenement" of Strafford's "fiery soul," contemplate then, for itself, the perfect realization of the scheme of "making the prince the most absolute lord in Christen- dom." That done, let it pursue the same course with respect to Eliot's noble imagin- ings, or to young Vane's dreamy aspirings, and apply in like manner a fit machinery to the working out the projects which made the dun- geon of the one a holy place, and sustained the other in his self-imposed exile. The re- sult is great and decisive ! It establishes, in renewed force, those principles of political con- duct which have endured, and must continue to endure, " like truth from age to age." * [The eulogy of his enemy Whitelocke deserves to be his epitaph: "Thus," he says, "fell this noble earl, who for natural parts and ability, and for improvement of knowledge by experience in the greatest affairs ; for wisdom, faithful- ness, and gallantry of mind, hath left few behind him that can be ranked as his equals." C.] APPENDIX TO THE LIFE OF THE EARL OF STRAFFORD. MY HUMBLE OPINION CONCERNING A PARLIAMENT IN THIS YOUR MAJESTY S KINGDOM OF IRELAND. CHARLES B. 1. Albeit the calling 1 of a Sections 1,2, 3,4, 5. Upon Parliament in this kingdom Parliament ; and especially as it is in England, where relying upon your faith and there is a liberty assumed to dexterity in managing so offer everything in their own -reat a work for the good of time and order ; and this sub- ur service, we are fully per- ordination, whereunto they uaded to condescend to the have been led by the wisdom tion always weighty very necessary to ; be considered with great deliberation whether the present conjuncture of affairs doth now advise a Parliament or no t And, after a serious discourse with myself, my reason persuades me the a serious uisuuurse wii.ii in for the assembling thereof. or uie assemuiiug uiereui. 2. For, the contribution from the country towards the trmy ending in December next, your majesty's revenue jails short twenty thousand pounds sterling by the year of the present charge it is burdened withal, besides the vast debt of fourscore thousand pounds Irish upon the crown, be at least an attempt first to effect it with ease, were to love difficulties too well, rather voluntarily to seek them, than unwillingly to meet them, and might seem as well vanity in the first respect so to affect them, as faintness to bow under them when they are not to be avoided. 3. The next inclination thereunto ariseth in me from th condition of this country, grown very much more civil am affairs and expenses abroad ; that this great charge is sus- tained, and this great debt contracted through employments for a public good, whereof the benefit hitherto hath been entirely theirs ; that there hath been but one subsidy grant- ed in all this time, nor any other supply but this contribu- tion ; in exchange whereof, your princely bounty returned creased under tne guard 01 your wisdom ana justice, so ut- tle issued hence from them, the crown so pressed only for their good, and so modest a calling upon them now for a -upply, which in all wisdom, good nature, and conscience they are not to deny should they not conform themselves to your gracious will, their unthankfulness to GoH and the best of kings becomes inexcusable before all the world, and JUOl., CL11U JUOH_y lu [IUI1I3U SU needs be judged to be in them. 4. Next, the frightful apprehension, which at this time makes their hearts beat, lest the quarterly payments towards the army, continued now almost ten years, might in fine turn to an hereditary charge upon their lands, inclines them to give any reasonable thing in present to secure themselves of that fear for the future ; and therefore, according to the wholesome counsel of the physician, Dum dolet accipe. 5. And, lastly, If they should meanly cast from them these mighty obligations, which indeed I cannot fear, your majesty's affairs can never suffer less by their starting aside, when the general peace abroad admits a more united power in your majesty, and less distracted thoughts in your ministers, to chastise such a forgetfulness, to call to their remembrance, and to enforce from them other and better duties than these. Sect. 6, 7, 8, 9. We ap- 6. In the second place, the point the time of the meeting time your majesty shall in to be in Trinity term next, for your wisdom appoint for this the reasons you here allege. meeting imports very much ; which, with all submission, I should advise might not be longer put off than Easter, or Trinity term at farthest ; and I shall crave leave to offer my reasons. 7. The improvements mentioned in my despatch to the lord-treasurer, from which I no ways recede, would not be foreslowed, wherein we lose much by deferring this meet- ing, a circumstance very considerable in these streights, wherein, if surprised, might be of much disadvantage, in case the Parliament answer not expectation ; and to enter upon that work before would be an argument for them to scant their supply to your majesty. 8. Again, a breach of Parliament would prejudice less thus than in winter, having at the worst six months to turn our eyes about, and many helps to be gained in that space ; where, in the other case, the contribution ending in Decem- ber next, we should be put upon an instant of time, to read over our lesson at first sight. 9. Then the calling of a Parliament and determining of the quarterly payments falling out much upon one, might make them apprehend there was a necessity enforcing a present agreement, if not the good one we would, yet the best we could get, and so imbolden them to make and flat- ter themselves to gain their own conditions, and conditions are not to be admitted with any subjects, less with this people, where your majesty's absolute sovereignty goes much higher than it is taken, perhaps, to do in England. Sect. 10. We well approve 10. And, lastly, There be- and require the making of two ing some of your majesty's sessions, as you propose. The graces which, being passed first to be held in summer for into laws, might be of great our own supplies, and the sec- prejudice to the crown; and and in winter, for passing yet it being to be feared they such laws and graces only as will press for them all, and shall be allowed by us. But uncertain what humour the this intimation of two sessions denying any of them might we think not fit to be imparted move in their minds, I con- to any till the Parliament be ceive, under favour, it would set. And farther, we will ad- be much better to make two mil no capitulations nor de- sessions of it, one in summer, mands of any assurance under the other in winter ; in the our broad seal, nor of sending former to settle your majes- over deputies or committees ty's supply, and in the latter to treat here with us, nor of to enact so many of those any restraint in our bill of graces as in honour and wis- subsidies, nor of any condition dom should be judged equal, of not maintaining the army ; when the putting aside of the but in case any of these be in- rest might be of no ill conse- sisted upon, and that they will quence to other your royal not otherwise proceed or be purposes. satisfied with our royal prom- ise for the second session, or shall deny or delay the passing of our bills, we require you thereupon to dissolve the Par- liament, and forthwith to take order to continue the contri- butions for our army, and withal to proceed to such improve- ments of our revenue as are already in proposition, or may hereafter be thought upon for the advantage of our crown. Sect. 11. Concerning the 11. All the objections I am short law to preserve the ut- able to suggest unto myself termost benefit of the compo- are two : That it might ren- sitions upon concealments, der fruitless the intended im- and the plantations of Con- provement upon the conceal- naght and Ormond, we like it ments, and prejudice the well, if you can obtain it, for plantations of Connaght and confirmation of what you have Ormond. The former may done, or shall hereafter do easily be helped by a short about those businesses. But law, propounded in my de- your promising of such a law, spatch to my lord-treasurer ; we doubt, may hinder the ser- and posito, that there no oth- vice, and cause them to be er law pass the first session : satisfy'd with nothing but a the second is likewise suffi- special statute. ciently secured. Sect. 12, 13, 14, 15. For 12. Then it is to be fore- demandsto be made for us, we seen what your majesty wil] EARL OF STRAFFORD, 133 allow your propositions in demand, how induce and pur- these sections, both in the sue the same, for the happy matter and in the form ; only settlement of the regal rights the last clause, which giveth and powers in this more sub- hope to maintain the army ordinate kingdom. afterward without farther 13. My humble advice is, charge to them at all, we con- to declare, at the first open- ceive may be drawn to a bind- ing of the meeting, that your ing assumption ; and besides, majesty intends and promises it is not necessary, the very two sessions ; this former for proposition being sufficient to yourself, that latter, in Mi- that effect. chaelmas term next, for them; this to ascertain the pay- ments of your army, and to strike off the debts of your crown ; that, for the enacting of all such profitable and wholesome laws as a moderate and good people may expect from a wise and gracious king. 14. That, this being the order of nature, reason, and ci- vility, your majesty expects it should be entirely observed, and yourself wholly intrusted by them ; whjch they are not only to grant to be fit in the general case of king and subjects, but ought indeed to acknowledge it with thank- fulness due to your majesty in particular, when they look back, and call to mind how, for their ease, you were con- tent to take the sixscore thousand pounds (which their agents gave to be paid in three) in six years ; and not barely so neither, but to double your graces towards them the while, which they have enjoyed accordingly, much to their advantage and greatly to the loss of the crown. 15. And that, considering the army hath been represent- ed over to your majesty from this council, and in a manner from the body of this whole kingdom, to be of absolute ne- cessity, to give comfort to the quiet minds in their honest labours, to contain the licentious spirits within the modest bounds of sobriety, it consists not with your majesty's wis- dom to give unto the world, no, not the appearance of so much improvidence in your own counsels, of so much for- getfulness in a case of their safety, as to leave that pillar of your authority and their peace unset for continuance, at least one six months before the wearing forth of their con- tribution. Sect. 16, 17, 18. We do 16. Therefore your majes- not conceive that hereby you ty was well assured, in con- purpose easily to relinquish formity to the rules of reason any of our demands, for all and judgment, they would which you have laid so fair presently grant three sub- and solid grounds. And con- sidies, to be paid in three sidering the payment of the years, to disengage the crown army is absolutely necessary of fourscore thousand pound to be borne by the country, debt, and continue their they cannot pretend by their quarterly payments towards three subsidies to make a fit- the army four years longer, ting recognition of respect in which time it was hopeful for our coming to the crown (suitable to your gracious in- without that last addition to tentions) some other expedi- buy in rents and pensions. ent might be found out to maintain the army without farther charge to them at all ; which law past, they shou'd have as much leisure to enact for themselves at after as they could desire, either now or in winter. Nay, your majesty wou'd be graciously pleased, with the assistance of your council, to advise seriously with them, that nothing might remain either unthought of ordeny'd conducing to the pub- lic good of this kingdom ; but if they made difficulty to pro- ceed with your majesty in this manner, other counsels must be thought of, and little to be rely'd or expected for from them. 17. I am not to flatter your majesty so far as to raise any hope on that side that all this shou'd be granted but by pressing both, and especially the continuance of the quar- terly payments to the army, which they dread above any earthly thing. I conceive it probable that, to determine and lay asleep (as they think) the contribution, and in ac- knowledgment of your majesty's happy access to the crown, they may be drawn to a present gift of three subsidies, pay- able in three years, which alone wou'd keep the army on foot during that time, and if my calculation hold, almost discharge the debt of the crown besides. 18. For thus I make my estimate : the contribution from the country is now but twenty thousand pounds sterling by the year, whereas I have good reason to trust each subsidy will raise thirty thousand pounds sterling, and so there will be ten thousand pounds for three years over and above the establishment ; which thirty thousand pounds sterling, well and profitably issued, will, I trust, with honour to your majesty, and moderate satisfaction of the parties, strike off the whole fourscore thousand pounds Irish which in present presseth so sore upon this crown. Sect. 19, 20, 21, 22. We 19. And then, sir, after that like well the appointing of in Michaelmas term all bene- tuch a committee, and we re- ficial acts for the subject be fer the nomination to yourself, thought of, as many, no few- We have a/so given order to er nor no more, enacted, than tome of our council here, with were fit in honour ami wis- the assistance of our attorney- dom to be granted; if, for general, to consider of the a conclusion to this Parlia- graces, that nothing pass by ment, we could gain from Taw which may prejudice our them other two subsidies, to crown. buy in rents and pensions, to ten thousand pounds yearly value (a thing they are inclinable unto, as is mention'd in my despatch to the lord-treasurer), I judge there were a happy issue of this meeting; and that it shou'd, through God's blessing, appear to the world in a few years you had, without charge, made a more absolute conquest of this na- tion by your wisdom than all your royal progenitors have been able to accomplish by their armies, and vast expensa of treasure and blood. 20. These being the ends, in my poor opinion, which are to be desired and attained, the best means to dispose and fit all concurring causes thereunto are not to be forgotten ; and therefore, as preparatives, I make bold to offer these ensu- ing particulars : 21. It seems to be very convenient a committee be forth- with appointed of some few of us here, to take into consid- eration all the bills intended when there was a Parliament to have been called in the time of my Lord Falkland ; such as shall be judged beneficial, to make them ready ; such as may be of too much prejudice to the crown, to lay them aside ; and to draw up others, which may chance to have been then omitted. This work may be by the committees either quickened or foreslowen, as the Parliament proceeds either warmer or cooler in your majesty's supplies. 22. Next, that your majesty's acts of grace, directed to my Lord Falkland the 24th of May, 1628, may be consid- ered by such of your council in England as shall please your majesty to appoint, there being many matters therein contained which in a law wou'd not futurely so well sort with the power requisite to be upheld in this kingdom, nor yet with your majesty's present profit ; which hath persua- ded me to except against such as I hold best to be silently passed over, and to transmit a paper thereof to my lord- treasurer. Sect. 23. We approve the 23. It is to be feared the reformation of these pressures meaner sort of subjects here and extortions by examples live under the pressures of and by commissions, by our the great men, and there is own authority, but by no a general complaint that of- means to be done by Parlia- ficers exact much larger fees ment. than of. right they ought to do. To help the former, if it be possible, I will find out two or three to make examples of; and to remedy the latter, grant out a commission for examining, regulating, and setting down tables of fees in all your courts, so as they shall find your majesty's good- ness and justice watching and caring for their protection and ease both in private and public respects. Sect. 24. We allow of this 24. I shall endeavour the course. lower House may be so com- posed as that neither the re- cusants, nor yet the Protestants, shall appear considerably more one than the other, holding them as much as may be upon an equal balance, for they will prove thus easier to govern than if either party were absolute. Then wou'd I, in private discourse, show the recusant that, the contribu- tion ending in December next, if your majesty's army were not supply'd some other way before, the twelve pence a Sunday must of necessity be exacted upon them ; and show the Protestant that your majesty must not let go the twenty thousand pounds contribution, nor yet discontent the other in matters of religion, till the army were some way else certainly provided for ; and convince them both that the present quarterly payments are not so burdensome as they pretend them to be, and that by the graces they have had already more benefit than their money came to : thus pois- ing one by the other, which single might perchance prove more unhappy to deal with. Sect. 25. To make' captains 25. I will labour to make and officers burgesses we alto- as many captains and officers gether dislike, because it is burgesses as possibly I can, Jitter they attend their char- who, having immediate de- get at that time. Hake your pendance upon the crown, choice rather by particular may almost sway the business knowledge of men's interests betwixt the two parties which and good affections to our way they please. service. Sect. 26. In the higher 26. In the higher House, House, for the Prelates, we your majesty will have, I have written our special letter trust, the bishops wholly for to the. Primate of Armagh, you. The titular lords, rath- addressing him therein to be er than come over them- directed by yourself. selves, will put their proxies into such safe hands as may be thought of on this side ; and in the rest, your majesty hath such interest, what out of duty to the crown, and ob- noxiousness in themselves, as I do not apprehend much an7 difficulty among them. Sect. 27. For the Peers, 27. To these, or to any- 134 that their proxies may be well disposed, we wou'd have you send with speed the names of those there in whom you re- post special trust. And in case your list cannot be here in time, we will give order that all the proxies be sent to you with blanks to be assigned there. In general, for the better preventing of practices and disorders, you shall suf- BRITISH STATESMEN. thing else directed by your majesty, I will, with all pos- sible diligence, apply myself so soon as I shall understand your pleasure therein, most humbly beseeching you will take it into your gracious memory how much your maj- esty's speedy resolution in this great business imports the prosperity of your affairs in this place, and m that re- fer no meetings during the spect vouchsafe to hasten it setting of the houses, save as much as conveniently may only in public, and for the be. WENTWORTH. service of the houses by ap- pointment, and for no other ends. 1634, April 12. The answers contained in the apostiles are made by his majesty, and by his command- ment set down in this manner. JOHN COKE. A COPY OF THE PAPER CONTAINING THE HEADS OF THE LORD STRAFFORD S LAST SPEECH, WRITTEN BY HIS OWN HAND, AS IT WAS LEFT UPON THE SCAFFOLD. 1. I come to pay the last debt we owe to sin. 2. Rise to righteousness. 3. Die willingly. 4. Forgive all. 5. Submit to what is voted justice, but my intentions in- nocent from subverting, &c. 6. Wishing nothing more than great prosperity to king and people. 7. Acquit the king constrained. 8. Beseech to repent. 9. Strange way to write the beginning of reformation and settlement of a kingdom in blood on themselves. 10. Beseech that demand may rest there. 11. Call not blood on themselves. 12. Die in the faith of the Church. 13. Pray for it, and desire their prayers with me. HURPLR (t BROTHERS. JOHN PYM. 1584-1643. JOHN PYM, the son of a Somersetshire "esquire," was born at Brymore, in his fa- ther's county, in the year 1584. His family, though described by Clarendon as of a "private quality and condition of life,"* were rich and of very old descent ; his mother was afterward Lady Rous ;+ and this boy, the only issue of her first marriage,:): was sent, in the beginning of the year 1599, to Broadgate's Hall, now Pembroke College, Oxford, where he entered as a gentleman commoner. Here he made himself remarkable, not only by quick natural talents, but by a sleepless and unwearied pur- suit of every study he took in hand. Lord Clarendon has indulged a sneer at his " parts," as having been " rather acquired by industry than supplied by nature or adorned by art ;"|| but we have it on the better authority of An- thony a Wood, that Pym's lighter accomplish- ments of literature, no less than his great learning ftnd " pregnant parts," were admired in the University. " Charles Fitz-Geoffry, the poet, styled the said Pym, in 1601, Phabi deli- cice Lepos puclli."^ It is stated in some of the histories that, on leaving Oxford, Pym entered one of the inns of court with a view to the bar ; but it is diffi- cult to find good authority for this.** He was throughout life, however, remarkable for his thorough knowledge of the laws ; and no doubt he studied them, at this time, with the almost certain expectation of being called upon, at no distant day, to serve in Parliament by the side of that great party who had already, by no un- equivocal signs of their power and resolution, startled the misgoverned people into hope. He had certainly, even thus early, attracted the attention of the great Whig nobleman of the day, the Earl of Bedford ; and to his influ- ence, it is probable, he owed that appointment to a responsible office in the Exchequer, in which, according to Lord Clarendon, many af- ter years of his youth were passed, and where, it is to be supposed, he acquired the knowledge and habits of business, and great financial skill, which, scarcely less than his genius for popular government, distinguished him through the long course of his public life. In the Parliamentary returns of the year 1614, the name of " John Pym" is to be found as member for the borough of Calne.ft These were the returns of that "addle" Parliament * Clarendon's Hist., vol. iv. (Oxford ed. of 1826), p. 437. t See the dedication to the sermon delivered at the fu- neral of this lady, among the pamphlets at the British Mu- seum. t The dedication in the sermon I have just referred to evidently restricts her issue by Mr. Pym to the great sub- ject of this memoir. It will probably be in the reader's recollection that a servant of Bacon's subsequently said very distinctly, that his lord was absolutely prohibited by the king from making his defence. This may be questioned ; but can it be ques- tioned that, had Basan not been restrained either by a pos- itive command of James, or, at least, by a knowledge of what must be the royal wish, he might have palliated his offence in a very great degree ? Many of the alleged bribes were, in reality, the customary compliments to chancellors ; and of the worst of his delinquencies Buckingham was the sole instigator the great cause and origin, as any one who reads the now published correspondence of Bacon and Buck- ingham will see to be established beyond a doubt. To this, indeed, Lord Bacon alludes, in this memorial of ac- cess to the king in 1622. " Of my offences, far be it from me to say, Dat veniam corvis, vexat censura columbas, hut I will say that I have good warrant, for ' they were not the greatest offenders in Israel on whoa the wall of Shilo fell.' " JOHN PYM. 139 I may be frail, and partake of the abuses of the times." It was with this feeling the manly and earnest mind of Jonson contemplated Ba- con's fall ; for he had celebrated his prosperity, and would not shrink from him in his years of adversity and sorrow. " My conceit of his per- son was never increased towards him by his place or honours ; but I have and do reverence him for the greatness that was only proper to himself, in that he seemed to me ever, by his words, one of the greatest men, and most wor- thy of admiration, that had been in many ages. In his adversity, I ever prayed that God would give him strength, for greatness he could not want. Neither could I condole in a word or syllable for him, as knowing no accident could do harm to virtue, but rather help to make it manifest," Strengthened by the great good they had al- ready achieved, Pym and the other leaders of the country party in this famous Parliament now addressed themselves to subjects which, while they deeply interested the religious feelings of the people, involved, as they well knew, some of the most dearly-cherished prejudices of the king. A war for the recovery of the Protest- ant cause in the Palatinate ; some repeal of the indulgence granted to Catholics in the non- execution of the penal laws ; destruction of those treaties that had been concluded with the King of Spain and the Emperor, to the heavy discouragement, as it was generally felt, of Protestantism ; and, finally, arrest of the ne- gotiations now carrying on for the marriage of the Prince of Wales with the Spanish Infanta : these questions day by day gathered formida- ble influence in the House, and at last, in the utter absence of any signs of immediate sup- ply, effectually alarmed James. He lost tem- per and patience, and, suddenly dropping the mask he had worn so ill, sent an intimation to the House of Commons that he expected them to adjourn over the summer. This was re- ceived with extreme dissatisfaction ; much an- gry parleying followed ; but after some days' delay both houses were adjourned by royal com- mission. The Commons, however, before sep- arating, voted a solemn declaration of their re- solve to spend their lives and fortunes in de- fence of the Protestant cause* (the reader will keep in view what has been already urgedt re- specting the inseparable connexion of this cause in that day with civil freedom) ; and this dec- laration was " sounded forth," says a person who was present, " with the voices of them all, withal lifting up their hats in their hands so high as they could hold them, as a visible tes- timony of their unanimous consent, in such sort that the like had scarce ever been seen in Par- liament." A recess of five months followed, in the course of which the whole Church was thrown into confusion, and the king's theology suffered a great eclipse. The cause is worth adverting to, in illustration of the personal positions of the dignitaries of the Church ; for it was against this class of men, according to Lord Clarendon, that Pym first showed himself " concerned and passionate, "t * Parl. Hist., vol. v., p. 472, 473. t See Life of Eliot, p. 6. t Hist, of RebeL, vol. iv., p. 437, The good, easy Archbishop Abbot happened to have joined the Lord Zouch on a hunting- party at Bramzhill Park, in Hampshire. Here his grace, having singled out a buck one morn- ing, " and warned the company to be on their guard," took his aim, and, as the accounts say, " through mistake or want of skill," shot the keep- er of the park, who was passing over the ground on horseback. A verdict of unintentional hom- icide was returned ; but the opportunity was too happy to be lost, wherefore a pack of his grace's reverend opponents set in full cry after him, urging that by the canon law he had be- come incapable of holding any ecclesiastical preferment, or exercising any ecclesiastical function. His leading opponents were no less than four bishops elect, all of whom, under the circumstances, refused to receive consecration at his hands, and took their stand, very pathet- ically, upon impassable scruples of conscience, to which it would, of course, be a gross insult to suggest that, with two at least of these four reverend men, the hope of succeeding to the dignity of the disabled archbishop must have been strongly present. It was, in fact, notori- ous, that Williams and Laud* entertained this hope. The sober and religious people of Eng- land were, meanwhile, attentively listening, and from the high places in Church and State no- thing was to be heard but an agitation of the momentous question of whether the amuse- ments of hunting and shooting wore allowable in a bishop. James suffered all the throes of the strongest theological conceptions, but brought nothing forth. In despair of his own delivery, he at last appointed a commission of prelates and canonists : they could not agree ; but, by way of a compromise, the majority proposed that Abbot should be absolved from all irregu- larity ad majorem ca.utda.rn. An agonizing ques- tion followed : Where was the ecclesiastical superior to absolve the metropolitan 1 A brill- iant thought at last relieved the unprecedented difficulty. It was suggested that the king, as head of the Church, possessed exactly that plenitude of power which in Roman Catholic countries resided in the pope. Whereupon James issued his triumphant commands to the eight consecrated bishops, and Abbot was par- doned forthwith, upon the issue of a solemn declaration from the conclave that " the hunting aforesaid was decent, modest, andpeaceable."t Laud had a quarrel of twenty years' standing- with Ab- jot, who had, on several occasions, at Oxford, opposed and censured him on account of the Roman Catholic tendencies of doctrines maintained by him in his academical exercises, t This will probably be pronounced to have been, upon, ;he whole, a wise as well as important decision, and is cer- tainly not without even present application to affairs of this sort. There is a kind of hunting nowadays indulged occa- sionally by clergymen and archdeacons which is anything jut decent and peaceable. Buck-shooting, even at the oc- casional risk of an accidental loss of life, as in his grace of Canterbury's case, is in reality nothing to it. It may be ery much the fashion, therefore, when we see a minister jf the Gospel partridge-shooting or fox-hunting, to pull forth our Bibles, and make a parade of our acquaintance with Paul and Timothy ; but the propriety of the practice is really more than doubtful, since the consequences may be such as to put society under serious disobligation to the rash hinderer of clerical pastimes. A pheasaHt is more al- owable game than a peasant. When Domitian left off fly- tilling, he took to killing Roman citizens ; and our times lave witnessed less innocent amusements, on the part of the clergy, than the sports of the field. As for the silence of Holy Writ about detonators, it is not more silent about detonators than about lawn sleeves and mitres ; and, be- 140 BRITISH STATESMEN. The Parliament assembled in November, and in some anger at the imprisonment of one of their members, Sir Edwin Sandys,* during the recess. Some few days after their meet- ing, Pvm seconded Sir Edward Coke in mo- ving, as one of their first resolutions, that they should remonstrate with the king on the caus- es of the public discontent then prevailing, and point out the remedies. A petition was ac- cordingly prepared, suggesting, among other things, Prince Charles's marriage with a Prot- estant ; and that the king should direct his ef- forts against that power (Spain) which first maintained the war against the Protestant cause in the Palatinate. t This petition was opposed by the court party as utterly without precedent ; the chancellor of the duchy said that " it was of so high and transcendent a na- ture, he had never known the like within those walls." Privately, meanwhile, a copy of it had been sent to the king, on whom it took sudden and desperate effect. Calvert and Weston, according to Wilson, " had aggravated the matter to him, with all the acrimony they could, so far as to reflect upon particular per- sons that were the most active instruments in it."J Foremost among the persons so named were Pym, Coke, and Philips. Accordingly, from Newmarket, whither he had gone at the sides, if it says nothing for them, it certainly says nothing against. " If you must drink," says the ordinary of New- gate to Mr. Jonathan Wild, " if you must drink, let us have a bowl of punch ; a liquor I the rather prefer, as it is no- where spoken against in Scripture." The same reason holds for an archbishop's or archdeacon's dog and gun, with precisely the same force. * Sandys had been placed under arrest with Selden, not then a member of the House ; also Lords Oxford and South- ampton, Sutcliff, dean of Exeter, the Bishop of Bangor, Sir Christopher Neville, Sir G. Leeds, and Brise, a Puritan minister ; after examination before the council, and a short confinement, they were restored to liberty. See Camden's Annals of James, 1621. Kennel's History, vol. ii., p. 657. Their offences are not assigned, but it would seem they had indulged in talking " arcana imperil'' against a royal proclamation. Secretary Calvert was commissioned by the king to declare that Sandys, the only member committed, had not been committed for any Parliamentary matter, and Sir Thomas Wentworth even discountenanced the resent- ing it as a breach of privilege. But it is difficult to doubt the cause of Sandys' commitment. See Debates and Journals. t See Rushworth, vol. i., p. 40. This remonstrance, it has been truly said, was fitted to disconcert all the projects of James : it penetrated without reserve into the deepest recesses of those arcana imperil which he held so dear and BO sacred ; it proclaimed the futility of those negotiations in which he had exposed himself to become the dupe of Spain and the laughing-stock of Europe ; it warned him that his arbitrary suspension of laws would be no longer borne with ; it taught him that the darling project of alli- ance which had prompted all these sacrifices of dignity and principle was contemplated with abhorrence ; and, above all, that the purses of the English people would never be opened to him but in the cause of Protestantism and the liberties of Germany against the great Catholic league, the emperor, and especially the King of Spain. The following passage closed the petition : " This is the sum and effect of our humble declaration, which we (noways intending to press upon your majesty's undoubted and regal prerogative) do with the fulness of our duty and allegiance humbly sub- mit to your most princely consideration : the glory of God, whose cause it is ; the zeal of our true religion, to which we have been born, and wherein, by God's grace, we are resolved to die ; the safety of your majesty's person, who is the very life of your people ; the happiness of your chil- dren and posterity, the honour and good of the Church and State, dearer unto us than our own lives having kin- dled these affections, truly devoted to your majesty." The words in italics were not in the petition as first proposed to the House, but were inserted in the course of the debate on it to meet some scruples of the time. See Journals. Parl. Hist., vol. v., p. 489, and Aikin's James, vol. ii., p. 275-7. J See Wilson, in Kennel's History, vol. ii., p. 740. time, " to be farther from the sound of that noise of the discontent of the Commons," James instantly despatched a letter to the speaker complaining of the influence possessed by some certain* " fiery, popular, and turbu- lent spirits" in the lower House, forbidding them to inquire into the mysteries of state, or to concern themselves about the marriage of his son, or to touch the character of any prince, his friend or ally, or to intermeddle with caus- es which were submitted to the decision of the courts of law, or even to send to him their pe- tition, if they wished him to hear or answer it ; and, finally, to recollect that he (King James) thought himself " very free and able to punish any man's misdemeanours in Parliament as well during their sitting as after, which we mean not to spare hereafter, upon any occasion of any man's insolent behaviour there that shall be ministered unto us ; and if they have already touched any of these points which we have forbidden in any petition of theirs which is to be sent unto us, it is our pleasure that you shall tell them that, except they reform it before it come to our hands, we will not deign the hearing nor answering of it."t From the date of this letter the 3d of De- cember, 1621 may be dated the commence- ment of the kind of open warfare of antagonist principles which ended in the destruction of the Stuart race. The historian Hume con- fesses that it was " rash and indiscreet" in the king thus to risk the " tearing off that sacred veil which had hitherto covered the English Constitution, and which threw an obscurity upon it so advantageous to royal prerogative : every man began to indulge himself in political reasonings and inquiries ; and the same fac- tions which commenced in Parliament, were propagated through the nation. "t Would the philosopher have thought James rash and in- discreet if his letter had proved successful 1 The truth was, that, backed by all the power of the executive, and with all the prisons of the Tower at his command, James's venture was perfectly in accordance with Hume's princi- ples. He had, however, miscalculated the characters of the men opposed to him, the great majority of whom were already, for life or death, devoted to the achievement of a pop- ular and responsible government in England. In the spirit of men so leagued their reply to this letter was framed. The greatest respect tempered the most resolute firmness. Some abstract of this document will find a fitting place here, since Pym was one of the most ac- tive members^ of the committee appointed to draw it up, and it is, besides, of the last im- portance that the reader should distinctly un- derstand the exact ground that was occupied by the opposing parties in this, the first open * The following, which stands upon the journals imme- diately after the king's letter, is an evidence of Pyin's quick resolution and high courage: " Mr. Pym saith that the words of ' fiery, popular, and turbulent' are laid by his maj- esty on the whole House ; for since we have not punished or questioned any such, but (as the letter saith) been led by their propositions, it is the acl of the whole House. He desireth a petition may be from us to the king, to know who his majesty hath been informed those fiery, turbulent spirits are, that we may justify ourselves, and clear the House of the taint of those words." t Parl. Hist., vol. v., p. 492. Roger Coke's Declaration, vol. i., p. 119, ed. 1694. t Hist., vol. v., p. 82, quarto ed. I) See Journals. JOHN PYM. 141 contest between the English Parliament and the English king. They began by professing their sorrow at the displeasure shown by his majesty's letter to the speaker, while they took comfort to them- selves in the assurance of his grace and good- ness, and of their own faithfulness and loyal- ty. They entreated that their good intentions might " not undeservedly suffer by the misin- formation of partial and uncertain reports, which are ever unfaithful intelligencers," but that his majesty would vouchsafe to under- stand from themselves, and not from others, what their humble petition and declaration, re- solved upon by the universal voice of the House, did contain. They beseeched, also, that his majesty would not henceforth give credit to private reports against all or any of the members of that House, on whom they themselves should not have inflicted a cen- sure, but that they might ever " stand upright" in his royal judgment. Adverting, then, to the cause of their assembling in Parliament, and to the particulars of information laid before them by his majesty's command, they inferred that they " were called to a war," and certain- ly with the King of Spain, who had five armies on foot, and who was known to have occupied the lower Palatinate ; and hence they took credit for the unprecedented celerity and alac- rity with which their zeal for his majesty and his posterity had prompted them to proceed in voting the necessary supplies, and considering of the mode of conducting hostilities. To this they added, that although they could not con- ceive that the honour and safety of his majes- ty and his posterity ; the patrimony of his chil- dren, invaded and possessed by their enemies ; the welfare of religion and the state of the kingdom, were matters at any time unfit for their deepest consideration in time of Parlia- ment, yet that, at this time, they were clearly invited to it ; and that the mention of Popish recusants, and whatever said touching the hon- our of the King of Spain in which, however, they contended that they had observed due bounds had necessarily arisen out of the sub- ject. Next they disclaimed all intention of in- vading his majesty's undoubted prerogative in disposing of his son in marriage, but mairitain- ed that, as the representatives of the whole commons of England, who have a large inter- est in the prosperity of the king and royal fam- ily, and of the State and Commonwealth, it be- came them to offer their opinion respecting this matter. On these considerations, they hoped that his majesty would now be pleased to re- ceive their petition and declaration at the hands of their messengers, to read and favour- ably to interpret it, and to give answer to as much of it as relates to Popish priests and recusants, to the passing of bills, and to par- dons. The declaration ended thus : " And whereas your majesty doth seem to abiidgr. us of the ancient liberty of Parliament for free- dom of speech, jurisdiction, and just liberty of the House, and other proceedings there (where- in we trust in God we shall never trangress the bounds of loyal and dutiful subjects) ; a liberty which we assure ourselves so wise and so just a king will not infringe, the same being our ancient and undoubted right, and an inherit- ance received from our ancestors ; without which we cannot freely debate, nor clearly dis- cern of things in question before us, nor truly inform your majesty ; in which we have been confirmed by your majesty's most gracious for- mer speeches and messages : we are, there- fore, now again enforced, in all humbleness, to pray your majesty to allow the same, and thereby to take away the doubts and scruples your majesty's late letter to our speaker hath wrought upon us."* This declaration, with the original petition, was carried to the king at Newmarket by Pym and eleven other members deputed by the House. " Chairs !" cried the king, as they en- tered the presence chamber ; " chairs ! here be twal' kynges comin' !" In the interview which followed he refused to receive the ori- ginal petition ; and, as Roger Coke expresses it, after reading the second declaration, " furled all his sails, and resolved to ride out this storm of the Commons." In other words, he set to work, and endited, with his own hand, an enor- mously long rejoinder, which may be thus trans- lated and abridged from the rich Scotch dialectt of the original. He began by applying to the case some words of Queen Elizabeth, addressed to an insolent ambassador : " We looked for an ambassador we have received a herald." So, he assert- ed, he had looked for thanksgiving from the Commons for all the " points of grace" he had conceded to them. " But not only," he con- tinues, " have we heard no news of all this, but contrary, great complaints of the danger of religion within this kingdom, tacitly implying our ill-government in this point. And we leave you to judge whether it be your duties, that are the representative body of our people, so to distaste them with our government ; whereas, by the contrary, it is your duty, with all your endeavours, to kindle more and more a dutiful and thankful love in the people's hearts towards us, for our just and gracious govern- ment." In respect to their taxing him with trusting uncertain reports and partial informa- tions, he proceeded thus : " We wish you to remember that we are an old and experien- ced king, needing no such lessons, being in our conscience freest of any king alive from hearing or trusting idle reports ;" and as to their petition in particular, he went on to say, that he had made their own messengers com- pare the copy of it which they brought with that which he had received before, which corre- sponded exactly, excepting a concluding sen- tence added by them afterward. Having thus satisfied himself with a reason which did not even glance at the gross breach of privilege complained of, he next told them, that if, in ig- norance of the contents of their petition, he had received it, to his own great dishonour, he could have returned nothing to their messen- gers but that he judged it unlawful and unwor- thy of an answer. ' For," he observes, " as to your conclusion thereof, it is nothing but pro- testatio contraria facto ; for in the body of your petition you usurp upon our prerogative royal, and meddle with things far above your reach, * Rushworth, vol. i., p. 46. Parl. Hist., rol. v., p. 495. Aikin's James the First, vol..ii., p. 282, 284. t Roger Coke, vol. i., p. 121. 142 BRITISH STATESMEN. and then, in the conclusion, you protest the contrary ; as if a robber would take a man's purse, and then protest he meant not to rob him." He denied that the communications made by him to the House could in any manner authorize their proceedings. He had, indeed, made known that he was resolved by war to re- gain the Palatinate, if otherwise he could not ; and had invited them to advise upon a supply for keeping the forces there from disbanding, and raising an army in the spring. "Now what inference," he continues, " can be made upon this, that therefore we must presently denounce war against the King of Spain, break our dearest son's match, and match him to one of our religion, let the world judge. The dif- ference is no greater than if we would tell a merchant that we had great need to borrow money from him for raising an army ; that thereupon it would follow that we were hound to follow his advice in the direction of the war, and all things depending thereupon. But yet, not contenting yourselves with this excuse of yours, which indeed cannot hold water, you come after to a direct contradiction, saying that the honour and safety of us and our pos- terity, the patrimony of our children, invaded and possessed by their enemies, and the wel- fare of religion and state of our kingdom, are matters at any time not unfit for your deepest considerations in Parliament. To this gener- ality we answer, with the logicians, that where all things are contained nothing is omitted. So this plenipotency of yours invests you with all power upon earth, lacking nothing hut the Pope's, to have the keys, also, both of heaven and purgatory. And to this vast generality of yours we can give no other answer, for it will trouble all the best lawyers in the House to make a good commentary upon it. For so did the Puritan ministers in Scotland bring all kind of causes within the compass of their ju- risdiction, saying that it was the Church's of- fice to judge of slander, and there could be no kind of crime or fault committed but there was a slander in it, either against God, the king, or their neighbour : or like Bellarmine's distinc- tion of the Pope's power over kings, in ordine ad spiritualia, whereby he gives them all tem- poral jurisdiction over them." With respect to the war, he then professed in general terms that he would suffer no consideration, not even the marriage of his son, to interfere with the restitution of the Palatinate ; and boasted that by his intervention with the King of Spain and the archduchess in Flanders, he had already preserved it from farther conquest for a whole year. " But," he added, " because we conceive that ye couple this war of the Palatinate with the cause of religion, we must a little unfold your eyes therein." And he proceeded, in de- fiance of all historic truth, to lay the whole blame of the war of Bohemia, and the conse- quent oppression of the Protestants in Germa- ny, on the ambition of his son-in-law, and his unj ust usurpation of the crown of another. He severely reprimanded the Parliament, next, for the terms in which the King of Spain and his inordinate ambition were spoken of in their pe- tition, not to allude to " the particular ejacula- tions of some foul-mouthed orators in your house against the honour of that king's crown and state." Respecting the prince's marriage, he professed himself indignant that the House should not place so much confidence in his re- ligion and wisdom as to rely on his former dec- laration, that religion should receive no injury by it ; and then informed them that he was al- ready too much advanced in the treaty to re- tract with honour. After much more objurga- tory language respecting what he treats as their unpardonable presumption, quoting the proverb, Ne sutor ultra crepidam, he conde- scends ungraciously enough, but yet out of a sort of ungainly desire of seeming to conciliate to explain away, in some degree, his general prohibition of their meddling with matters of government and mysteries of state, accusing them, at the same time, of misplacing and mis- judging his sentences, as " a scholar would be ashamed so to misplace and misjudge any sen- tences in another man's book." With the fol- lowing very startling passage he at last con- cludes : " And although we cannot allow of the style, calling it your ancient and undoubted right and inheritance, but could rather have wished that ye had said that your privileges were derived from the grace and permission of our ancestors and us (for most of them grow from precedents, which shows rather a tolera- tion than inheritance), yet we are pleased to give you our royal assurance that, as long as you contain yourselves within the limits of your duty, we will be as careful to maintain and preserve your lawful liberties and privile- ges as ever any of our predecessors were nay, as to preserve our own royal prerogative ; so as your house shall only have need to be- ware to trench upon the prerogative of the crown, which would enforce us, or any just king, to retrench them of their privileges that would pare his prerogative and flowers of the crown. But of this we hope there never shall be cause given."* This letter had not been long despatched, when symptoms of alarm broke out at the court. Williams recommended the qualifica- tion of its terms " with some mild and noble exposition ;"t and the king prepared to adopt this suggestion, after he was told that the Commons, on receiving his letter, had on the instant appointed a committee to prepare a pro- test. Secretary Calvert accordingly went down to the House with an explanatory message from the king, wherein, while he reiterated his assurances respecting their privileges, and tacitly withdrew the menace that rendered them precarious, he said that he could not with patience endure his subjects to use such anti- monarchical words to him concerning their lib- erties as " ancient and undoubted right and in- heritance," without subjoining that they were granted by the grace and favour of his prede- cessors. The house heard this coldly. Cal- vert and the other ministers, seeing the coming storm, made a still more desperate effort to avert it by admitting the king's closing expres- sions in the original letter to be incapable of defence, and calling them a slip of the pen at the close of a long answer.}: This availed as c o te ngs etter. See Hallam's Const. Hist., vol. ii., p. 500. JOHN PYM. 143 little as the former. The last and worst expe- dient was then resorted to, and the clerk of the House received notice of instant adjournment till the ensuing February. In this extremity the leaders of this great Parliament acquitted themselves with memo- rable courage. Nothing, they said, should sep- arate them till they had placed on record a pro- test against the monstrous pretensions of James. The time that remained to them was indeed short, but they proved it long enough for the accomplishment of an act which exert- ed a sensible influence on the contest between the people and the king up to its very close. All that was done in the most celebrated Par- liaments of Charles followed, as a natural con- sequence, from what was done now. Instantly upon the receipt of this notice of adjournment, a message was sent to the com- mittee to whom the king's letter had been re- ferred ; some time passed in debate meanwhile, and it was not, as it would seem by the king's subsequent proclamation,* until " six o'clock at night, by candle-light," a thing unprecedented in those days, " that the said committee brought into the House a protestation (to whom made appears not) concerning their liberties." This assertion of ignorance on the king's part, as to whom the protestation was made, emphatical- ly points out the nobler quarter to which it ad- dressed itself the great mass of the English people. To them it was made, and, sinking into their hearts, met with a fruitful and con- genial soil. After a long and earnest debate, advancing to a very late hour, the protestation was entered " as of record" upon the journals in the following ever-memorable words : "The Commons now assembled in Parlia- ment, being justly occasioned thereunto, con- cerning sundry liberties, franchises, and privi- leges of Parliament, do make this protestation following : That the liberties, franchises, privi- leges, and jurisdictions of Parliament are the ancient and undoubted birthright and inherit- ance of the people of England : and that the arduous and urgent affairs concerning the king, state, and defence of the realm, and of the Church of England, and the maintenance and making of laws, and redress of mischiefs and grievances which daily happen within this realm, are proper subjects and matter of coun- cil and debate in Parliament : and that in the handling and proceeding of those businesses, every member of the House of Parliament hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring to con- clusion the same : and that the Commons in Parliament have like liberty and freedom to treat of these matters in such order as in their judgments shall seem fittest : and that every member of the said House hath like freedom from all impeachment, imprisonment, and mo- lestation (other than by censure of the House itself) for or concerning any speaking, or rea- soning, or declaring of any matter or matters touching the Parliament, or Parliament busi- ness : and that if any of the said members be complained of and questioned for anything done or said in Parliament, the same is to be show- * See Parl. Hist., vol. v., p. 514-16. Memorial of the King's Reasons for destroying the Protestation of the Com- mons. ed to the king by the advice and assent of all the Commons assembled in Parliament, before the king give credence to any private informa- tion."* No time was lost by the courtiers, it may be supposed, in communicating intelligence of this act to the king, who instantly, frantic with spite and outraged imbecility, hurried up to London from Newmarket, hastily assembled around him at Whitehall the privy council and six of the judges who happened to be in town, sent for the clerk of the House of Commons, and commanding him to produce his journal- book, tore out the protestation with his own hand, and ordered the deed to be registered by an act of council. His next exploit was to dis- solve the Parliament.t This he did by procla- mation, assigning as the necessity which had driven him to it, the " inordinate liberty" as- sumed by some " particular members of the House" " evil-tempered spirits" who sowed tares among the corn."! Finally, he summoned these " evil-tempered spirits" before the coun- cil-table in the persons of Coke, Philips, Pym, and Mallory, and, having in vain endeavoured to exact submission from them, committed them to separate prisons. I have found, and will here quote, a curious letter in illustration of the nature of these im- prisonments, which have been sometimes spo- ken of by writers of the court party as though they spoke of matters comparatively trifling a sort of temporary detention or honourable arrest. What follows will show the full ex- tent of the dangers to which men of high birth and fortune were now content to expose them- selves, in the hope, by such means, of still more quickening the sympathies and strength- ening the purposes of the mass of the common people. It describes the capture and impris- onment of Sir Robert Philips, Pym's intimate friend on the occasion now in question ; and describes, also, there can be little doubt, the course adopted, at the same time and for the same reason, towards Pym himself. It is in the shape of a petition from Francis Philips to King James, praying for the release of his brother, Sir Robert. >' It is not for myself," he writes, " I thus implore your majesty's grace, but for one that is far more worthy, and in whom all that I am consists my dear brother ; who, I know not by what misfortune, hath fallen, or rather been pushed, into your majesty's displeasure ; not in dark and crooked ways, as corrupt and ill-af- fected subjects use to walk, and neer to break their necks in, but even in the great road, which both himself and all good Englishmen that know not the paths of the court, would have sworn would have led most safely and * Rushworth, vol., i., p. 53. t A ludicrous anecdote of what very ominously befell the king on the same day is given in a manuscript letter of ths time. "The Parliament was, on Wednesday, cleane dis- solved by proclamation. The same day his ma>e rode by :oach to Theobald's to dinner, not intending, as the speech is, to returne till towards Easter. After dinner, ryding on horseback abroad, his horse stumbled and cast his majestic into the New River, where the ice brake: he fell in, so that nothing but his boots were scene. Sir Richard Yong was next, who alighted, went into the water, and lifted him out. There came much water out of his mouth and tmdie ; his majestie rode back to Theobald's, went into a warme bed, and, as we heare, is well, which God continue." Harl. MSS., 389. t Rushworth, vol. i., p. 55. BRITISH STATESMEN. most directly to your majesty's service from your majesty's displeasure. There needs no other invention to crusifie a generous and hon- est-minded suppliant, upon whom hath issued and been derived a whole torrent of exemplary punishment, wherein his reputation, his person, and his estate grievously suffered ; for, having (upon the last process of Parliament) retired him- self to his poor house in the countrey, with hope a ichilc to breathe after these troublesome affairs, and still breathing nothing- but your majesty's ser- vice, he was sent for, ere he had finished his Christ- mas, by a sergeant at arms, who arrested him in his men house, with as much terror as belongs to the apprehending of treason itself; but (thanks be to God) his conscience never started, and his obedience herein showed it was not in the power of any authority to surprise it ; for at the instant, without asking one minute's time of reso- lution, he rendered himself to the officer's discretion, who (according to his directions) brought him up captive, and presented hirn at the council- table as a delinquent, from whence he was as soon committed to the Tower, where he ever since hath been kept close prisoner, and that with so strict a hand, as his own beloved wife and my- self, having some time since urgent and unfeigned occasion to speak with him about some private bu- siness of his family, and hereupon making hum- ble petition to the lords of your majesty's most honourable privy council for the favour of ac- cess, we were, to our great discomforts, denied it; by reason, as their lordships were pleased to declare unto us, that he had not satisfied your majesty fully in some points, which is so far from being his fault, as, I dare say, it is the greatest part of his affliction, that he sees him- self debarred from the means of doing it. The lords commissioners that were appointed by your majesty to examine his offence, since the first week of his imprisonment have not done him the honour to be with him, by which means not only his body, but (the most part of his mind) his humble intentions to your majesty, are kept in restraint. May it please, therefore, your most excellent majesty, now at length, af- ter five months' imprisonment and extreme durance, to ordain such expedition in this cause as may stand with your justice, and yet not avert Jfcur mercy either of them will serve our turns but that which is most agreeable to your royal and gracious inclination will best accomplish our desire. To live still in close prison is all one as to be buried alive ; and for a man that hath any hope of salvation, it were better to pray for the day of judgment than to lie languishing in such wa- king misery ; yet not ours, but your majesty's will be done." A subsequent passage of the petition runs thus : " If (I say) it be not yet time to have mercy, but that he must still remain within the walls of bondage to expiate that which he did in these privileged ones, my hope is that he will die at any time for your majesty's service, and will find patience to live anywhere for your majesty's pleasure ; only thus much let me be- seech your majesty's grace, again and again, not to deny your humble and most obedient suppliant, that you will, at least, be pleased to mitigate the rigour of his sufferings so far as to grant him the liberty of the Tower, that he may no longer groan under the burthen of those in- commodities which daily prejudice his health and fortune in a higher degree (I believe) than either your majesty knows or intends." No answer was returned by the king ; and under this kind of restraint Pym and his friends were all, with one exception,* kept close pris- oners, t until, as Roger Coke states, the break- ing of the Spanish match necessitated the king to call another Parliament. Such sufferings, however, while they excite all the sympathies of the heart and mind, are much too high for pity. " I had rather," said Pymt on more than one occasion, " I had rather suffer for speak- ing the truth, than that the truth should suffer for want of my speaking." The prisons of such men are the sanctuaries of philosophy and patriotism. The last Parliament of James was summon- ed, and Pym, having obtained his release, again sat for Calne. The proceedings of this Parlia- ment have been followed so minutely in the biography of Eliot, that it is not necessary to say more here than that Pym's exertions, du- ring its continuance, were chiefly employed upon the declaratory statute against monopo- lies, and against the delinquencies of the Lord- treasurer Middlesex. James died, and Charles ascended the throne. The precise condition of affairs at this junc- ture has been already placed before the read- er ;|| and it will be only necessary to remind him, that the bitter distrust awakened in the English people towards their young king by the Earl of Bristol's exposure of the circumstan- ces attending the breach of the Spanish trea- ties at the close of the reign of James, was ag- gravated by ostentatious and ill-timed indul- gences granted to the professors of the Roman Catholic religion immediately upon Charles's accession. Under the influence of these feel- ings, the first Parliament of the new reign met, when Pym took his seat, for the first time, as member for the borough of Tavistock, in Dev- onshire, which he represented in all succeed- ing Parliaments till his death. The first matter we find him engaged in heref was the case of the king's chaplain, Doc- * This exception was in the case of Selden, who, though not a member of the Parliament, had been consulted by it, and given very decisive opinions respecting questions of privilege. He was released in consequence of the earnest intercession of the subtle Lord-keeper Williams, an extract from whose letter on this subject, addressed to Bucking- ham, supplies us with one or two curious hints of character. " Now," says our artful bishop, " poor Mr. Selden petitions your lordship's mediation and favour. He and the world take knowledge of that favour your lordship hath ever af- forded my motions ; and myself, without the motion of any ; and so draweth me along to entreat for him, the which I do the more boldly, because, by his letter enclosed, he hath absolutely denied that ever he gave the least approbation of that power of judicature lately usurped by the House of Commons. My lord, the man hath excellent parts, which may be diverted from an affectation of applause of idle peo- ple to do some good and useful service to his majesty. He is but young, and it is the first offence that ever he commit- ted against the king. I presume, therefore, to leave him to your lordship's mercy and charity." Hacket's Scrinia Reserata, part i., p. 69. Doctor Racket proceeds, after giv- ing this letter, in his characteristic style : " These soft words mollified anger, and Mr. Selden was released by the next pacquet that came from the court in progress." t Detection, vol. i., p. 130. t See speech on the journals of the lust Parliament of James ; also on the 17th March, 1641. I) P. 6, 9. II Life of Eliot, p. 9, 10. T I should mention, also, that Pym was a very active member of the celebrated committee known by the name ot its chairman, Mr. Sergeant Glanville. This was that grand JOHN PYM. 145 tor Montague, which may be very briefly ex- plained. The then inseparable connexion, in the minds of the English people, between Po- pery and despotism, has been very frequently touched on. The effect of the Reformation the sense of emancipated intellect which had naturally flowed from it had been such as to imbue men's minds generally with the deepest sense of the paramount importance of a pure system of religious ethics in matters of politi- cal government. This sense struck still more deeply into the heart of England, when in ev- ery quarter of the Continent the Romish cause appeared as the cause of the oppressor, while the Protestant was that of the oppressed ; and nowhere was a struggle for good government to be seen, that had not instantly arrayed against it all the powers and influences of the Roman Catholic Church. If anything was wanting to strengthen a consequent necessity, on the part of the men who now enjoyed the confidence of the great masses of the people, of a bitter opposition to the doctrines of Po- pery, it was furnished by the conduct of those High Church court divines who were known to be most favourable to the despotic system in politics. They made every effort to intro- duce, under the cover of the Arminian tenets, a sort of bastard Popery into the Church of England. Their design was plainly to secure a safe retreat for absolute monarchy under a timely alliance of prerogative with priestcraft and Church power. Foremost in support of this design was Mon- tague, one of the king's chaplains ; and upon this divine Pym fastened with inveterate pur- pose. He had republished, on Charles's ac- cession, a book which Archbishop Abbot had censured, at the request of the House of Com- mons, in the preceding year. Encouraged by Laud, he composed also a defence of this book, called it an appeal to Caesar, and inscribed it to Charles. Here he asserted the Romish Church to be a true church, resting on the same authority and foundation as the English, and differing from it only in some points of lesser importance ; defended the use of ima- ges ; affirmed that the saints had knowledge and memory of human things, and exercised peculiar patronage over certain places and per- sons ; maintained the real presence ; numbered ordination among the sacraments ; and ap- proved confession and absolution, and the use of the sign of the cross. In the same work, as a contrast to all this, much bitterness was indulged against the Puritans ; lecturing and preaching were decried ; even the reading of the Scriptures was alluded to with a sneer ; and, finally, by way of gratifying the despotic propensities of the king, a prerogative was claimed for him, founded on divine right, and paramount to the English laws.* Pym was the author of the report upon this book presented to the House of Commons. committee of privileges, whose report is still referred to as an eminent achievement of " Parliamentary reform." Ad- vancing from their decisions on certain contested returns, they drew out a general outline and system of the legal right of voting, and issued new writs to several places, to three Buckinghamshire boroughs among them, where the custom of returning members had fallen into disuse. Hamp- den was also an active member of this famous committee. * See Montague's works, entitled " A new Gag for an old Goose," and "Appello Caesareiu." Montague was ordered immediately after into the custody of the sergeant at arms, and brought, for submission, before the bar of the House. A vehement intercession was then made for him by Laud, who so far betrayed himself, in a letter to the Duke of Buckingham, as to declare that it was impossible to con- ceive how any civil government could be sup- ported, if the contrary of Montague's doctrines were to be maintained ; and urged him to en- gage the king to reclaim to himself the judg- ment of the cause, as a branch of his preroga- tive.* Upon this Charles interfered, but with no other effect than to expose himself still more to the distrust of his people. Notwith- standing his request that, since Montague was his servant, the punishment might be referred to himself, the prisoner was obliged to give bail for his appearance before the House when called on, in the sum of 2000. After the first ill-advised dissolution, and on the eve of the issue of writs for Charles's sec- ond Parliament, Rushworth tells us that " Bish- op Laud procured the Duke of Buckingham to sound the king concerning the cause, books, and tenets of Doctor Richard Montague ; and understanding by what the duke collected that the king had determined within himself to leave him to a tryal in Parliament, he said, ' / seem to see a cloud arising and threatening the Church of England : God for his mercy dissipate it /' "t But this Parliament, guided by the energy and intellect of Eliot, had higher game in hand ; and Pym found himself, some few days after its assembling, appointed one of the secret man- agers of an impeachment against the Duke of Buckingham. This impeachment has been al- ready described at some length,t but one or two characteristic extracts from the speech with which Pym presented the eleventh and twelfth articles to the judgment of the House of Lords will find a proper place here. Those articles, it will be recollected, charged the duke with procuring titles of honour and grants of land for poor and unworthy creatures of hia own, and also with embezzling the king's mon- ey, and securing to himself grants of crown property of enormous value on dishonest con- ditions, to the gross prejudice of the crown no less than of the subject.^ Pym began his task by observing that " want of oratory" would be no disadvantage to his cause, since the " proportion of matter" he had to deliver was such that their lordships would not be likely to criticise his "art or expression." Having read the eleventh article, he proceeded to point out the fatal consequences to the well- being of the state, no less than to the morals of the subject, which must result from the con- tinuance of such practices as those of the duke. A grave, deliberative, and weighty style will * See Heylin's Life of Laud, p. 137. Cabala, p. 156. t Rushworth, Coll., vol. i., p. 199. J Eliot's Life, p. 13-16. $ Anthony Wood observes, " Pym was a great enemy to the favourite of King Charles I., called George Villiers, duke of Buckingham, and very active in aggravating some of the articles that were put up against him ; viz., that he forced Sir Richard Roberts, Bart., knowing him to be rich, to take the title of Lord Roberts of Truro upon him, and that, in consideration thereof, to make him pay for it to him the said duke 10,000. Farther, also, that he sold the offic'. of lord-treasurer to the Earl of Manchester for 20,000, and the office of master of the wards to the Earl of Middlesex for 6000," &c., &c. Afh. Ox,, jol. ii., p. 73. 146 BRITISH STATESMEN. arrest the reader's attention in the extracts which follow ; and let him think what a mas- terly and effective foil this must have been to the quick and impassioned eloquence of Eliot. " There are some laws." he said, alluding to the tampering of the duke with grants and hon- ours, "peculiar, according to the temper of several states ; but there are other laws that are co-essential and co-natural with govern- ment, which being broken, all things run unto confusion ; and such is that law of suppressing vice and encouraging virtue by apt punishments and rewards. Whosoever moves the king to give honour, which is a double reward, binds himself to make good a double proportion of merit in that party that is to receive it the first of value and excellency, the second of con- tinuance ; for as this honour lifts them above others, so should they have virtue beyond oth- ers ; and as it is also perpetual, not ending with their persons, but depending upon their posterity, so there ought to be, in the first root of this honour, some such active merit to the Com- monwealth as may transmit a vigorous example to their successors, to raise them to an imitation of the like." Waving, then, with great dignity, any reflections " on those persons to whom this article collaterally relates, since the com- mands I have received from the Commons con- cern the Duke of Buckingham only," the speak- er proceeded to urge, from the facts stated in the article itself, the heavy nature of the griev- ance charged. " It is prejudicial," he said, "first, to the noble barons ; secondly, to the king, by disabling him from rewarding extraordinary virtue ; thirdly, to the kingdom, which compre- hends all. It is prejudicial to this high Court of Peers. I will not trouble your lordships with recital how ancient, how famous this degree of barons hath been in the western monarchies ; I will only say, the baronage of England hath upheld that dignity, and doth conceive it in a greater height than any other nation. The lords are great judges a court of the last re- sort ; they are great commanders of state, not only for the present, but as law-makers and counsellors for the time to come ; and this, not by delegacy and commission, but by birth and inheritance. If any be brought to be a mem- ber of this great body who is not qualified to the performance of such state functions, it must needs prejudice the whole body ; as a little water put into a great vessel of wine, which, as it receives spirits from the wine, so doth it leave therein some degrees of its own infirmi- ties and coldness. It is prejudicial to the king. Not that it can disable him from giving honour, for that is a power inseparable from the crown ; but, by making honour ordinary, it becomes an incompetent reward for extraordinary virtue. When men are made noble, they are taken out of the press of the common sort ; and how can it choose but fall in estimation when honour it- self is made a press 1 It is prejudicial to the kingdom. Histories and records are full of the great assistance which the crown has received from the barons on foreign and domestic occa- sions ; and not only by their own persons, but their retinue and tenants ; and therefore they are called by Bracton, ROBUR BELLI. How can the crown expect the like from those who have no tenants, and are hardly able to maintain themselves 1 Besides, this is not all ; for the prejudice goes not only privatively from thence, in that they cannot give the assistance they ought, but positively, in that they have been a greater burden to the kingdom since, by the gifts and pensions they have received nay, they will even stand in need to receive more for the future support of their dignities. This makes the duke's offence greater, that in this weakness and consumption of the state he hath not been content alone to consume the public treasure, which is the blood and nourishment of the state, but hath brought in others to help him in this work of destruction ; and, that they might do it the more eagerly by enlarging their honour, he hath likewise enlarged their neces- sities and appetites." With several precedents from early reigns, clearly and forcibly urged to the House, in proof that " when men are called to honour, and have not livelihood to support it, it induceth great poverty, and causeth bri- beries, extortions, embraceries, and mainte- nance," Pym concluded his " aggravation" of this article. He now desired the twelfth article to be read, imbodying various charges of embezzlement in various ways, both of money and land ; and then, having subdivided these charges into sep- arate branches, he presented each to the at- tention of the House with such popular clear- ness and brevity, and in such a natural and lucid order, that what must otherwise have been con- fused and unintelligible to all save those peers who were thoroughly versed in the nicest dis- tinctions of property and technicalities of la\v, took, from the style of Pym, a remarkable sim- plicity and plainness. In speaking of the lands which the duke had procured, with unusual con- ditions of favour, from the crown, and urging the monstrous grievance, " that in a time of necessity, so much land should be conveyed to a private man," the orator interposed thus : " And because the Commons aim not at judg- ment only, but at reformation, they wish that, when the king bestows any lands for support of honours, those ancient cautions might be revived of annexing the land to the dignity (lest, being wasted, the party returns to the crown for a new support) ; by which provision the crown will reap this benefit, that as some lands go out by new grants, others will come in by extinct entails." Observing next upon the un- usual clauses inserted in these grants for the duke, Pym directed their lordships' attention more especially to " the surrender of divers par- cels of those lands back to the king, after he had held them some years, and taking others from the king in exchange. Hence," contin- ued he, " the best of the king's lands, by this course, being passed away, the worst remain- ed upon his hand ; so that, having occasion to raise money, such lands could not supply him. Opportunity was also hereby left to the duke to cut down woods, to enfranchise copyholders, to make long leases ; and yet, the old rent re- maining still, the land might be surrendered at the same value. Whether this be done I am uncertain, not having time to examine ; but I recommend it to your lordships to inquire af- ter it ; and the rather, for that the manor of Couphill, in Lincolnshire, was so dismembered, and by a surrender turned back to the king." JOHN PYM. 147 In the next branch of his subject, a favourite style of embezzlement with Buckingham was admirably handled that of selling the king's lands, and causing tallies to be struck for the money paid, as if it had really gone into the Exchequer, whereas it had notoriously been received by the duke. " Divers parcels of land were sold and contracted for by his own agents, and the money received to his own use ; and yet tallies struck as if the moneys had come into the Exchequer. This is to be proved by his own officers, by the officers of the Excheq- uer, and by the tallies themselves, which tal- lies amount to 44,090 5s. Whence I observe, 1. That there ran one thread of falsehood to- wards the king through all his dealings. 2. That it was a device to prevent the wisdom of Parliament, if it should be thought fit, from making a resumption ; for by these means these grants seem to have the face of a valuable con- sideration, whereas they were free gifts. 3. If the title of these lands prove questionable, yet, it appearing by record as if the king had received the money, he was bound in honour to make the estate good, and yet the duke had the profit." Alluding afterward to Buckingham's gross practice of procuring, under pretence of secret service, great sums to be issued by privy seals to sundry of his creatures, Pym thus, with ear- nest gravity in a speaker whose style was less steady and deliberative it would have passed for severity or passion hinted at the punishment which such practices might require. " The quality of the fault," he said, " I leave to your lordships. I leave to your lordships the proportion of judgment in which you will rate it whether to that crime which in the civil law is called crim.cn peculatus, which was when any man did unjustly turn to his own use that money which was either sacra, dedicated to God's service, or re ligiosa,.\ised about funerals or monuments of the dead, or publica, as the busi- ness now in question is ; the rather, because the public treasure was held in the same repu- tation with that which was dedicated to God and religion. This offence crim.cn pcculatus by that law, was death and confiscation. Or whether your lordships will think it to carry pro- portion with that crime which is called in the civil law crimcn falsi, and is defined to be when any shall simulatione veri suum compendium, alieno dispendio, faccre, viz., by semblance of truth make gain to himself out of others' losses ; which, in the case of a bondman, was death, and in the case of other men was banishment and confis- cation, as the nature of the fact required. Or whether your lordships will esteem it according to the sentence of the Star Chamber ordinary in cases of fraud, or according to the common law, which so much detests this dealing, which they term covin, as it doth vitiate ordinary and lawful actions. Or, lastly, whether your lord- ships will estimate it according to the duke's own judgment, in his own conscience; for direct ac- tions are not afraid to appear open-faced, but ill dealings desire to be masked with subtlety and closeness ; and therefore it were even of- fence sufficient, were there no more than a cunning concealing of what he received from the king, since that argues either guilt of un- thankfulness, in hiding his master's bounty ; guilt of unworthiness, as if he durst not avow the receipt of that which he had not merited ; or guilt from fear of punishment, by these in- quisitions into his actions which now are come to pass." One extract more in reference to the great danger that had been done to the state in the confusion between the king's estate and Buck- ingham's, by the duke's practices of falsifying the records and entries will illustrate the quarter from which Pym doubtless derived his admirable habits of business and order. "By the wisdom of the law, in the constitution of the Exchequer, there be three guards set upon the king's treasurer and accompts. The first is a legal impignoration, whereby the estates, personal and real, of the accomptants, are made liable to be sold for the satisfaction of their debts. The second is an act of control- ment, that the king relies not upon the industry nor sincerity of any one man ; but, if he fail in either, it may be discovered by the duty of some other officer, sworn to take notice of it. The third is an evidence and certainty, not for the present time only, but of perpetuity, because the king can neither receive nor pay anything but by record. All these ways have been bro- ken by the Duke of Buckingham, both in the case next>before recited, and in these that fol- low. The custom of the Exchequer, my lords, is the law of the kingdom for as much as con- cerneth the revenue. Now every breach of that law, by particular offence, is punishable ; but such an offence, as is the destruction of the law r itself, is of a far higher nature." Pym next alluded to " two privy seals of release the one the 16th, the other the 20th Jac. con- cerning divers sums secretly received to his majesty's use, but by virtue of these releases to be converted to the Duke of Buckingham's own profit, the proof whereof is referred to the privy seals themselves ;" and thus con- tinued : " Hence, my lords, appear the duke's subtilties, by which he used to wind himself into the possession of the king's money, and to get that by cunning steps and degrees, which, peradventure, he could not have ob- tained at once. A good master will trust a good servant with a greater sum than he would give him ; yet after, when it is out of his pos- session, will be drawn the more easily to re- lease him from accounting for it, than to have made it a free gift at first." Having gone through the various charges in detail, Pym now presented to the House in one mass the gross amount in money and land ab- sorbed from the public estate by Buckingham, and afterward summed up his share of the great duty that had been assigned to him by the House of Commons in this grave and deliberate manner. " This is a great sum in itself, but much greater by many circumstances. If you look upon the time past, never so much came into any one private man's hands out of the public purse. If you respect the time present, the king had never so much want, never so many occasions, foreign, important, and expen- sive. The subjects have never given greater supplies, and yet those supplies are unable to furnish those expenses. But as such circum- stances make that sum the greater, so there are other circumstances which make the sum 148 BRITISH STATESMEN. little, if it be compared with the inestimable gain the duke hath made by the sale of honours and offices, and projects hurtful to the states both of England and Ireland, or if it be com- pared with his own profuseness. Witness, notwithstanding this gift, his confession before both Houses of Parliament to be indebted 100, 000 and above. If this be true, how can we hope to satisfy his immense prodigality 1 if false, how can we hope to satisfy his covetousness 1 And, therefore, no wonder the Commons so earnest- ly desire to be delivered from such a grievance. I shall now produce the precedents of your lordship's predecessors. Precedents they are in kind, but not in proportion, for in that view there are no precedents. The first is the 10th Rich. II., which was in the complaint against Michael de la Pole, earl of Suffolk, out of which I shall take three articles. The first, that be- ing chancellor, and sworn to the king's profit, he had purchased divers lands from the king, more than he had deserved, and at an under rate. The second, that he had bought an an- nuity of 50 per annum, which grant was void, and yet he procured the king to make it good. The third, whereas the master of St. Anthony's, being a schismatic, had forfeited his estate in- to the king's hands, this earl took it in farm at 20 marks the year, converting the overplus, which was 1000 marks, to his own benefit, which should have come to the king. The next precedent is one of the llth Rich. II., out of the judgment against Robert de Vere and others, out of which I shall take two articles, the fifth and seventh. The fifth was for taking lands and manors annexed to the crown, where- by they themselves were enriched, and the king made poor. The seventh was intercepting the subsidies granted for the defence of the king- dom. The third precedent is 28 Hen. VI., in the Parliament roll, out of the complaint against William, duke of Suffolk, to the effect that, be- ing next and privatest of council to the king, he had procured him to grant great possessions to divers persons, whereby the king was much impoverished, the expense of his house unpaid, wages, the wardrobe, castles, navy debts unsat- isfied ; and so, by his subtile counsel and un- profitable labour, the revenues of the crown, of the Duchy of Lancaster, and of other the king's inheritances, so diminished, and the commons of the realm so extremely charged, that it was near a final destruction ; and, more- over, that the king's treasure was so mischiev- ously diminished to himself, his friends, and well-wishers, that, for lack of money, no ar- mour nor ordnance could be provided in time. These precedents, my lords, the Commons pro- duce as precedents in kind, but not in propor- tion ; and, since these great persons were not brought to judgment upon these articles alone, you will observe this as a just conclusion, that ravening upon the king's estate is always ac- companied with other great vices. All these considerations I humbly submit to your lord- ship's great wisdom, and conclude with hoping that, as this great duke has so far exceeded all others in his offences, he may not fall short of them in punishment."* * See the Old Parliamentary History, vol. vii., p. 123- 139. The recent editors of the Parl. Hist, have entirely omitted this striking speech. I cannot resist subjoining, in The result of this great movement against Buckingham, the abrupt dissolution of the sec- ond Parliament, and the disastrous events that followed, have been sufficiently placed before the reader. Pym was thrown into prison, and only again released on his return to the third Parliament for Tavistock. In that memorable third Parliament, his exertions were only sec- ond to those of Eliot. With that great patriot and statesman, indeed, Pym went hand in hand ;* and his deference to Eliot's powers was only less admirable than the extent and capacity of his own. When, after the first debate on grievances, in which the member for Tavistock did not fail to distinguish himself, the motion for granting five subsidies was brought forward, in accord- ance with the noble plan of operations deter- mined upon by Eliot, and already fully de- scribed in my account of his exertions, it was Pym who urged most emphatically upon the House the necessity of the immediate grant. " In business of weight," he said, " despatch is better than discourse. We came not hither without all motives that can be towards his majesty. We must add expedition to expedi- tion : let us forbear particulars. A man in a journey is hindered by asking too many ques- tions. To give speedily is that which the king calls for. 'A word spoken in season is like an apple of gold set in pictures of silver ;' and actions are more precious than words. Let us hasten our resolutions to supply his majes- ty.'^ Now it might really have been upon this note, a very remarkable list of precedents similar to those urged by Pym, which were furnished by Sir Robert Cotton, when sitting in the previous Parliament at Oxford. " I will tell you what I have found, since this assembly at Oxford, written by a reverend man, twice vice-chancellor of this place : his name was Gascoigne a man that saw the tragedy of De la Pole. He tells you that the revenues of the crown were so rent away by ill counsel, that the king was enforced to live de tallagiis populi, and was grown in, debt quinque centena millia Hbrarum ; that his great favour- ite, in treating a foreign marriage, had lost his master a foreign duchy; that, to work his ends, he had caused the king to adjourn the Parliament in villis et partibus remotis regni, where few people, propter defectum hospitii et vic- tualium, could attend, and by the shifting that assembly from place to place, to enforce (I use the author's own words) illos paucos qui remanebant de communitate regni concedere regi guamvis pessima. It was," says he, in con- clusion, "a speeding article against the Bishop of Win- chester and his brother, in the time of Edward III., that they engrossed the person of the king from his other lords. It was not forgotten against Gaveston and the Spencers in the time of Edward II. The unhappy ministers of Richard II., Henry VI., and Edward VI., felt the weight, to their ruin, of the like errors. I hope we shall not complain in Parliament again of such. I am glad we have neither just cause nor undutiful dispositions to appoint the king a coun- cil to redress those errors in Parliament, as those 42 Henry III. We do not desire, as 5 Henry IV. or 29 Henry VI., the removing from about the king any evil counsellors. We do not request a choice by name, as 14 Edward II., 3, 5, 11 Richard 11., 8 Henry IV., 31 Henry VI. ; nor to swear them in Parliament, as 35 Edward I., 9 Edward II., 5 Richard II. ; or to line them out their directions of rule, 43 Henry III. and 8 Henry VI." This sort of display of learning has a wonderful significancy of meaning beneath it. See His- tory 15, from Mackintosh, vol. v., p. 10, 11. * Pym was the only man in the House of Commons who seemed to have a perfect understanding with Eliot as to the course of his intentions towards Buckingham, and, in pros- ecuting the matter in such a way as to give the greatest possible effect to Eliot's policy, he showed himself master of the same large ulterior views. When the news of the arrest of Eliot was carried to the House of Commons, Pym was the only person present who did not seem startled out of his self-possession. In the midst of tumultuous shouting and cries for instant adjournment, his voice was heard coun- selling judgment and temper. See Journals, May 12, 1626. t Parl. Hist., vol. vii., p. 430. JOHN PYM. 149 such words as these, spoken with a view to give effect to the noble and temperate policy which was thought necessary for the achieve- ment of the petition of right, that Lord Claren- don afterward ventured,* in his indulgence of revengeful spleen against the memory of Pym, to ground his famous accusation, that, at a par- ticular time, " Mr. Pym made some overtures to provide for the glory and splendour of the crown, in which he had so ill success that his interest and reputation visibly abated." The time named by the historian is indeed much later ; but the speech which has just been quo- ted is about the best semblance of authority for such a charge that can be found on the debates or journals of the House of Commons ;t and it will scarcely be maintained that, in the absence of such corroborative authority, Lord Claren- don's assertion upon such a matter is entitled to the smallest weight. J Certainly the court was soon fated to be un- deceived, if it had ever persuaded itself to con- strue these words of the patriot leader into a shrinking or relenting from the popular cause. Pym's activity in searching every possible quarter for precedents during the preparation of the petition of rights was marked and inces- sant ; he was said by Sir Edward Coke to have examined every state paper in the manuscript collections at Lambeth. Equally indefatigable were his exertions during the progress of that great measure through the houses ; and many of the wretched expedients^ vainly resorted to by Charles, day by day, and week by week, to elude the purpose or weary out the perseve- rance of his opponents, were defeated by Pym's address and courage. When Secretary Cooke carried down Charles's brief and peremptory message to the House, desiring to know wheth- er they would or would not rest upon his royal word, || it was Pym's voice which broke the long silence that followed the startling ques- tion. He rose and said, with consummate presence of mind and admirable temper, "We have his majesty's coronation oath to maintain the laws of England what need we then to take his word 1" and afterward quietly pro- posed to move " whether we should take the king's word or no." Old Cooke, upon this, started from his seat with the indignant ques- tion, " What would they say in foreign parts if the people of England refused to trust their king 1" " Truly," rejoined Pym, quickly, " tru- ly, Mr. Speaker, I am just of the same opinion I was, namely, that the king's oath is as pow- erful as his word." Eliot then came to the as- sistance of Pym, and the dishonest message was rejected.! So, when the petition of rights itself was sent down from the House of Lords with the addition of the saving clause proposed by Williams, to the effect that " they would * See Hist, of Rebellion, vol. iv., p. 438. t I have carefully examined them all with this view, and may here remark, that were I to give only the names of the numberless committees of which Pym was the leading mem- ber through all the Parliaments of Charles, I might fill half this volume with such details alone. His habits of business must have been wonderful indeed ! t See post, p. 183, note. The speech there referred to is not upon the journals. * They are all described in the Life of Eliot. II ' Upon this there was silence for a good space." See Rushworth, vol. i., p. 553 ; Parl. Hist., vol. xviii., p. 95 ; Life of Eliot, p. 22. T Sloane MSS., 4177. leave entire the SOVEREIGN POWER with which his majesty was trusted, for the protection, safety, and happiness of the people," Pym rose from his seat, and uttered these remarkable words : " I am not able to speak to this ques- tion. I know not what it is. All our petition is for the laws of England, and this ' power' seems to be another distinct power from the power of the law. I know how to add sover- eign to the king's person, but not to his pow- er. We cannot 'leave' to him a sovereign power, for we never were possessed of it."* The issue has been fully described. Great as Pym's exertions were, however, during the progress of the petition of right, we do not find that they in any way served to abate his attendance on the various religious committees of this famous session, at all of which he sat as chairman. An ingenious ad- mirer of Charles I. has, in allusion to this, ob- served : " The profound politicians among the patriots, as Pym and Hampden, now allied themselves to the religionists. The factions at first amalgamated, for each seemed to assist the other, and, while the contest was doubtful, their zeal, as their labours, was in common. Religion, under the most religious of monarchs, was the ostensible motive by which the patri- ots moved the people. When, on one occa- sion, it was observed that the affairs of religion seemed not so desperate that they should whol- ly engross their days, Pym replied, that they must not abate their ardour for the true reli- gion, that being the most certain end to obtain their purpose and maintain their influence. "t This is not correctly stated, since no such al- liance, except in so far as the objects of both parties could not be kept apart, was at this time formed. Pym was never, at any period of his life, a Nonconformist ; he died, as he had lived, in the discipline, no less than in the faith, of the pure English Church, " a faithful son of the Protestant religion. "t It is true that he was the means of exacting from the country party in the House of Commons a greater at- tention than they had before been used to pay to matters of religious faith and doctrine, but with what aim 1 not, most surely, to inflame the religious passions of the people, or to strength- en any set of dissenters from the Church, but to assault, through the sides of court di- vines, the strongest holds of absolute power. The sect of the Puritans was not increased by Pym's exertions. It was the good work of Laud, and of such as Laud, to enlist upon their side the deepest sympathies of even the most sober sections of the English people, who thought it hard indeed that vast numbers of high-minded, industrious, and conscientious men, firmly attached to the laws of England, should be driven from their native soil, or har- assed in property and estate, or mutilated in person, only for scrupling to comply with a few indifferent ceremonies that had no relation to the favour of God or to the practice of virtue. Laud Puritanized England. Pym's share in the work, as well as his general principle of Parliamentary interference in religious affairs, * Parl. Hist., vol. viii., p. 118. t D'Israeli's Commentaries on the Life of Charles the First, vol. hi., p. 296, 297. t His own words. See Rushworth's Collections, vol. v., p. 377. 150 BRITISH STATESMEN. will be best explained by his speech in the case of Doctor Mainwaring. While the House of Commons were delibera- ting, in distrust and resentment, on the king's first answer to the petition of right, which had just been presented to them, Pym seized the occasion of carrying up to the House of Lords a " declaration" against Mainwaring. During the last interval of Parliament, this divine, one of the royal chaplains, had rendered himself notorious by the slavish doctrines of his ser- mons. In obedience to Laud's instructions* to the clergy to " preach the loan," he had de- livered two infamously servile discourses, with a view to show that " the king could make laws and do whatsoever pleased him'; that he was not bound by any pre-existing law respecting the rights of the subject ; and that his sole will in imposing taxes without the consent of Par- liament obliged the subjects' conscience, on pain of eternal damnation."! One extract from these effusions will show their style and char- acter. " Of all relations, the first and original is between the Creator and the creatures ; the next between husband and wife ; the third be- tween parents and children ; the fourth between lord and servants ; from all which forenamed respects there doth arise that most high, sa- cred, and transcendent relation between king and subject." On Wednesday, the 4th of June, Pym pre- sented himself to the Lords as the accuser of Mainwaring. He began by saying that he should speak to this cause with more confi- dence, because he saw nothing to discourage him. " If I consider the matter," he continued, " the offences are of a high nature and of easy proof; if I consider your lordships, who are the judges, your own interest, your own hon- our, the examples of your ancestors, the care of your posterity, all will be advocates with me in this cause on the behalf of the common- wealth. And when I consider the king our sovereign the pretence of whose service and prerogative might, perchance, be sought unto as a defence and shelter for this delinquent I cannot but remember that part of the king's an- swer to the petition of right of both houses, ' that his majesty held himself bound in con- science to preserve their liberties,' which this man would persuade him to impeach. Nor, my lords, can I but remember his majesty's love to piety and justice, manifested upon all occasions ; and I know Love to be the root and * These instructions commenced thus. They were drawn up by Laud in the name of the king : " We have observed that the Church and the State are so nearly united and knit together, that, though they may seem two bodies, yet, indeed, in some relation they may be accounted but as one, inasmuch as they are both made up of the same men, which are differenced only in relation to spiritual or civil ends. This nearness makes the Church call in the help of the State to succour and support her whensoever she is pressed beyond her strength. And the same nearness makes the State call in for the service of the Church, both to teach that duty which her members know not, and to exhort them to, and encourage them in, that duty which they know. It is not long since we ordered the State to serve the Church, and, by a timely proclamation, settled the peace of it ; and now the State looks for the like assistance from the Church, that she and all her ministers may serve God and us by preaching peace and unity at home, that it may be the better able to resist foreign force uniting and multiplying against it." Who can doubt the design so plainly intimated in this passage, of a crusade of Church and State against the people's liberties? t Whitelocke's Memorials, p. 8-10. spring of all other passions and affections. A man therefore hates, because he sees somewhat in that which he hates contrary to that which he loves ; a man therefore is angry, because he sees somewhat in that wherewith he is angry that gives impedi- ment and interruption to the accomplishment of that which he loves.* If this be so, by the same act of apprehension by which I believe his majesty's love to piety and justice, I must needs believe his hate and detestation of this man, who went about to withdraw him from the exercise of both." After this very striking commencement, Pym proceeded to that which he said was the task enjoined him, " To make good every clause of that which had been read unto them ; which, that he might the more clearly perform, he pro- posed to observe that order of parts into which the said declaration was naturally dissolved. 1. Of the preamble. 2. The body of the charge. 3. The conclusion, or prayer of the Commons. " The preamble consisted altogether of reci- tal first, of the inducements upon which the Commons undertook this complaint ; second, of those laws and liberties against which the offence was committed ; third, of the violation of those laws which have relation to that of- fence. Now," he continued, " from the con- nexion of all these recitals, it was to be ob- served that there did result three positions, which he was to maintain as the groundwork and foundation of the whole cause. The first, that the form of government in any state could not be altered without apparent danger of ruin to that state. The second, that the law of England, whereby the subject is exempted from taxes and loans not granted by common consent of Parliament, was not introduced by any statute, or by any charter or sanction of princes, but was the ancient and fundamental law, issuing from the first frame and constitu- tion of the kingdom. The third, that this lib- erty of the subject is not only most convenient and profitable for the people, but most honour- able and necessary for the king ; yea, in that very point of supply for which it was endeav- oured to be broken. " As for the first position, the best form of government is that which doth actuate and dispose every part and member of a state to the common good ; and as those parts give strength and ornament to the whole, so they receive from it again strength and protection in their several stations and degrees. If this mutual relation and intercourse be broken, the whole frame will quickly be dissolved and fall in pieces ; for while, instead of this concord and interchange of support, one part seeks to * Mr. Browning has worked upon the same noble thought iu his poem : * * * " All love renders wise In its degree ; from love which blends with love Heart answering heart to that which spends itself In silent mad idolatry of some Pre-eminent mortal some great soul of souls Which ne'er will know how well it is adored ! * * Love is never blind, but rather Alive to every the minutest spot That mars its object, and which hate (supposed So vigilant and searching) dreams not of. * * * Trust me, If there be friends who seek to work our hurt, To ruin and drag down earth's mightiest spirits, Even at God's foot, 'twill be from such as love Their zeal will gather most to serve their cause And least from those who hate." Paracelsus, part 3. JOHN PYM. 151 uphold the old form of government, and the other part to introduce a new, they will mis- erably consume and devour one another. His- tories are full of the calamities of whole states and nations in such cases. But it is equally true that time must needs bring about some alterations, and every alteration is a step and degree towards a dissolution : those things only are eternal which are constant and uni- form. Therefore it is observed by the best writers on this subject, that those common- wealths have been most durable and perpetual which have often reformed and recomposed them- selves according to their first institution and ordi- nance ; for by this means they repair the breach- es, and counterwork the ordinary and natural effects of time. " The second is as manifest. There are plain footsteps of those laws in the govern- ment of the Saxons : they were of that vigour and force as to overlive the Conquest nay, to give bounds and limits to the Conqueror, whose victory only gave him hope, but the assurance and possession of the crown he obtained by composition, in which he bound himself to ob- serve these and the other ancient laws and liberties of the kingdom, and which afterward he likewise confirmed by oath at his corona- tion ; and from him the said obligation de- scended to his successors. It is true they have been often broken, and they have been often confirmed by charters of kings and by acts of Parliaments ; but the petitions of the subjects, upon which those charters and acts were found- ed, were ever PETITIONS OF RIGHT, demanding their ancient and due liberties, not suing for any new. " To clear the third position may seem to some men more a paradox, that those liberties of the subject should be so convenient and profitable to the people, and yet most neces- sary for the supply of his majesty. But sure- ly," he said, " if those liberties were taken away, there would remain no more industry, no more justice, no more courage ; for who will contend, who will endanger himself for that which is not his own 1 And yet," he added, " he would not insist upon any of those points, nor upon others equally important ; but only observe, that if those liberties were taken away, there would remain no means for the subjects, by any act of bounty or benevolence, to ingratiate themselves with their sovereign." And, in reference to this point, he desired their lordships to remember " what profitable pre- rogatives the laws had at various times ap- pointed for the support of sovereignty, as ward- ships, treasures-trouve, felons' goods, fines, amercements, and other issues of courts, wrecks, escheats, and many more, too long to be enumerated ; which, for the most part, are now, by charters and grants of several princes, dispersed into the hands of private persons ; and that, besides the ancient demesnes of the crown of England, William the Conqueror did annex to the crown, for the better mainte- nance of his estate, great proportions of those lands which were confiscate from those Eng- lish who persisted to withstand him, of which, notwithstanding, very few remain at this day in the king's possession ; yet also, since that time, the revenue of the crown hath been sup- plied and augmented by attainders and other casualties, and in the age of our fathers by the dissolution of monasteries and chantries, of which near a third part of the whole land came into the king's possession." He remembered farther that constant and profitable grant of the subjects in the act of tonnage and pound- age. " But of what avail," he added, " have all these grants and prerogatives been 1 They were now so alienated, anticipated, or over- charged with annuities and assignments, that no means were left for the pressing and im- portant occasions of the time but one, and that one the voluntary and free gift of the subjects in Parliament. It is that which is now as- sailed ; but trust me, my lords," Pym exclaim- ed, " the hearts of the people, and their bounty in Parliament, are the only constant treasure and rev- enue of the crown which cannot be exhausted, alien- ated, anticipated, or otherwise charged and encum- bered .'" There is nothing more remarkable in the speeches of Pym than what may be emphati- cally termed their wisdom. This will have fre- quent and abundant illustration in the course of this memoir. Never, in the most excited moments of even his latter life, did he seem other than far removed above the idle clamours of party, and the little views of the "ignorant present," while with this he could combine, at will, the most immediate and most practical resources of the orator ; for the wisdom I have spoken of was, as it always is with the great- est men, a junction of the plain and practical with the profound and contemplative ; to such an extent, however, in his case, and in such perfection, as may not be equalled in that of any other speaker of ancient or modern time, with the single exception of Burke. Hence his speeches were not simply a present achieve- ment of the matters he had in hand, but a grand appeal, on their behalf, to the enlightened judg- ment of the future ; and the presenting the more prominent passages of them thus, for the first time, to the attention and admiration of his fellow-countrymen, is no less to discharge a very tardy act of justice to his memory, than to furnish the most striking, and, as it were, living materials for a judgment on the great times in which he lived. After a farther homiletic subdivision of his subject, a practice of which he was extremely fond, and which gave a certain weight and scholastic formality to the commonest point he touched on, Pym proceeded at great length through the second grand division of his speech, step by step to " show the state of the case as it stood both in the charge and the proof;" to "take away the pretensions of mitigation and limitation of his opinions urged by the doc- tor in defence ;" to " observe circumstances of aggravation ;" and " to propound some pre- cedents of former times, wherein, though he could not match the offence now in question, yet he should produce such as should suffi- ciently declare how forward our ancestors would have been in the prosecution and con- demning of such offences, if they had been then committed." The materials of the charge, he observed, were contrived into three distinct articles. The first of these comprehended two clauses : " First. That his majesty is not bound 152 BRITISH STATESMEN. to keep and observe the good laws and cus- toms of the realm concerning the right and lib- erty of the subject to be exempted from all loans, taxes, and other aids laid upon them without common consent in Parliament. Sec- ond. That his majesty's will and command, in imposing any charges upon his subjects with- out such consent, doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation !" Two kinds of proof were produced upon this arti- cle : " The first was from assertions of the doctor's, concerning the power of kings in gen- eral, but, by necessary consequence, to be ap- plied to the kings of England. The next was from his Censures and Determinations upon the particular case of the late loan, which, by necessity and parity of reason, were likewise applicable to all cases of a like nature ; and lest, by frailty of nature, he might mistake the words or invert the sense, he desired leave to resort to a paper, wherein the places were care- fully extracted out of the book itself." And then he read each particular clause, pointing to the page for proof, and afterward proceeded and said, that from this evidence of the fact doth issue a clear evidence of his wick- ed intention to misguide and seduce the king's conscience, touching the observations of the laws and liberties of the kingdom, and to scan- dalize and impeach the good laws and govern- ment of the realm, and the authority of Parlia- ments. " Now, my lords," continued Mr. Pym, " if to give the king ill counsel in one particu- lar action hath heretofore been heavily punish- ed in this high court, how much more heinous must it needs be thought to pervert and se- duce, by ill counsel, his majesty's conscience that sovereign principle of all moral actions in man, from which they are to receive warrant for their direction before they be acted, and judgment for their reformation afterward ! If scandalum magnatum slander and infamy cast upon great lords and officers of the kingdom has been always most severely censured, how much more tender ought we to be of that slander and infamy which is here cast upon the laws and government, from whence are derived all the hon- our and reverence due to those great lords and ma- gistrates ! All men, my lords, and so the great- est and highest magistrates, are subject to passions and partialities, whereby they may be transported into over-hard injurious crosses ; and though these considerations can never jus- tify, they may sometimes excuse, the railing and evil speeches of men who have been so provoked ; it being a true rule, that whatsoever gives strength and enforcement to the tempta- tion in any sin, doth necessarily imply an abate- ment and diminution of guilt in that sin. But to slander and disgrace the laws and govern- ment is without possibility of any such excuse, it being a simple act of a malignant will, not in- dMced nor excited by any outward provocation ; for the laws, carrying an equal and constant respect to all, ought to be reverenced equally by all." And thus he derived the proofs and enforcements upon the first article of the charge. In the same strain of grave and lofty elo- quence Pym urged the second and third arti- cles of the impeachment, and then observed, with conclusive effect, upon Mainwaring's at- tempted limitations of his doctrines. The doc- tor had pleaded, for instance, among other things, that " he did not attribute to the king any such absolute power as might be exercised at all times or upon all occasions, but only upon necessity extreme and urgent ;" and to this Pym answered, " That it is all one to leave the power absolute, and to leave the judgment ar- bitrary when to execute that power ; for, al- though these limitations should be admitted, yet it is left to the king alone to determine what is an urgent and pressing necessity, and what is a just proportion, both in respect of the ability and of the use and occasion ; and what shall be said to be a circumstance, and what the substance of the law. Thus the subject is left without remedy ; and, the legal bounds being taken away, no private person shall be allowed to oppose his own particular opinion, in any of these points, to the king's resolution ; so that all these limitations, though specious in show, are in effect fruitless and vain." Having answered, in the same easy strain, all Mainwaring's flimsy defence, he now took up some " circumstances of aggravation," and presented them to the Lords. The remark he makes on the fact of some of these sermons having been preached before the "king and court at Whitehall," is very singular and sig- nificant. " The first," he said, alluding to the circum- stances of aggravation, " was from the place where these sermons were preached the court, the king's own family, where such doctrine was before so well believed that no man need to be con- verted. Of this there could be no end but ei- ther simoniacal, by flattery and soothing to make way for his own preferment, or else ex- tremely malicious, to add new afflictions to those who lay under his majesty's wrath, dis- graced and imprisoned, and thus to enlarge the wound which had been given to the laws and liberties of the kingdom. The second was from the consideration of his holy function. He is a preacher of God's word, and yet he had en- deavoured to make that, which was the only rule of justice and goodness, to be the warrant for violence and oppression. He is a messen- ger of peace, but he had endeavoured to sow strife and dissension, not only among private persons, but even betwixt the king and his peo- ple, to the disturbance and danger of the whole state. He is a spiritual father ; but, like that evil father in the Gospel, he hath given his children stones instead of bread ; instead of flesh he hath given them scorpions. Lastly, he is a minister of the Church of England, but he hath acted the part of a Romish Jesuit : they labour our destruction, by dissolving the oath of allegiance taken by the people ; he doth the same work, by dissolving the oath of pro- tection and justice taken by the king." With the same eloquent boldness he next observed, as a circumstance of aggravation, that the authors quoted by Mainwaring in sup- port of his doctrines were " for the most part friars and Jesuits ;" and, worse than this, that he had been guilty of " fraud and shifting in ci- ting even those authors to purposes quite dif- ferent from their own meanings." In this por- tion of his great task, Pym gave some mem- orable illustrations of the labour and learning JOHN PYM. 153 he had applied to it, only one very short speci- men of which may he given here. " In the twenty-seventh page of his first sermon," Mr. Pym continued, " he cites these words, Suarez de Legibus, lib. v., cap. 17 : Acceptationem popu- li non esse conditionem necessariam, ex vi juris naturalis aut gentium, neque ex jure communi. Now the Jesuit adds, Neque ex antique jure His- panic, which words are left out by the doctor, lest the reader might be invited to inquire what was antiquum jus Hispania. ; though it might have been learned from the same author, in an- other place of that work, that about two hun- dred years since this liberty was granted to the people by one of the kings, that no tribute should be imposed without their consent ; and this author adds farther, that after the law is introduced, and confirmed by custom, the king is bound to observe it." From this place Pym took occasion to make this short digression : " That the kings of Spain, being powerful and wise princes, would never have parted with such a mark of absolute royalty if they had not found in this course more advantage than in the other ; and the success and prosperity of that kingdom, through the valour and industry of the Spanish nation, so much advanced since that time, do manifest the wisdom of the change." It would be scarcely possible to illustrate Pym's courage and high- minded indifference to popular prejudice better than by these few words in praise of the Span- ish nation, at that time the object of universal execration with the English people. As a concluding point of aggravation, Pym now mentioned the circumstance of Mainwa- ring's having repeated, " in his own parish church of St. Giles," the very offensive doc- trines originally charged against him, " even since the sitting of Parliament and his being questioned in Parliament ;" and then " desired the Lords that this circumstance might be care- fully considered, because the Commons held it to be a great contempt offered to the Parlia- ment for him to maintain that so publicly^which was here questioned. A great presumption, they held it, for a private divine to debate the right and power of the king, which is a matter of such a nature as to be handled only in this high court, and that with moderation and ten- derness." Pym now, in conclusion, produced some such precedents as might testify what the opinion of our ancestors would have been, if this case had fallen out in their time ; and herein, he said, " he would confine himself to the reigns of the first three Edwards, two of them princes of great glory." He began with the eldest West. I., cap. 34 : " By this statute, 3 Edw. I., provision was made against those who should tell any false news or device, by which any discord or scandal may arise betwixt the king, his people, and great men of the kingdom. By 27 Edward I. (Rot. Parl., n. 20), it was decla- red by the king's proclamation, sent into all the counties of England, that they that reported that he would not observe the great charter were malicious people, who desired to put trouble and debate betwixt the king and his subjects, and to disturb the peace and good es- tate of the king, the people, and the realm. In 5 Edward II. (Inter novas Ordinationes), Henry de Beamond, for giving the king ill counsel U against his oath, was put from the council, and restrained from coming into the presence of the king under pain of confiscation and banish- ment. By 19 Edward II. (Clause, Mem. 26, indors.), commissions were granted to inquire upon the statute of West. I. touching the spread- ing of news, whereby discord and scandal might grow betwixt the king and his people. In 10 Edw. III. (Clause, M. 26), proclamation went out to arrest all of those who had presumed to report that the king would lay upon the woods certain sums, besides the ancient and due cus- toms ; where the king calls these reports ' ex- quisita mendacia, &c.. quae non tantum in pub- licam laesionem, sed in nostrum cedunt dam- num, et dedecus manifestum.' In 12 Edward III. (Rot. Almaniae), the king writes to the Archbishop of Canterbury, excusing himself for some impositions which he had laid, pro- fessing his great sorrow for it ; desires the archbishop, by indulgences and other ways, to stir up the people to pray for him ; hoping that God would enable him, by some satisfactory benefit, to make amends, and comfort his sub- jects for those pressures." Having added to these temporal precedents one or two from ec- clesiastical records, Pym presented to their lordships the following result to be collected from them : " If former Parliaments were care- ful of false rumours and news, they would have been much more tender of such doctrines as these, which might produce great occasions of discord betwixt the king and his people. If those who reported the king would lay imposi- tions and break his laws were thought such heinous offenders, how much more should the man be condemned who persuaded the king he is not bound to keep those laws ! If that great king Edward was so far from challenging any right in this kind, that he professed his own sorrow and repentance for grieving his sub- jects with unlawful charges if confessors were enjoined to frame the conscience of the people to the observances of these laws, certainly such doctrines as those of Mainwaring, and such a preacher as this, would have been held most strange and abominable in all those great times of England!" Then, having recited the prayer of the Com- mons, desiring Mainwaring to be brought to examination and judgment, Pym concluded, " That, seeing the cause had strength enough to maintain itself, his humble suit to their lord- ships was, that they would not observe his in- firmities and defects, to the diminution or prej- udice of that strength."* Laud trembled at the effects of this speech, and even expressed to the king his alarm for an impeachment against himself; but Charles ;old him to be under no uneasiness till he saw rim forsake his other friends, t Yet even harles winced from an open defiance of the manifest feeling excited by Pym, and for a time pretended to yield up Mainwaring to the judg- ment of Parliament. " Truly," says Sander- son,J " I remember the king's answer to all : ' He that will preach other than he can prove, let him suffer ; I give them no thanks to give I have collected this speech from various documents ; int a fair report will be found in the Old Parliamentary History, vol. iii., p. 171-189. t Heylin's Life of Laud, p. 171. See, also, Laud's Diary. } Life of Charles the First, p. 115. 154 BRITISH STATESMEN. me my due ;' and so, being a Parliament busi- ness, he (Mainwaring) was left by the king and Church to their sentence." Immediately after the passing of the petition of right, that sen- tence was pronounced by the upper House ; and, in spite of Mainwaring's tears and affected penitence, to say nothing of his impudent hy- pocrisy, he was condemned to imprisonment du- ring the pleasure of Parliament ; to be fined a thousand pounds to the king ; to make a sub- mission, both in writing and personally, at the bar of the House, and also at the bar of the Commons ; to be suspended from the ministry for three years ; and to be incapable of ever holding an ecclesiastical dignity or secular of- fice, or of preaching at court. Lastly, the peers ordered his sermons to be burned.* " A heavy sentence, I confess," observes Heylin.t " but such as did rather affright than hurt him ; for his majesty, looking on him in that conjuncture as one that suffered in his cause, preferred him first to the parsonage of Stamford-Rivers in Essex (void not long after by the promotion of Montague to the see of Chichester), afterward to the deanery of Worcester, and, finally, to the bishopric of St. David's. This was indeed the way to have his majesty well served, but such as created hirr. some ill thoughts towards the Commons for bis majesty's indulgence to him." Theae disgraceful promotions, strengthened by the translation of Laud himself to the see of London, took place during the prorogation of Parliament, and the feelings with which the Commons reassembled in consequence have already been described.:): Pym took an active part in their debates on the spread of Armin- ianism, and spoke with bitterness of the re- cent promotions. " Who," he asked, " could pretend to ignorance of the articles of the true Protestant religion 1 Had they not been set- tled by the Articles set forth in 1552 ; by the Catechism set forth in King Edward the Sixth's days ; by the writings of Peter Martyr, Martin Bucer, Wicliffe, and others ; by the constant profession, sealed by the blood of so many mar- tyrs, as Cranmer, Ridley, and others ; by the Thirty-nine Articles set forth in Queen Eliza- beth's time ; and by the Articles set forth at Lambeth as the doctrine of the Church of Eng- land, which King James sent to Dort and to Ireland as the truth professed here 1 Lastly, had they not been set forth by his majesty's own declaration and proclamation to maintain unity in the settled religion 1 Yet these are now perverted and abused, to the ruin and sub- version of religion ! Consider the preferments which such have received since the last Parlia- ment who have heretofore taught contrary s to the truth ! Then consider again for what overt acts these men have been countenanced and advanced ! what pardons they have had for false doctrines ! what manner of preaching hath been lately before the king's majesty ! what suppression of books that have been written against their doctrines, and what permitting of such books as have been written for them!" Subsequently Pym propounded certain reme- dial measures, which he urged it to be the duty of the Parliament in general, and of each Chris. * Parl. Hist., vol. viii., p. 151, &c. Rushworth, vol. i., .. 585-593. t Life of Laud, p. 180. T.ifn of Flint, n. 30 i. ooo-aaa. i Life of Eliot, p. 30. tian in particular, to follow, " For," he contin- ued, " howsoever it is alleged that the Parliament are not judges in matters of faith, yet ought they to know the established and fundamental truths, and the contrary to them ;* for Parliaments have confirmed acts of general councils, which have not been received until they have been so au- thorized ; and Parliaments have enacted laws for trial of heretics by juries. The Parliament punished the Earl of Essex for countenancing of heretics ; and there is no court can meet with these mischiefs but the court of Parlia- ment. The convocation cannot, because it is but a provincial synod, only of the jurisdiction of Canterbury, and the power thereof is not adequate to the whole kingdom ; while the con- vocation of York may, perhaps, not agree with that of Canterbury. The High Commission cannot, for it hath its.authority derived from Parliament, and the derivative cannot preju- dice the original. It is, in short, reserved for the judgment of the Parliament, that being the judgment of the king and of the three estates of the kingdom."! The result of these debates was the famous vow or declaration:): respecting religion, which, as Carte takes upon himself to inform us, " Mr. Pym, having the more time to take care of oth- er people's religion because he had very little of his own, drew up, and presented to the House." This was the last great act of that most celebrated Parliament, in which Pym had achieved for himself, almost equally with Eli- ot, the pursuing hatred of the court. Fortu- nately, however, he was not an actor in the stormy and tempestuous scene of its dissolu- tion, and therefore escaped that vengeance by which the popular cause lost so formidable a champion, and himself so dear a friend. But another friend had fallen from his side some few months before, alienated by a worse stroke, in the thought of Pym, than that of im- prisonment or death. Sir Thomas Wentworth had gone over to the court ; and Pym, who is described to have been the only one of the lead- ing popular men, besides Hollis, really intimate with Wentworth, is said to have felt this de- sertion with singular acuteness. Vainly ima- gining that " Mutual league, United thoughts and counsels, equal hope, And hazard in the glorious enterprise," had joined them inseparably, it was probably Pym who, whenever Eliot impugned the trust- in Aikin's Life of Charles, and also in the history from Mackintosh, the following words are attributed to Pym in this debate : " It belongs to Parliament to establish true religion and to punish false." But the passage in the text is the original from which that truly sweeping apophthegm of Parliamentary supremacy and persecution has been ta- ken ; and, it is scarcely necessary to add, it does not by any means authorize such a violent and absurd construction. I had before observed (Life of Eliot, p. 30) that Rushworth's reports of this session are very incorrect, and the words in question are taken from Rushworth. But for the correct speech, see Old Parl. Hist., vol. viii., p. 262-5263. t Oliver Cromwell's first reported speech in Parliament was made on this occasion, and is worth subjoining. He said " that he heard by relation from one Dr. Beard, that Dr. Alablaster had preached flat popery at St. Paul's Cross, and that the Bishop of Winchester (Dr. Neile) commanded him, as he was his diocesan, he should preach nothing to the contrary. He said that Mainwaring, so justly censured for his sermons in this House, was, by this bishop's means, preferred to a rich living. If these are steps to Church preferments, what may we not expect ?" t See the Life of Eliot, p. 32. i) Carte, History, vol. iv., p. 200. JOHN PYM. 155 worthiness of Wentworth, pledged his own faith for him, and so increased for himself the bitterness of the present desertion. Feeling, therefore, in all its force, the truth of one of his own favourite thoughts, hatred now sprang into the place of his former love. The anec- dote which dates the first terrible dawning of the change rests on the cautious authority of Doctor Welwood.* "There had been a long and intimate friendship," he says, "between Mr. Pym and Sir Thomas Wentworth, and they had gone hand and hand in the House of Com- mons. But when Sir Thomas Wentworth was upon making his peace with the court, he sent to Pym to meet him alone at Greenwich, where he began in a set speech to sound Mr. Pym about the dangers they were like to run by the courses they were in, and what advantages they might have if they would but listen to some offers which would probably be made them from the court. Pym, understanding his drift, stopped him short with this expression : You need not use all this art to tell me that you have a mind to leave us ; but remember what I tell you : You are going to be undone ; and re- member also, that though you leave us now, I will never leave you while your head is upon your shoul- ders !' " Pym kept his word. The desperate course of government by pre- rogative now began. Charles, while disrobing himself on the day of the Parliament's dissolu- tion, passionately vowed that he would never put on those robes again ; and, not content with a violent declaration of his reasons for the dissolution, issued a proclamation which forbade even the word Parliament to cross the lips of his people, since he who alone had the power of calling, continuing, and dissolving Parliaments, was the best judge when to as- semble them, and now declared that though such an event might happen, it would only be after the country had evinced a better disposi- tion, and the " vipers of the Commonwealth" had received their condign punishment, and " those who are misled by them had come to a better understanding of his majesty and them- selves." With deep sorrow for the miseries which now, for a time, impended over Eng- land, and afflicted to the soul by the personal sufferings of many of his dearest friends, it may be yet supposed that Pym looked forward de- liberately and undespairingly, since, if for no reason else, he had to keep the appointment he had made with Wentworth. It will be necessary to sketch very briefly the measures by which the executive now sought to enslave the people. The duties of tonnage and poundage, which Charles had solemnly pledged himself never to take but as a gift from his people, were rigor- ously extorted ; warrants were issued by the council to seize the goods of all who attempted to land them without authority, and to detain them till the customs were paid ; and orders were despatched to imprison all who attempted to recover their property by replevin. Richard Chambers a name ever memorable among London citizens courageously appealed from the vengeance of the council ; but he was drag- ged into the Star Chamber, fined 2000, and doomed to imprisonment till he made various * See Memorials of English Affairs, p. 46, 47. abject submissions : these he refused to make, and for twelve years he languished in prison, from which he was released a beggar. Various merchants made attempts to elude these meas- ures by sending their goods beyond the seas ; but nothing is so vigilant as tyranny, and the goods were seized in England, while unlimited orders were issued in consequence to search warehouses, and prevent what was denomina- ted a fraud on the revenue. Equally disgraceful were the taxes imposed for the support of muster-masters of the mili- tia ; coat and conduct money was also exact- ed, while soldiers were billeted as of old. But the grievance which out-Heroded all the rest was the revival of monopolies. This was car- ried to an extent which was truly appalling. Under the pretext, for instance, that certain persons had made discoveries in the manufac- ture of soap, and that the dealers in general imposed a bad article upon the people, these persons were erected into a corporation, and the right of the manufacture and sale of the commodity vested in them exclusively, they having paid ten thousand pounds for their pat- ent, and rendered themselves liable to a tax of eight pounds per ton upon the sale. The ori- ginal pretext, it may be easily supposed, was a lie, the commodity being, in fact, so adultera- ted as to ruin the clothes of the people. In the same manner, almost every article of ordinary consumption, whether of manufacture or not, was exposed to a similar abuse. Upon every- thing, no matter how insignificant, the fetters of monopoly were fixed. Salt, starch, coals, iron, wine, pens, cards and dice, beavers, felts, bone-lace, meat dressed in taverns, tobacco, wine-casks, brewing and distilling, lamprons, weighing of hay and straw in London and Westminster, gauging of red herrings, butter casks, kelp and seaweed, linen cloth, rags, hops, buttons, hats, gutstring, spectacles, combs, to- bacco-pipes, saltpetre, gunpowder, down to the sole privilege of gathering of rags, were all sub- jected to monopolies, and consequently heavily taxed ! Some few of these shocking enormities may be illustrated by extracts from the Rev. Mr. Garrard's letters* to the lord-deputy. " Here is much ado," he writes on one occasion, " about the soap business ; it is very doubtful whether in the end it will stand or no. For the present, it is strongly backed, and I hear a proclamation shall come forth to stop all mouths that speak against it. Commissioners have been appoint- ed : the Lieutenant of the Tower, Sir William Becher, Sir Abraham Williams, Spiller, joined to the lord-mayor and some aldermen. They have had two general washing-days at Guild- hall ; most of them have given their verdict for the new soap to be the better ; yet continual complaints rise up that it burns linen, scalds the laundress's fingers, wastes infinitely in keeping, being full of lime and tallow ; which if true, it is of that use in this kingdom that it will not last. The lord-mayor of London, by the king's commandment, received a shrewd reprimand for his pusillanimity in this business, being afraid of a troop of women that clamor- ously petitioned him against the new soap : my lord-privy-seal, his brother-in-law, was to j ~ ' ____ " _._ See Life of Stratford, p. 91. 156 BRITISH STATESMEN. give it him at the board, and did very sharp- ly."* " Here are two commissions afloat," he writes on another occasion, " which are attend- ed diligently, which will bring, as it is conceiv- ed, a great sum of money to his majesty. The first, concerning the licensing of those who shall have a lease for life to sell tobacco in and about London, and so in all the boroughs and villages in England ; fifteen pounds fine, and as much rent by the year. . . . The other is for buildings in and about London since a procla- mation in the thirteenth of King James." In the cases of the latter, three years' rent, and " some little rent to the king" additional, was exacted by the commissioners as a composi- tion for suffering the buildings to stand. " How far this will spread," Garrard adds, " I know not ; but it is confidently spoken that there are above 100,000 rents upon this string about London. I speak much within compass. For Tuttle [Tothill], St. Giles's, St. Martin's Lane, Drury Lane, Covent Garden, Lincoln's Inn Fields, Holborn, and beyond the Tower from Wapping to Blackwall, all come in, and are li- able to fining for annoyances, or being built con- trary to proclamation, though they have had licenses granted to do so : my Lord of Bed- ford's license in this case, as it is said, will not avail him."t The first notice of coal as an article of export is made thus : " My Lords of Dorset and Holland have obtained a beneficial suit of the king, worth better than 1000 a year apiece to them, for seacoal exported." Then we are startled by the following : " We have very plausible things done of late. The book called the Declaration of the King's for rectifying of taverns, ordinaries, bakers, ostel- ries, is newly come forth. I'll say no more of it ; your agent here will send it to your lord- ship. All back doors to taverns on the Thames are commanded to be shut up : only the Bear at the bridge-foot is exempted, by reason of the passage to Greenwich. To encourage gen- tlemen to live more willingly in the country, all game fowl, as pheasants, partridges, ducks, as also hares, are by proclamation forbidden to be dressed or eaten in any inns, and butchers are forbidden to be graziers. "t The first introduction of hackney-coaches is next commemorated by Mr. Garrard : " Here is one Captain Bailey ; he hath been a sea-cap- tain, but now lives on the land about this city, where he tries experiments. He hath erected according to his ability some four hackney- coaches, put his men in a livery, and appoint- ed them to stand at the Maypole in the Strand, giving them instructions at what rates to carry men into several parts of the town, where all day long they may be had. Other hackneymen seeing this way, they flocked to the same place, and perform their journeys at the same rate, so that sometimes there is twenty of them together, which disperse up and down, so that they and others are to be had anywhere." But now, within two short months of this date, during which time the plan, serving as a com- fort and luxury to the great mass of the people, had succeeded to an extraordinary extent, we find Garrard mentioning " a proclamation com- ing forth about the reformation of hackney- coaches, and ordering of other coaches about London : nineteen hundred was the number of hackney-coaches of London, base lean jades, unworthy to be seen in so brave a city, or to stand about a king's court." Nothing that con- tributed, unencumbered by monopoly, to the comfort of the people, was permitted to con- tinue ! Again Garrard writes, " Here is a proc- lamation coming forth to prohibit all hackney- coaches to pass up and down in London streets ; out of town they may go at pleasure, as here- tofore. Also the attorney-general hath sent to all taverns to prohibit them to dress meat ; somewhat was required of them a halfpenny a quart for French wine, and a penny for sack and other richer wines, for the king ; the gen- tlemen vintners grew sullen and would not give it, so they are well enough served."* No sin- gle thing escaped that had escaped monopoly : the monopolists only were allowed to thrive. Soon after the above we find Garrard mention- ing " a project for carrying people up and down in close chairs, for the sole doing whereof Sir Sander Duncombe, a traveller, now a pension- er, hath obtained a patent from the king, and hath forty or fifty making ready for use." The next enormity which Garrard alludes to in his packets of news is monstrous indeed. " Here is at this present," he says, " a commission in execution against cottagers, who have not four acres of ground laid to their houses, upon a statute made the 31 Eliz., which vexeth the poor people mightily, all for the benefit of the Lord Morton, and the secretary of Scotland, the Lord Sterling : much crying out there is against it, especially because mean, needy, and men of no good fame, prisoners in the Fleet, are used as principal commissioners to call the peo- ple before them, to fine and compound with them."t Subsequently he remarks, " The tav- erns begin to victual again ; some have got leave. 'Tis said that the vintners within the city will give 6000 to the king to dress meat as they did before ; and the suburbs will yield somewhat. "J Such illustrations, curious and valuable as they are, considering the source whence they proceed, and to whom they are addressed, might be largely indulged ; but one more will serve. " Here," writes Garrard, "here are abundance of new projects on foot, upon seacoal, salt, malt, marking of iron, cut- ting of rivers, setting up a new corporation in the suburbs of London much opposed by the Londoners and many others. Where profit may come to the king, let them pass ; but to enrich private men, they have not my wishes. Discontinuance of Parliaments brings up this kind of grain, which commonly is blasted when they come." And all these fearful outrages were commit- ted upon the people, while there was probably not a single family in England, with the small- est share of education or intelligence, in whose house a copy of the famous PETITION of RIGHT * Strafford's Papers, vol. i., p. 507. t Ibid., vol. i., p. 206. t Ibid., vol. i., p. 176. t> Rnshworth has recorded that in the first year of Charles there were not above twenty coaches to be had for hire in and about London. " The grave judges of the law," he adds, "constantly rid on horseback, in all weathers, to Westminster.'' Collections, vol. ii., p. 317. * Straffbrd Papers, vol. i., p. 507. t Ibid., vol. i., p. 117. t Ibid., vol. i., p. 262. Ibid., vol. ii., p. 55. JOHN PYM. 157 might not be found ! But this consideration it was, beyond every other, that still sustained with the strongest hope, during the twelve terrible years' continuance of such outrages, such men as Pym and Hampden. It was this which, even while their friend Eliot sank to his death under the murderous vengeance of the court, and while others of their friends, as Noy, Digges, Littleton, and Glanville, crept over to the side of the public enemy it was this which reassured them that least of all were they then to despair. The breath of God was not to be monopolized, neither was the petition of rights to be recalled. In enforcement of the illegal patents and proclamations of the king, most grievous com- missions also were granted, to one or two of which Garrard's correspondence has alluded. They were such, for instance, as a commission touching cottages and inmates ; another about services ; one for compounding with offenders for transporting butter ; another for compound- ing with those who used or imported logwood ; one to compound with sheriffs, and such as had been sheriffs, for selling under-sheriffs' places ; another for compounding for the de- struction of wood in iron works ; another for concealments, and encroachments within twen- ty miles of London ; and the list might be stretched indefinitely. Nor had the resources of tyranny expended themselves here. Under the candid pretext of curing defects in titles of land, a proclama- tion was issued, proposing to grant new titles upon the payment of a reasonable composition ; and all who declined to avail themselves of this general offer from the court were threat- ened, in no measured terms, with the loss of their property : nor, indeed, were such cases unfrequent. Many pretended flaws in titles were dragged into the courts, where a parcel of obsequious judges sat ready to establish the objections. Even the form of the judges' pat- ents was changed to fix their slavish depend- ance more surely ! The old clause, guamdiu se bene gesserit was changed into durante bene placito, and the benefit of the first clause was even denied to one judge who had received his patent before the change, because he was thought too upright for the designs in hand.* Other means, too, were adopted to bring the civil government of England into unison with these enormities. The jurisdiction and pow- ers of the courts of Star Chamber and High Commission were enlarged to a most extraor- dinary degree. New illegal oaths were en- forced, and new courts, with vast powers, erected without colour of law ; and when com- missions were issued for examining into the extent of fees that were complained of, the commissioners compounded with the delin- quents, not only for their past offences, but their future extortions. Finally, the orders of the council board were received as positive law. Clarendon tells us that Finch, who, for * See May's History, p. 17. Hut. Mem., vol. i., p. 132. Whitelocke's Memorials, p. 16. For the various authori- ties in support of the text, see Mr. Brodie (Hist, of Brit. Emp., vol. ii., p. 275-286) ; also Rushworth, throughout his first and third volumes of Collections ; Old Parl. Hist., vol. ix., p. 62, et seq. ; Hilyard's Case ; Clarendon's Life, p. 37, 73 ; May's History j Aikin's Charles the First ; and Strafford's Letters. his conduct in the late Parliament, had been promoted to the office of lord-keeper of the great seal, now boldly declared " that while he was keeper no man should be so saucy as to dispute orders of the council board, but that the wisdom of that board should be always ground enough for him to make a decree in chancery." An extract from the same noble historian shall complete my sketch of the civil govern- ment of England at this period. " Supple- mental acts of state were made to supply de- fect of laws ; and so tonnage and poundage, and other duties upon merchandises, were col- lected by order of the board, which had been positively refused to be settled by act of Par- liament, and new and greater impositions laid upon trade ; obsolete laws were revived and vigorously executed, wherein the subject might be taught how unthrifty a thing it was, by too strict a detaining of what was his, to put the king as strictly to inquire what was his own. And by this ill husbandry the king received a vast sum of money from all persons of quality, or, indeed, of any reasonable condition, through- out the kingdom, upon the law of knighthood. And no less unjust projects of all kinds many ridiculous, many scandalous, all very grievous were set on foot, the envy and reproach of which came to the king, the profit to other men. To recompense the damage the crown sustained by the sale of the old lands and by the grant of new pensions, the old laws of the forest were revived, by which not only great fines were imposed, but great annual rents intended, and like to be settled by way of con- tract ; which burden lighted most upon persons of quality and honour, who thought themselves above ordinary oppressions, and were, there- fore, like to remember it with more sharpness. For the better support of these extraordinary ways, and to protect the agents and instru- ments who must be employed in them, and to discountenance and suppress all bold inquirers and opposers, the council table and Star Cham- ber enlarged their jurisdictions to a vast ex- tent, < holding' (as Thucydides said of the Athe- nians) ' for honourable that which pleased, and for just that which profited ;' and being the same persons in several rooms, grew both courts of law to determine rights, and courts of revenue to bring money into the treasury the council table by proclamations enjoining to the people what was not enjoined by the law, and prohibiting that which was not prohibited, and the Star Chamber censuring the breach, and disobedience to those proclamations, by very great fines and imprisonment, so that any disrespect to acts of state, or to the persons of statesmen, was in no time more penal, and those foundations of right, by which men val- ued their security, to the apprehension and un- derstanding of wise men, never more in dan- ger to be destroyed."* The reader will scarce- ly conceive this picture capable of aggrava- tion ; but the noble historian afterward pro- ceeds, very dryly, to tell how the people chiefly borne down by these terrible measures were Protestants, while the Papists were not only encouraged, but protected, as the chief promo- ters of the mischief. " They grew," he says, * Hist, of Rebellion, vol. i., p. 119-122. 158 BRITISH STATESMEN. " not only secret contrivers, but public pro- fessed promoters of, and ministers in, the most grievous projects ; as that of soap, formed, framed, and executed by almost a corporation of that religion, which, under that license and notion, might be, and were suspected to be, qualified for other agitations." No wonder the Roman Catholics were hated ! It is to be add- ed, that whatever trifling fragments of law or protection might be supposed to remain to the people still, were utterly swept away from a long line of northern counties by the terrible administration of the presidency of the North. Yet the king continued poor ! His advocate has hinted a justification of him in the extract just given, to the effect that while the reproach of these monstrous extortions came to him, the profit went to other men ; but this is much more in the nature of an aggravation. When Charles found that the case was so, it served him only as a better excuse for breaking down the spirit of the people by still heavier burdens. What Clarendon has said is indeed quite true, that the tax upon the community was infinitely beyond what came into the Exchequer. For the monopoly of wine, for instance, the king received only 38,000 per annum ; but then the vintners paid 40s. per tun to the patentees, which, upon 45,000 tuns, raised the tax to 90,000. The vintners, again, imposed 2d. per quart, which raised it to 8 per tun, or 360,000 nearly twelve times as much as went into the Exchequer.* And so with other impositions. The difficulties of the court, therefore, in the disastrous career they had entered on, were only becoming, day by day, more imminent, when the famous invention of Mr. Attorney-general Noyt came in to give a longer lease to tyranny, and make more fatal its final redemption. " Lastly" (I again avail myself of the lan- guage of Lord Clarendon), " for a spring and magazine that should have no bottom, and for an everlasting supply of all occasions, a writ was framed in a form of law, and directed to the sheriff of every county of England, ' to provide a ship of war for the king's service, and to send it, amply fitted and provided, by such a day to such a place ;' and with that writ were sent to each sheriff instructions that, * See the Old Pail. Hist., vol. ix., p. 62, et seg. t " He was a man," says Dr. Heylin, in his Life of Laud, p. 301, "extremely well versed in old records, with which consulting frequently in the course of his studies, he had excerpted and laid by many notes and precedents for the king's levying of such naval aid upon the subjects, by his own authority, whensoever the preservation and safety of the kingdom did require it of them ; which notes and pre- cedents, taken as they came in his way, on small pieces of paper (most of them no bigger than one's hand), he kept in the coffin of a pye, which had been sent him by his mother, and kept there till the mouldincss and corruptibleness had perished many of his papers." The singularity of Noy's manners gives colour to this story. I cannot resist subjoin- ing another anecdote, which seems a proof, in a certain sort, that Noy winced a little under his new position, after, as his friends used to say, "he was bewitched to become the king's." When created attorney-general, a messenger, as usual, was sent to attend on him ; but, after enduring his presence with very angry scowlings for a few days, Noy could not bear it any longer. He ordered him to get home and hide himself, " lest the people, who have always seen me walk free and alone, should fancy me a state prisoner." See Wood's Ath. Oxon., vol. ii., p. 582. Noy died soon after his discoveries in the matter of ship-money, and they were wonderfully improved upon by Finch: see Hallam's Const. Hist., vol. ii., p. 16-21. For admirable characters of Noy and Finch, see Clarendon's Hist., vol. i., p. 129-131. ' instead of a ship, he should levy upon his county such a sum of money, and return the same to the treasurer of the navy for his maj- esty's use, with direction in what manner he should proceed against such as refused ;' and from hence that tax had the denomination of SHIP-MONEY ; a word of lasting sound in the mem- ory of this kingdom, by which for some years really accrued the yearly sum of 200,000 to the king's coffers ; and it was, in truth, the only project that was accounted to his own service." A lively illustration of the manner in which this tax was worked will be supplied by one or two extracts from Garrard's letters to the Lord-deputy of Ireland. In one letter* he writes, " In my last I advertised your lordship that the Mayor of London received some rep- rimand for being so slow in giving answer to the writ sent into the city about the shipping business ; afterward the city council were called before the Lords, and received some gentle check, or, rather, were admonished to take heed how they advised the city in a case so clear for the king, wherein his majesty had first advised with his learned counsel and with his council of state. It wrought this effect, that they all yielded, and instantly fell to seiz- ing in all the wards of London. It will cost the city at least 35,000. They hoist up the merchant strangers, Sir William Curtyre, 360 ; Sir Thomas Cuttcale, 300 : great sums to pay at one tax, and we know not how often it may come. It reaches us in the Strand, being with- in the liberties of Westminster, which furnish- eth out one ship. My Lord of Bedford, 60 ; my Lord of Salisbury, 25 ; my Lord of Clare, 40 ; the lord-keeper and lord-treasuer, 20 apiece : nay, lodgers, for I am set at 40s. Giv- ing subsidies in Parliament, I was well content to pay to, which now hath brought me into this tax ; but I tell my Lord Cottington that I had rather give and pay ten subsidies in Parliament than Ws. this new-old way of dead Noye's. Let- ters are also gone down to the high sheriffs of the maritime counties to quicken them. Have you heard the answer given by a great lord that hath been a judge 1 ' 'Tis true this writ hath not been used when tonnage and pound- age was granted, now 'tis not, but taken by prerogative, ergo, this writ is now in full force.' " On a subsequent occasion he writes, " The sheriff of Sussex sent up to the Lords to re- ceive their farther directions what he was to do, giving them information that seven or eight poor towns in that county stood out, and would not pay towards the shipping. But as soon as they heard that the sheriff, by a new command, began to distrain, they came roundly in and paid their money. "t The lord-deputy speedily corrected his correspondent's complaints about the tax, having furnished the court with his opinion that it was " the greatest service the legal profession had done the crown in his time ;" while he added, " but unless his majes- ty hath the like power declared to raise a land army upon the same exigent of state, the crown seems to me to stand but upon one leg at home, to be considerable but by halves to foreign prin- ' ces abroad ; yet sure this, methinks, convinces * Strafford Papers, vol. i., p. 358. t Ibid., vol. i., p. 372. JOHN PYM. a power for the sovereign to raise payments for land forces, and consequently submits to his wisdom and ordinance the transporting of the money or men into foreign states, so to earry, by way of prevention, the fire from our selves into the dwellings of our enemies (an art which Edward III. and Henry V. well un- derstood) ; and if, by degrees, Scotland and Ireland be drawn to contribute their propor- tions to these levies for the public, omne tulit punctum. Well fortified," Wentworth contin- ued, " this piece forever vindicates the royalty at home from under the conditions and re- straints of subjects, and renders us also, abroad, even to the greatest kings, the most considera- ble monarchy in Christendom."* Stimulated thus, the court partially extended their viewi that way, and, advancing gradually from the maritime districts, levied the hated tax upon almost every man in England. " For home news," Garrard writes in one of his subsequent letters,! " the shipping business goes on cur- rently all over England, so 'tis apprehended at court. Some petitions have been offered to the king from poor towns, which he hath re- ferred to his council." Again : " The London- ers have not been so forward in collecting the ship-money, since they have been taught to sing Hey-down-derry, and many of them will not pay till after imprisonment, that it may stand upon record they were forced to it. The assessments have been wonderful unequal and unproportionable, which is very ill taken, it being conceived they did it on purpose to raise clamour through the city." And again, he writes, " Your lordship is very right, that there is no reason all public works should be put upon the crown. And yet you see how un- willing the people are to contribute to any, be it never so honourable or necessary for them- selves. Witness the ship-money, which at this very present ending of the term is under argu- ment in the Exchequer chamber before all the judges, brought thither upon a case of Mr. Hambden's, as I think ; but I am sure, either upon a case of his or the Lord Say's. So have you the greatest news of the time." Great news this was indeed ! Many men had resisted ship-money ; many poor men had been flung into prison for refusing to pay it, and lay there languishing and unknown ; many rich men had vainly stirred themselves against it ; but at last, in the person of Hampden, the pop- ular party prepared to make their final and re- solved resistance, and in his great name all the renown of that resistance has been absorbed. J Pym and St. John were Hampden's close counsellors in the interval before the public tri- al, and six months were passed in preparations on both sides. At last, after a display of extra- * Strafford Papers, vol. ii., p. 61, 62. t Ibid., vol. i., p. 468. i It may be observed, at the same time, that doubtless the court party were to be consulted as to the choice of a person in whose case the right of resistance was to be deci- ded, since up to this period, when refusers of ship-money had gone before the courts, the judges on circuit had over- ruled, or declined to entertain, any plea founded on the assumed illegality of the imposition, and thus the question of right had remained undecided. Unable, however, to re- sist any longer the demand for a settlement of the question, it is probable that the king's party thought that, in its progress, the "affability and temper" of Hampden as an opponent would serve them best. It is certain that Lord Say and Sele was distinctly refused a trial. ordinary learning and power on the part of St. John, till then almost unknown in the courts, and a scarcely less remarkable exhibition of venal prostitution of research on the part of the crown lawyers, judgment was pronounced in favour of ship-money, and against the illus- trious defendant, by nine out of the twelve judges. Of the three dissentients Hutton,* Croke, and Denham Croke would also have given judgment for the crown, had not his wife, a lady of eminent piety and a truly heroic spir- it, sustained his sinking virtue. " She told him," says Whitelocke.t " she hoped he would do nothing against his conscience, for fear of any danger or prejudice to her or his family ; and that she would be contented to suffer want, or any misery with him, rather than be the oc- casion for him to do or say anything against his judgment or conscience." Lord Clarendon observes that this decision " proved of more advantage and credit to the gentleman condemned than to the king's ser- vice. Men before," he adds, "pleased them- selves with doing somewhat for the king's ser- vice, as a testimony of their affection, which they were not bound to do ;% many really believing the necessity, and therefore thinking the burden reasonable. But when they heard this demand- ed in a court of law as a right, and found it, by sworn judges of the law, adjudged so, upon such grounds and reasons as every stander-by was able to swear was not law, and so had lost the pleasure and delight of being kind and dutiful to the king ; and instead of giving were required to pay, and by a logic that left no man anything which he might call his own ; when they saw in a court of law (that law that gave them title to, and possession of, all that they had) rea- sons of state urged as elements of law, judges as sharpsighted as secretaries of state, and in * Hutton was a friend of Lord Weutworth's, and address- ed a long and curious letter to him, exculpatory of the hon- est course he pursued on this question. I subjoin a char- acteristic extract from the lord-deputy's reply : " Con- sidering it is agreed by common consent that in time of public danger and necessity such a levy may be made, and that the king is therein sole judge how or in what manner or proportion it is to be gathered, 1 conceive it was out of humour opposed by Hambdeu, beyond the modesty of a sub- ject, and that reverence wherein we ought to have so gra- cious a sovereign ; it being ever to be understood, the pros- pects of kings into mysteries of state are so far exceeding- those of ordinary common persons, as they be able to discern and prevent dangers to the public afar off, which others shall not so much as dream of till they feel the unavoidable stripes and smart of them upon their naked shoulders ; be- sides, the mischief which threatens states and people are not always those which become the object of every vulgar eye, but then commonly of most danger when least discov- ered nay, very often, if unseasonably over early published, albeit privately known to the king long before, might rather nflame than remedy the evil ; therefore it is a safe rule for us all, in the fear of God, to remit these supreme watches o that regal power, whose peculiar indeed it is ; submit ourselves in these high considerations to his ordinance, as >eing no other than the ordinance of God itself ; and rather attend upon his will, with confidence in his justice, belief n his wisdom, assurance in his parental affections to his ubjects and kingdoms, than feed ourselves with the curi- ous questions, with the vain flatteries of imaginary liberty, which, had we even our silly wishes and conceits, were we o frame a new Commonwealth even to our own fancy, night yet, in conclusion, leave ourselves less free, less hap- iy than now, thanks be to God and his majesty, we are, iay, ought justly to be, reputed by every moderate-minded Christian." t Memorials, p. 25. t But they were, before the decision, bound to obey the ax, and that by sharper conditions than attended any other levy. These and other expressions of Lord Clarendon in the extract are artful misrepresentations, easily seen through: the extract is very valuable evidence, notwithstanding. 160 BRITISH STATESMEN. the mysteries of state, judgment of law ground- ed upon matter of fact, of which there was nei- ther inquiry nor proof, and no reasons given for the tax in question but what included the estates of all the standers-by, they no more looked upon it as the case of one man, but the case of the kingdom, nor as an imposition laid upon them by the king, but by the judges, which they thought themselves bound in conscience to the public justice not to submit to." In oth- er words, the event justified the policy of the leaders of the people, and they now quietly re- sumed their former position, hopeful and de- termined. Laud soon wrote to Wentworth that the " faction are grown very bold, and the king's moneys come in a great deal more slow- ly than they did in former years, and that to a very considerable sum ;"* and Whitelocke closes his description of the proceedings with these words : " Hampden and many others of quality and interest in their counties were un- satisfied with the judgment, and continued, with the utmost of their power, in opposition to it, yet could not at that time give any other stop or hinderance ; but it remained, alia mente repostum." Leaving it thus, for a time, in the minds of Pym and Hampden, it is now necessary in completion of such a sketch of the present gov- ernment of England as will be thought essen- tial to a right judgment of the exertions of Pym's latter life that I should slightly revert to Laud's administration of religious affairs. It was frightfully consistent with the view that has been furnished of the condition of civil matters. The barbarous punishment of Leigh- ton^ the Scotch divine ; the cruel persecution of Balmerinot at Edinburgh ; the shocking se- verities that were practised upon Prynne, Bur- ton, and Bastwick,^ need only be alluded to to * Strafford Papers, vol. ii., p. 170. t See Rushworth, vol. ii., p. 55; Whitelocke, p. 15; Neal, vol. i., p. 547 ; aud see Laud's Diary for November 16, 1630. t See Carte, vol. iv., p. 222. State Trials, vol. iii., &c. Q See Laud's Diary ; Neal's History of the Puritans ; Rushworth, vol. ii., p. 220, et seg. Heylin's Life of Laud, 249, " Sir Robert Philips," wrote Garrard to the lord-depu- ty on the 10th of May, 1638, " Sir Robert Philips, your old acquaintance, has died of a cold choked with phlegm." Strafford Papers, vol. ii., p. 164. JOHN PYM. 163 had perished in his prison. But it was a great and redeeming consolation to Pym that Hamp- den still sat by his side, and that up to the close of their illustrious career the most intimate private friendship henceforth united them even more closely, if that were possible, than the great public objects they pursued in common. Hitherto Hampden had been " rather of reputa- tion in his own country than of public discourse or fame in the kingdom ;" but the business of ship-money had made him the argument of all tongues ; and to the toils and perils of public life he n>>w, by Pym's side, entirely devoted himself. He brought up all his family to Lon- don from their seat in Buckinghamshire, which only at a few chance intervals he ever saw again ; and it is an additional proof of the close intimacy I speak of, that henceforward they lived in lodgings near Pym's house,* which was then in Gray's Inn Lane, until the commence- ment of the following Parliament, when Pym having changed his residence to Westminster, Hampden removed there also.f Before the meeting of the present Parliament, I should also mention, they had ridden together through several of the English counties, less with the view, as Anthony a Wood states, of " promo- ting elections of the Puritanical brethren," than of urging the people to meet and send petitions to the House of Commons as soon as possible after it had assembled. Petitioning Parliament was first organized thus, as a system, by Pym and Hampden. The result was sensibly felt the day after the delivery of the king's speech, when several county members rose and pre- sented petitions from their respective counties,t complaining of ship-money projects and monop- olies, the Star Chamber and High Commission courts, and other heavy grievances. Hence though the king had, at the close of the lord- keeper's speech the day before, distinctly asked of the House that they should proceed at once to the consideration of the Scotch business with a view to supplies, and for this purpose had specially ordered the lord-keeper's speech and his own to be entered on the journals even the Royalist members of the House could not but recognise, after the presentation of such a series of petitions from the people they represented, a certain sort of " divided duty." This was exactly the occasion Pym had sought, and he availed himself of it. " While men gazed upon each other," says Lord Clarendon, " looking who should begin (much the greater part having never before sat in Parliament), Mr. Pym, a man of good repu- tation,^ but much better known afterward, who had been as long in those assemblies as any man then living, brake the ice ; and in a set discourse of above two hours, after mention of the king with profound reverence, and com- mendation of his wisdom and justice, he ob- served, ' that by the long intermission of Par- liaments many unwarrantable things had been practised, notwithstanding the great virtue of his majesty ;' and then enumerated all the proj- ects which had been set on foot ; all the ille- * See Lord Nugent's Memorials of Hampden, vol. i., p. 296. t See Clarendon's Life. $ Rushworth, vol. iii., p. 1131. Q Whitelocke thus describes him : " Master Pym, an an- cient gentleman of great experience in Parliamentary af- fairs, and no less known fidelity to his country." gal proclamations which had been published, and the proceedings which had been upon those proclamations ; the judgment upon ship-money, and many grievances which related to the ec- clesiastical jurisdiction ; summing up shortly and sharply all that most reflected upon the prudence and justice of the government, and concluding ' that he had only laid that scheme before them that they might see how much work they had, to do to satisfy their country, the method and manner of the doing whereof he left to their wisdoms.' " To this may be added the characteristic description given by May, the historian of the Long Parliament : " Master Pym, a grave and religious gentleman, in a long speech of almost two hours, recited a cat- alogue of the grievances which at that time lay heavy on the Commonwealth, of which many abbreviated copies, as extracting the heads only, were with great greediness taken by gentlemen, and others throughout the kingdom, for it was not then in fashion to print speeches of Parlia- ment." The effect of this speech was so extraordi- nary throughout England, that it has been made matter of general comment with all the histo- rians of the period. The only reference they are able to give, however, is to the abstract supplied by Rushworth ;* and this seemed to me to be so unsatisfactory a version, that I commenced a search among the pamphlets at the British Museum, in the hope that some pub- lication of a speech that had produced such re- sults, and which might possibly have taken place with Pym's authority, had escaped the notice of the indefatigable collector. This hope was not disappointed ; and some extensive ex- tracts shall now be laid before the reader, from a report 'which received the subsequent correc- tion of Pym himself. These extracts are re- markable on every account : they do not simply illustrate the period better than any laboured history can ; they will be found to mark, also, most emphatically, a certain grave and subdued style and manner in the speaker, which singu- larly contrasts with his tone at the meeting of the Parliament that followed. It is as though he spoke and doubtless he did speak with the thorough knowledge that, as the present Par- liament had been called by the king, the next was to be forced into existence by the people. The report is given in the third person, and opens thus : " Never Parliament had greater businesses to dispatch, nor more difficulties to encounter ; therefore wee have reason to take all advanta- ges of order and addresse, and hereby wee shall not only doe our owne worke, but dispose and inable ourselves for the better satisfaction of his majestie's desire of supply. The grievances being removed, our affections will carry us with speede and cheerefulnesse, to give his majestic that which may be sufficient both for his hon- our and support. Those that in the very firet place shall endeavour to redresse the grievan- ces, will be found not to hinder, but to bee the best furtherers of his majestie's service. Hee that takes away weights doth as much advantage motion as he that addeth wings. Divers pieces of this maine worke have heene already pro- pounded ; his endeavour should be to present * Vol. iii., p. 1131. Old. Purl. Hist., vol. viii., p. 425. 164 BRITISH STATESMEN. to the House a modell of the whole. In the | creation, God made the world according to that i idea or forme whicn was eternally pre-existent I in the divine minde. Moses was commanded to frame the tabernacle after the patterne shew- ed him in the mount. Those actions are seldome well perfected in the execution which are not first well moulded in the designe and proposition." In such passages as these, for abundance of argument, and weight, no less than closeness of reasoning, the eloquence of Pym approaches to the more deliberate compositions of Lord Bacon. " He said he would labour to contract those manifold affaires, both of the Church and State, which did so earnestly require the wisdome and faithfulnesse of this House, into a double meth- od of grievances and cures. And because there wanted not some who pretended that these things wherewith the Commonwealth is now grieved are much for the advantage of the king, and that the redresse of them will be to his majestie's great disadvantage and losse (hee said), he doubted not but to make it appeare that in discovering the present great distem- pers and disorders, and procuring remedie for them, we should bee no lesse serviceable to his majestic, who hath summoned us to this great councell, than usefull to those whom we doe here represent. For the better effecting where- of he propounded three maine branches of his discourse. In the first (he said) he would offer them the severall heads of some principal! grievances under which the kingdome groaned. In the second he undertook to prove that the disorders from whence those grievances issued were as hurtfull to the king as to the people. In the third he would advise such a way of healing and removing those grievances as might bee equally effectuall to maintaine the honour and greatnesse of the king, and to procure the prosperitie and contentment of the people. " In the handling whereof he promised to use such expressions as might mitigate the sharpnesse and bitternesse of those things whereof he was to speake, so far as his duty and faithfulnesse would allow. It is a great prerogative to the king, and a great honour at- tributed to him, in a rnaxime of our law, that he can doe no wrong ; he is the fountaine of justice; and, if there be any injustice in the execution of his commands, the law casts it upon the ministers, and frees the king. Actim- tie, life, and vigour are conveyed into the sublu- nary creatures by the influence of Heaven; but the malignitie and distemper, the cause of so many epidemicall diseases, doe proceed from the noysome vapours of the earth, or some ill affected qualities of the aire, without any infection or alteration of those pure, celestiall, and incorruptible bodies. In the like manner (he .said), the authoritie, the power, and countenance of princes may concur in the actions of evill men, without partaking in the injustice and obliquitie of them. These matters whereof we complaine have been pre- sented to his majestie, either under the pre- tence of royall prerogatives, which he is bound to maintaine, or of publike good, which is the most honourable object of regall wisdome. But the covetous and ambitious designes of others have interposed betwixt his royall intentions and the happinesse of his people, making those things pernicious and hurtfull which his majes- tie apprehended as just and profitable." How admirable is the grace and modesty of expression in the first passage that follows, and how thoughtful and comprehensive the tone of the rest ! " He said, the things which he was to pro- pound were of a various nature, many of them such as required a very tender and exquisite consideration. In handling of which, as he would be bold to use the libertie of the place and relation wherein he stood, so he would be very carefull to expresse that modestie and hu- militie which might be expected by those of whose actions he was to speake. And if his judgement or his tongue should slip into any particular mistake, he would not thinke it so great a shame tofaile by his own weaknesse, as he should esteem it an honour, and advantage to be corrected, by the wisdome of that House to which he submitted himselfe, with, this protestation, that he desired no reformation so much as to rcforme himselfe. " The greatest libertie of the kingdome is re- ligion ; thereby we are freed from spirituall evils, and no impositions are so grievous as those that are laid upon the soule. The next great libertie is justice, whereby we are preserved from injuries in our persons and estates ; from this is derived into the Commonwealth peace, and order, and safety ; and when this is inter- rupted, confusion and danger are ready to over- whelm all. The third great libertie consists in the power and priviledge of Parliaments ; for this is the fountaine of law, the great councell of the kingdome, the highest court ; this is in- abled, by the legislative and consiliarie power, to prevent evils to come ; by the judiciarie power, to suppresse and remove evils present. If you consider these three great liberties in the order of dignitie, this last is inferiour to the other two, as meanes are inferiour to the end ; but if you consider them in the order of necessitie and use, this may justly claime the first place in our care, because the end cannot be obtained without the meanes ; and if we doe not preserve this, we cannot long hope to enjoy either of the other. Therefore (he said), being to speake of those grievances which lie upon the kingdome, hee would observe this order : " 1. First to mention those which were against the priviledge of Parliaments. 2. Those which were prejudiciall to the religion estab- lished in the kingdome. 3. Those which did interrupt the justice of the realme in the lib- ertie of our persons and propriety of our es- tates. " The priviledges of Parliament were not given for the ornament or advantage of those who are the members of Parliament. They have a reall use and efficacie towards that which is the end of Parliaments. We are free from suits that we may the more intirely ad- dict ourselves to the publike services ; we have, therefore, libertie of speach, that our counsels may not be corrupted with feare, or our judgements perverted with selfe respects. Those three great faculties and functions of Parliament, the legislative, judiciarie, and con- siliarie power, cannot be well exercised with- out such priviledges as these. The wisdome of our laws, the faithfulnesse of our counsels, the JOHN PYM. 165 righteousnesse of our judgements, can hardly be kept pure and untainted if they proceed from distracted and restrained mindes. " It is a good rule of the morall philosopher, Et non ladas mentem gubernatricem omnium ac- tionum. These powers of Parliament are to the bodie politike as the rationall faculties of the soule to a man : that which keepes all the par Is of 'the Commonwealth in frame and temper, ought to be most carefully preserved in that freedome, vigour, and activitie which belongs to its selfe. Our predecessors in this House have ever beene most carefull in the first place to settle and se- cure their priviledges ; and (he said) he hoped that we, having had greater breaches made upon us than heretofore, would be no lesse ten- der of them, and forward in seeking reparation for that which is past, and prevention of the like for the time to come. " Then hee propounded divers particular points wherein the priviledge of Parliament had beene broken. First, in restraining the members of the House from speaking. Sec- ondly, in forbidding the speaker to put any question. " These two were practiced the last day of the last Parliament (and, as was alledged, by his majestie's command) ; and both of them trench upon the very life and being of Parlia- ments ; for if such a restraining power as this should take root and bee admitted, it will be im- possible for us to bring any resolution to per- fection in such matters as shall displease those about the king. " Thirdly, by imprisoning divers members of the House for matters done in Parliament. Fourthly, by indictments, informations, and judgements in ordinary and inferiour courts, for speaches and proceedings in Parliaments. Fifthly, by the disgraceful order of the King's Bench, whereby some members of this House were injoyned to put in securitie of their good behaviour ; and for refusall thereof were con- tinued in prison divers yeares, without any particular allegation against them. One of them was freed by death.* Others were not dis- missedf till his majestic had declared his inten- tion to summon the present Parliament. And this he noted not onely as a breach of priviledge, but as a violation of the common justice of the kingdome. Sixthly, by the sudden and abrupt dissolution of Parliaments, contrary to the law and custom. " Often hath it beene declared in Parliaments that the Parliament should not be dissolved till the petitions be answered. This (he said) was a great grievance, because it doth prevent the redresse of other grievances. It were a hard case that a private man should bee put to death without being heard. As this represent- ative body of the Commons receives a being by the summons, so it receives a civill death by the dissolution. Is it not a much more heavie * This allusion to Eliot is interesting ; and I should add that, two or three days after, Pym moved " that it be re- ferred to the committee of the Tower to examine after what manner Sir John Eliot came to his death, his usage in the Tower, and to view the rooms and places where he was im- prisoned, and where he died, and to report the same to the House." I have not been able to find the report. The terms of the notice are very remarkable, and suggest other notions besides that of Pym's affection for his old friend. t That is, not released from bail. They were all released from prison before Eliot. doome by which we lose our being, to have this civill death inflicted on us in displeasure, and not to be allowed time and libertie to an- swer for ourselves 1 that we should not onely die, but have this mark of infamy laid upon us ? to bee made intestabiles, disabled to make our wills, to dispose of our businesse, as this House hath always used to doe before adjournments or dissolutions 1 Yet this hath often beene our case ! We have not beene permitted to poure out our last sighes and groanes into the bo- some of our deare soveraigne. The words of dying men are full of piercing affections ; if we might bee heard to speake, no doubt we should so fully expresse our love and faithfulnesse to our prince, as might take off the false sugges- tions and aspercions of others : at least we should in our humble supplications recommend some such things to him in the name of his people as would make for his owne honour and the publike good of his kingdome. " Thus he concluded the first sort of griev- ances, being such as were against the priviledge of Parliament, and passed on to the next, con- cerning religion, all which hee conveyed under these four heads. The first was the great en- couragement given to poperie, of which he pro- duced these particular evidences: 1. A sus- pension of all laws against Papists, whereby they enjoy a free and almost publike exercise of that religion. Those good statutes which were made for restraint of idolatrie and super- stition are now a ground of securitie to them in the practice of both, being used to no other end but to get money into the king's purse ; which, as it is clearly against the intentions of the law, so it is full of mischiefe to the kingdome." Here Pym interposed a few words, which vindicate his memory from the charge that has so often beene urged against it, of religious big- otry and intolerance. Laud's indulgences to the Catholics may possibly be thought now- adays, and justly so thought, unworthy of ei- ther regret or blame ; but let the reader place himself in the position of a Protestant Noncon- formist of that period, and think of the hard- ships he would have suffered for refusing to bow his conscience to certain prescribed for- mulae in doctrine and ceremoniall, and contrast them next with these Catholic indulgences ; or, considering himself only as a statesman bent on the achievement of responsible govern- ment, let him, knowing the connexion in that day of popery with absolute power, observe the eager servility with which the " indulged" Catholics sought to make themselves, upon ev- ery occasion, the most active instruments of Charles's despotism. Thoroughly was Pym justified in saying what follows ! " By this means a dangerous party is cher- ished and increased, who are ready to close with any opportunitie of disturbing the peace and safety of the state. Yet (hee said) hee did not desire any new laics against poperie, or any rigorous courses in the execution of those alreadie in force : he was far from seeking the ruin of their persons or estates ; onely he icish't they might be kept in such a condition as should restraine them from doing hurt. " It may bee objected, there are moderate and discreet men amongst them, men of es- tates, such as have an interest in the peace 166 BRITISH STATESMEN. and prosperitie of the kingdome as well as wee. These (hee said) were not to be considered ac- cording to their owne disposition, but according to the nature of the body whereof they are par- ties. The planets have severall and particular motions of their owne, yet they are all rapt and transported into a contrarie course by the su- perior orbe which comprehends them all. The principles of poperie are such as are incompat- ible with any other religion. There may be a suspension of violence for some by certain re- spects ; but the ultimate end even of that mod- eration is, that they may with more advantage extirpate that which is opposite to them. Laws will not restrain them oathes will not. The pope can dispense with both these, and where there is occasion, his command will move them to the disturbance of the realme, against their owne private disposition yea, against their owne reason and judgement to obey him ; to whom they have (especially the Jesuiticall par- ty) absolutely and intirely obliged themselves, not onely in spiritual matters, but in temporal, as they are in order ad spiritualia. Henry III. and Henry IV. of France were no Protestants themselves, yet were murthered because they tolerated the Protestants. The king and the kingdome can have no securitie but in their weaknesse and disabilitie to do hurt. " 2. A second incouragement is their admis- sion into places of power and trust in the Com- monwealth, whereby they get many depend- ants and adherents, not onely of their owne, but even of such as make profession to be Protest- ants. 3. A third, their freedome of resorting to London and the court, whereby they have opportunitie, not onely of communicating their counsels and designes one to another, but of diving into his majestie's counsels, by the fre- quent accesse of those who are active men amongst them, to the tables and company of great men ; and, under subtile pretences and disguises, they want not means of cherishing their owne projects, and of indeavouring to mould and biasse the publike affairs to the great advantage of that partie. 4. A fourth, that as they have a congregation of cardinals at ROme, to consider of the aptest wayes and means of establishing the pope's authoritie and religion in England, so they have a nuncio here, to act and dispose that partie to the execution of those counsels, and, by the assistance of such cun- ning and Jesuiticall spirits as swarm in this town, to order and manage all actions and events to the furtherance of that maine end. " The second grievance of religion was from those manifold innovations lately introduced Into several parts of the kingdome, all inclining to poperie, and disposing and fitting men to entertain it. The particulars were these : 1. Divers of the chiefest points of religion in dif- ference betwixt us and the Papists have beene publikely defended, in licensed bookes, in ser- mons, in universitie acts and disputations. 2. Divers popish ceremonies have beene not only practised, but countenanced, yea, little less than injoyned, as altars, images, crucifixes, bowings, and other gestures and observances,* which put upon our churches a shape and face of poperie. Hee compared this to the drie bones * See the Life of Eliot, p. 30 ; and Life of Stratford, p. 99-101. in Ezekiel. First, they came together ; then the sinews and the flesh came upon them ; after this the skin covered them ; and then breath and life icas put into them ! So (hee said"), after these men had moulded us into an outward forme and visage of poperie, they would more boldly endeav- our to breathe into us the spirit of life and poperie. "The third grievance was the countenan- cing and preferring those men who were most forward in setting up such innovations : the particulars were so well knowne that they need- ed not to be named. "" The fourth was the discouragement of those who were knowne to bee most conscionable and faithful! professors of the truth. Some of the wayes of effecting this he observed to be these : The courses taken to inforce and Marge those unhappy differences, for matters of small mo- ment, which have beene amongst ourselves, and to raise up new occasions of further division, whereby many have beene induced to forsake the land, not seeing the end of those voluntarie and human injunctions in things appertaining to God's worship. Those who are indeed lov- ers of religion, and of the .churches of God, would seek to make up those breaches, and to unite us more entirely against the common enemie. 2. The over-rigid prosecution of those who are scrupulous in using some things injoyned, which are held by those who injoyn them to be in themselves indifferent. It hath beene ever the desire of this House, exprest in many Parlia- ments in Queene Elizabeth's time and since, that such might be tenderly used. It was one of our petitions delivered at Oxford to his maj- estie that now is ; but what little moderation it hath produced is not unknowne to us all ! Any other vice almost may be better endured in a minister than inconformitie ! 3. The unjust pun- ishments and vexations of sundry persons for matters required without any warrant of law : as, for not reading the booke concerning recre- ation on the Lord's day ; for not removing the communion table to bee set altarwise at the east end of the chancell ; for not coming up to the railes to receive the sacrament ; for preach- ing the Lord's day in the afternoone ; for cat- echising in any other words and manner than in the precise words of the short catechisme in the Common Prayer Booke. " The fifth and last grievance concerning re- ligion was the incroachment and abuse of ec- clesiastical jurisdiction. The particulars men- tioned were these : I. Fining and imprisoning in cases not allowed by law. 2. The challen- ging their jurisdiction to be appropriate to their order, which they alledge to be jure divino. 3. The contriving and publishing of new arti- cles, upon which they inforce the churchward- ens to take oathes and to make inquiries and presentments, as if such articles had the force of canons ; and this, he said, was an effect of great presumption and boldnesse, not onely in the bishops, but in their archdeacons, officials, and chancellors, taking upon themselves a kinde of synodall authoritie. The injunctions of this kinde might, indeed, well partake in name with that part of the common law which is called the extravagants !" A more masterly statement than this, of the precise bearings of one of those great questions of the time, which it is probably the most diffi- JOHN PYM. 167 cult to sympathize with now, except, indeed, in the broad statement of a certain widely-felt ecclesiastical oppression, could not possibly be furnished ; and from such a speaker it is inval- uable. But Pym's treatment of the civil oppressions of the state is felt, from the nature of the sub- ject, with still greater force. A more massive document was never given to history. It has ail the solidity, weight, and gravity of a judicial record, while it addresses itself equally to the solid good sense of the masses of the people, and to the cultivated understandings of the time. The deliberative gravity, the force, the broad, decided manner of this great speaker, contrast forcibly with those choice specimens of awk- ward affectations and laboured extravagances that have not seldom passed in modern days for oratory. " Having dispatched these several points, hee proceeded to the third kinde of grievances, be- ing such as are against the common justice of the realme, in the libertie of our persons and proprietie of our estates, of which (he said) he had many to propound : in doing whereof, he would rather observe the order of time where- in they were acted than of consequence ; but when hee should come to the cure, hee should then persuade the House to begin with those which were of most importance, as being now in execution, and very much pressing and ex- hausting the Commonwealth. " He began with the tonnage and poundage, and other impositions not warranted by law ; and because these burdens had long lain upon us, and the principles which produced them are the same from whence divers others are deri- ved, he thought it necessarie to premise a short narrative and relation of the grounds and pro- ceedings of the power of imposing herein prac- tised. It was (he said) a fundamental truth, essential to the constitution and government of this kingdome an hereditarie libertie and priv- iledge of all the freeborn subjects of the land that no tax, tallage, or other charge might be laid upon us, without common consent in Par- liament. This was acknowledged by the Con- queror ; ratified in that contract which he made with this nation upon his admittance to the kingdome ; declared and confirmed in the lawes which he published. " This hath never beene denyed by any of our kings, though broken and interrupted by some of them, especially by King John and Henry III. Then, againe, it was confirmed by Mag. Chart, and other succeeding lawes, yet not so well settled but that it was sometime attempt- ed by the two succeeding Edwards, in whose times the subjects were very sensible of all the breaches made upon the common libertie, and, by the opportunitie of frequent Parliaments, pursued them with fresh complaints, and for the most part found redresse, and procured the right of the subject to be fortified by new stat- utes. " He observed that those kings, even in the acts whereby they did break the law, did really af- firm the subject's libertie, and disclaime that right of imposing which is now challenged ; for they did usually procure the merchants' consent to such taxes as were laid, thereby to put a col- our of justice upon their proceeding; and or- dinarily they were limited to a short time, and then propounded to the ratification of the Par- liament, where they were cancelled or confirm- ed, as the necessitie and state of the kingdome did require. But, for the most part, such char- ges upon merchandise were taken by authoritie of Parliament, and granted for some short time, in a greater or lesser proportion, as was requi- site for supply of the publike occasions six or twelve in the pound, for one, two, or three yeares, as they saw cause, to be employed for the de- fence of the sea ; and it was acknowledged so clearly to be in the power of Parliament, that they have sometimes beene granted to noble- men, and sometimes to merchants, to bee dis- posed for that use. Afterward they were grant- ed to the king for life, and so continued for di- vers descents, yet still as a gift and grant of the Commons. " Betwixt the time of Edward III. and Queene Mary, never prince (that he could remember) offered to demand any imposition but by grant in Parliament. Queene Mary laid a charge upon cloth, by the equitie of the statute of tonnage and poundage, because the rate set upon woolle was much more than upon cloth ; and, there being little wooll carried out of the kingdome unwrought, the queene thought she had reason to lay on somewhat more ; yet not full so much as brought them to an equalitie, but that still there continued a lesse charge upon wooll wrought into cloth than upon wooll carried out unwrought, until King James's time, when, upon Nicholson's project, there was a further addi- tion of charge, but still upon pretence of the statute, which is that we call the pretermitted custome. " In Queene Elizabeth's time, it is true, one or two little impositions crept in, the generall prosperitie of her raigne overshadowing small er- rors and innovations. One of these was upon currants, by occasion of the merchants' com- plaints that the Venetians had laid a charge upon the English cloth, that so we might bee even with them, and force them the sooner to take it off. But this being demanded by King James, was denyed by one Bates, a merchant, and upon a suit in the Exchequer, was adjudged for the king. Now the manner of that judge- ment was thus : There were then but three judges in that court, all differing from one an- other in the grounds of their sentences. The first was of opinion the king might impose upon such commodities as were forraigneand super- fluous, as currants were, but not upon such as were native and to be transported, or necessa- rie, and to be imported for the use of the king- dome. The second judge was of opinion he might impose upon all forraigne merchandise, whether superfluous or no, but not upon native. The third, that forasmuch as the king had the custody of the ports and the guard of the seas, and that he might open and shut up the ports as he pleased, hee had a prerogative to impose upon all merchandise, both exported and im- ported. Yet this single, distracted, and divided judgement is the foundation of all the imposi- tions now in practice ! for after this King James laid new charges upon all commodities outward and inward, not limited to a certaine time and occasion, but reserved to himself, his heires and successors forever the first impositions in 168 BRITISH STATESMEN. fee simple that were ever heard of in this kingdome. This judgement, and the right of imposing there- upon assumed, was questioned in septimo and duodecimo of that king, and was the cause of the breach of both those Parliaments. In 18 & 21 Jacobi, indeed, it was not agitated by this House, but onely that they might preserve the favour of the king for the dispatch of some oth- er great businesses upon which they were more especially attentive.* But in the first of his present majestie, it necessarily came to be re- membered, upon the proposition on the king's part for renewing the bill of tonnage and pound- age ; yet so moderate was that Parliament, that they thought rather to confirm the impositions alreadie set by a law to be made than to abolish them by a judgement in Parliament ; but that and divers insuring Parliaments have beene un- happilie broken before that endeavour could be ac- complished : onely at the last meeting a remon- strance was made concerning the libertie of the subject in this point ; and it hath alwayes beene expressed to bee the meaning of the House, and so it was (as hee said) his owne meaning in the proposition now made, to settle and restore the right according to law, and not to diminish the king's profit, but to establish it by a free grant in Parliament. " However, since the breach of the last Par- liament, his majestie hath, by a new booke of rates, very much increased the burden upon merchandise ; and now tonnage and poundage, old and new impositions, are all taken by pre- rogative, without any grant in Parliament, or authoritie of law, as we conceive, from whence divers inconveniences and mischiefes are pro- duced : 1. The danger of the president, that a judgement in one court and in one case is made binding to all the kingdome. 2. Men's goods are seized, their legall suits are stopped, and justice denyed to those that desire to take the benefit of the law. 3. The great summes of money received upon these impositions, intend- ed for the guard of the seas, claimed and de- fended upon no ground but that of publike trust, for protection of merchants and defence of the ports, are dispersed to other uses, and a new tax raised for the same purposes. 4. These burdens are so excessive, that trade is thereby very much hindered, the commodities of our owne growth extremely abased, and those mported much enhaunced ; all which lie not upon the merchant alone, but upon the gener- alitie of the subject ; and by this means the stock of the kingdome is much diminisht, our exportation being lesse profitable, and our im- portation more changeable. And if the warrs and troubles in the neighbour parts had not brought almost the whole streame of trade into this king- dome, we should have found many more preju- diciall effects of these impositions, long before this time, than yet wee have done. Especially they have beene insupportable to the poore plantations, whither many of his majestie's sub- jects have beene transported, in divers parts of the Continent and islands of America, in fur- therance of a designe tending to the honour of the kingdome and the inlargement of his majes- tie's dominions. The adventurers in this no- ble worke have for the most part no other sup- port but tobacco, upon whic hsuch a heavie rate * The war with the Palatinate. See Life of Eliot, p. 6-8. is set, that the king receives twice as much as the true value of the commoditie to the owner. 5. Whereas these great burdens have caused divers merchants to apply themselves to a way of traffique abroad by transporting goods from one countrey to another, without bringing them home into England ; but now it hath beene lately endeavoured to set an imposition upon this trade, so that the king will have a dutie even out of those commodities which never come within his dominions, to the great, dis- couragement of such active and industrious men. " The next' generall head of civill grievances was inforcing men to compound for knighthood ; which though it may seeme past, because it is divers yeares since it was used, yet upon the same grounds the king may renew it, as often as he pleaseth, for the composition looks back- ward, and the offence continuing is subject to a new fine. The state of that businesse he lay- ed downe thus : Heretofore, when the services due by tenure were taken in kind, it were fit there were some way of triall and approbation of those that were bound to such services. Therefore it was ordained, that such as were to doe knight's services, after they came of age and had possession of their lands, should bee made knights ; that is, publikely declared to be fit for that service : divers ceremonies and so- lemnities were in use for this purpose ; and if by the partie's neglect this was not done, he was punishable by fine, there being in those times an ordinary and open way to get knight- hood for those who were borne to it. Now it is quite true- that, although the use of this hath for divers ages beene discontinued, yet there have past very few kings under whom there hath not beene a generall summons, requiring those who had lands of such value as the law prescribes to appeare at the coronation, or some other great solemnitie, and to bee knighted, and yet nothing intended but the getting of some small fines. So this grievance is not altogeth- er new in the kind, but it is new in the manner, and in the excesse of it, and that in divers re- spects : 1. First, it hath beene extended beyond all intention and colour of law. Not only inne- holders, but likewise leaseholders, copyholders, merchants, and others ; scarce any man free from it. 2. The fines have beene immoderate, far beyond the proportion of former times. 3. The proportion have beene without any exam- ple, president, or rule of justice ; for though those that were summoned did appeare, yet dis- tresses infinite were made out against them, and issues increased and multiplyed, and no way open to discharge those issues, by plea or otherwise, but onely by compounding with the commissioners at their owne pleasure. " The third generall head of civill grievances was the great inundation of monopolies, where- by heavie burthens are laid, not onely upon for- raigne, but also native commodities. These began in the soape pattent. The principall un- dertakers in this were divers popish recusants, men of estate and qualitie, such as in likelyhood did not onely aime at their private gaine, but that by this open breach of law the king and his people might be more fully divided, and the wayes of Parliament men more thoroughly obstructed. Amongst the infinite inconveniences and mischiefes which JOHN PYM. 169 this did produce, these few may be observed : 1. The impairing the goodnesse, and enhaun- cing the price of most of the commodities and manufactures of the realme, yea, of those which are of most necessarie and common use, as salt, soape, beere, coles, and infinite others. 2. That, under colour of licences, trades and man- ufactures are restrained to a few hands, and many of the subjects deprived of their ordinary way of livelihood. 3. That upon such illegall grants, a great number of persons had beene unjustly vexed by pursevants, imprisonments, attendance upon the councell-table, forfeiture of goods, and many other wayes. " The fourth head of civill grievances was that great and unparalleled grievance of the ship-money, which, though it may seeme to have more warrant of law than the rest, be- cause there hath a judgement passed for it, yet in truth it is thereby aggravated, if it bee con- sidered that the judgement is founded upon the naked opinion of some judges without any writ- ten law, without any custome, or authoritie of law-bookes, yea, without any one president for it ! Many expresse lawes, many declarations in Parliaments, and the constant practice and judgement at all times being against it ! yea, in the very nature of it, it will be found to be dis- proportionable to the case of ' necessitie 1 which is pretended to be the ground of it ! Necessitie excludes all formalities and solemnities. It is no time then to make levies and taxes, to build and prepare ships. Every man's person, every man's ships, are to be imployed for the resist- ing of an invading enemie. The right on the subject's part was so cleare, and the pretences against it so weake, that hee thought no man would venture his reputation or conscience in the defence of that judgement, being so con- trary to the grounds of the law, to the practice of former times, and so inconsistent in its selfe. " Amongst many inconveniences and obli- quities of this grievance, he noted these : 1. That it extendeth to all persons and to all times ; it subjecteth our goods to distresse, and our persons to imprisonment ; and, the causes of it being secret and invisible, referred to his majestie's breast alone, the subject was left without possibilitie of exception and reliefe. 2. That there were no rules or. limits for the pro- portion ; so that no man knew what estate he had, or how to order his course or expences. 3. That it was taken out of the subject's purse by a writ, and brought into the king's coffers by instructions from the lords of his most hon- ourable privie councell. Now in the legall de- fence of it, the writ onely did appeare ; of the instructions there was no notice taken, which yet in the real execution of it were most pre- dominant. It carries the face of service in the writ, and of revenue in the instructions. Why, if this way had not beene found to turn the ship into money, it would easily have appeared how incompatible this service is with the office of a sherifie in the inland counties, and how incon- gruous and inconvenient for the inhabitants ! The law in a body politike is like Nature, which always prepareth and disposcth proper and Jit in- struments and organcs for every naturall opera- tion. If the law had intended any such charge as this, there should have beene certaine rules, suitable meanes and courses, for the levying and managing of it. " The fifth head was the inlargement of the forrests beyond the bounds and perambulations appointed and established by act of Parliament, 27 & 28 Edward I. ; and this is done upon the very reasons and exceptions which had beene on the king's part propounded, and by the Com- mons answered, in Parliament, not long after that establishment. It is not unknowne to many in this House, that those perambulations were the fruit and effect of that famous charter which is called Charta de forrestd, whereby many tumults, troubles, and discontents had beene taken away, and composed between the king and his subjects ; and it is full of danger, that, by reviving those old questions, wee may fall into the like distempers. Hereby, howev- er, no blame could fall upon that great lord, who is now justice in Eyre, and in whose name these things were acted ; it could not be ex- pected that he should take notice of the lawea and customes of the realme, therefore he was carefull to procure the assistance and direction of the judges ; and if any thing were done against law, it was for them to answer, and not for him. " The particular irregularities and obliquities of this businesse were these : 1. The surrepti- tious procuring a verdict for the king, without giving notice to the countrey, whereby they might be prepared to give in evidence for their own interest and indemnitie, as was done in Es- sex. 2. Whereas the judges in the justice seat in Essex were consulted with about the entry of the former verdict, and delivered their opinion touching that alone, without meddling with the point of right, this opinion was after inforced in other counties, as if it had beene a judgement upon the matter, and the counsell for the coun- ty discountenanced in speaking, because it was said to be alreadie adjudged. 3. The inherit- ance of divers of the subjects have beene here- upon disturbed, after the quiet possession of three or four hundred years, and a way opened for the disturbance of many others. 4. Great summes of money have beene drawn from such as have lands within these pretended bounds, and those who have forborne to make compo- sition have beene threatened with the execu- tion of these forrest lawes. 5. The fifth was the selling of nusances, or at least some such things as are supposed to bee nusances. The king, as father of the Commonwealth, is to take care of the publike commodities and advanta- ges of his subjects, as rivers, highways, com- mon sewers, and such like, and is to remove whatsoever is prejudiciall to them ; and for the triall of those, there are legall and ordinary writs of ad quod damnum ; but of late a new and extra-judiciall way hath beene taken, of de- claring matters to be nusances ; and divers have thereupon beene questioned, and if they would not compound, they have beene fined ; if they doe compound, that which was first prosecuted as a common nusance is taken into the king's protection, and allowed to stand ; and having yeelded the king money, no further care is taken whether it be good or bad for the Commonwealth. By this a very great and pub- like trust is either broken or abused. If the mat- ter compounded for be truly a nusance, then it 170 BRITISH STATESMEN. is broken to the hurt of the people ; if it bee not a nusance, then it is abused to the hurt of the partie. The particulars mentioned were : First, The commission for buildings in and about this towne, which heretofore hath beene pre- sented by this House as a grievance in King James his time, but now of late the execution hath beene much more frequent and prejudi- ciall than it was before. Secondly, Commis- sion for depopulations, which began some few yeares since, and is still in hot prosecution. By both these the subject is restrained from disposing of his owne. Some have beene com- manded to demolish their houses ; others have beene forbidden to build ; others, after great trouble and vexation, have beene forced to re- deeme their peace with large summes, and they still remaine, by law, as lyable to a new ques- tion as before ; for it is agreed by all, that the king cannot licence a common nusance ; and although indeed these are not such, yet it is a matter of very ill consequence, that under that name they should be compounded for, and may in ill times hereafter bee made a president for the kings of this realme to claime a power of licencing such things as are nusances indeed. " The seventh great civill grievance hath beene the militarie charges laid upon the sever- all counties of the kingdome, sometimes by warrant under his majestie's signature, some- times by letters from the councell-table, and sometimes (such hath beene the boldnesse and presumption of some men) by the order of the lord-lieutenants, or deputy-lieutenant alone. This is a growing evill, still multiplying and in- creasing from a few particulars to many, from small summes to great. It began first to be practised as a loane, for supply of coat and con- duct money ; and for this it hath some coun- tenance from the use in Queene Elizabeth's time, when the lords of the councell did often desire the deputy-lieutenants to procure so much money to be laid out in the countrey as the service did require, with a promise to pay it againe in London, for which purpose there was a constant warrant in the Exchequer. This (he said) was the practice in her time, and in a great part of King James's. But the payments were then so certaine, as it was little otherwise than taking up money upon bills of exchange. At this day they follow these presi- dents in the manner of the demand (for it is with a promise of a repayment), but not in the cer- taintie and readinesse of satisfaction. " The first particular brought into a tax (as he thought) was the muster-master's wages, at which many repined ; but being for small summes, it began to bee generally digested ; yet, in the last Parliament, this House was sensible of it, and to avoid the danger of the president that the subjects should be forced to make any payments without consent in Parlia- ment, they thought upon a bill that might bee a rule to the lieutenants what to demand, and to the people what to pay. But the hopes of this bill were dasht in the dissolution of that Parlia- ment. Now of late divers other particulars are growing into practice, which make the grievance much more heavie. Those mention- ed were these : 1. Pressing men against their will, and forcing them which are rich or un- willing to serve, to find others in their place. 2. The provision of publike magazines for pow- der and other munition, spades and pickaxes. 3. The salarie of divers officers besides the muster-master. 4. The buying of cart-horses and carts, and hiring of carts for carriages. " The eighth head of civill grievances was the extra-judiciall declarations of judges, where- by the subjects have beene bound in matters of great importance without hearing of councell or argument on their part, and are left without legall remedie, by writ of errour or otherwise. He remembered the expression used by a for- mer member of the House, of a ' teeming Par- liament.' This (hee said) was a teeming griev- ance ; from hence have issued most of the great grievances now in being : the ship-money, the pretended nusances alreadie mentioned, and some others which have not yet beene toucht upon, especially that concerning the proceed- ings of ecclesiastical courts. " The ninth generall head was, that the au- thoritie and wisdome of the councell-table have beene applied to the contriving and managing of severall monopolies, and other great grievances. The institution of the councell-table was much for the advantage and securitie of the subject, to avoid surreptitious and precipitate courts in the great affaires of the kingdome. But by law an oath should be taken by all those of the king's councell, in which, amongst other things, it is exprest that they should for no cause for- beare to doe right to all the king's people. If such an oath be not now taken, he wisht it might be brought into use againe. " It was the honour of that table to bee, as it were, incorporated with the king ; his royall pow- er and greatnesse did shine most conspicuous- ly in their actions and in their councells. Wee have heard of projectors and resurees hereto- fore ; and what opinion and relish they have found in this House is not unknowne. But that any such thing should be acted by the councell- table which might give strength and counte- nance to monopolies, as it hath not beene used till now of late, so it cannot be apprehended without the just griefe of the honest subject, and encourage- ment of those who are ill affected. He remem- bered that in tertio of this king, a noble gentle- man, then a very worthy member of the Com- mons' House, now a great lord and eminent counsellour of state, did in this place declare an opinion concerning that clause used to bee inserted in patients of monopolie, whereby jus- tices of peace are commanded to assist the pat- tentees ; and that he urged it to bee a great dis- honour to those gentlemen which are in com- mission to be so meanely employed : with how much more reason may wee, in jealousie of the honour of the councell-table, humbly desire that their precious time, their great abilities, de- signed to the publike care and service of the kingdome, may not receive such a staine, such a diminution, as to be imploycd in matters of so ill report, in the estimation of the law ; of so ill effect, in the apprehension of the people ! "The tenth head of civill grievances was comprised in the high court of Star Chamber, which some thinke succeeded that which in the Parliament rolls is called magnum concilium, and to which Parliaments were wont so often to referre those important matters which they had no time to determine. But now this court, JOHN PYM. 171 which in the late restauration or erection of it, in Henry VII.'s time, was especially designed to restraine the oppression of great men, and to remove the obstructions and impediments of the law this, which is both a court of coun- cell and a court of justice hath beene made an instrument of erecting and defending monopo- lies and other grievances ; to set a face of right upon those things which are unlawfull in their owne nature, a face of publike good upon such as are pernicious in their use and execution. The soape-pattent and divers other evidences thereof may be given, so well knowne as not to require a particular relation. And as if this were not enough, this court hath lately inter- meddled with the ship-money ! divers sheriffes have beene questioned for not levying and col- lecting such summes as their counties have been charged with ; and if this beginning bee not prevented, the Star Chamber will become a court of revenue, and it shall bee made crime not to collect or pay such taxes as the state shall require ! " The eleventh head of civill grievance was now come to. Hee said hee was gone very high, yet hee must go a little higher. That great and most eminent power of the king, of making edicts and proclamations, which are said to be leges temporis, and by means of which our prin- ces have used to encounter with such sudden and unexpected danger as would not indure so much delay as assembling the great councell of the kingdome this, which is one of the most glorious beames of majestic, most rigorous in commanding reverence and subjection, hath, to our unspeakable griefe, beene often exercised of late for the injoyning and maintaining sun- dry monopolies and other grants, exceeding burdensome, and prejudiciall to the people. " The twelfth next. Now, although he was come as high as he could upon earth, yet the presumption of evill men did leade him one step higher even as high as heaven as high as the throne of God ! It was now (hee said) growne common for ambitious and corrupt men of the clergie to abuse the truth of God and the bond of conscience, preaching downe the lawes and liberties of the kingdome, and pretending divine authoritie for an absolute power in the king, to doe what he would with our persons and goods. This hath beene so often published in sermons and printed bookes, that it is now the high way to preferment ! " In the last Parliament we had a sentence of an offence of this kind against one Main- waring, then a doctor, now a bishop, concern- ing whom (hee said) hee would say no more but this, that when he saw him at that barre, in the most humble and dejected posture that ever he ob- served, he thought he would not so soone have leapt into a bishop's chaire ! But his successe hath emboldened others ; therefore (hee said) this may well bee noted as a double grievance, that such doctrine should be allowed, and that such men should bee preferred yea, as a roote of grievances, whereby they indeavour to corrupt the king's conscience, and, as much as in them lyes, to deprive the people of that royall pro- tection to which his majestic is bound by the fundamentall lawes of the kingdome, and by his owne personall oath. " The thirteenth head of civill grievances he would thus expresse : The long intermission of Parliaments, contrary to the two statutes yet in force, whereby it is appointed there should bee Parliaments once a yeare at the least ; and most contrary to the publike good of the king- dome, since, this being well remedied, it would generate remedies for all the rest." These extracts will be thought as important as they are interesting by every student of Eng- lish History, or of the noblest aspects of the English character. To abridge them would be indeed to realize the story of the man who put a brick in his pocket, thinking to show it as the model of a house. What a grave, clear, solid, and laborious style ! What honest seriousness and simplicity of tone in the reasoning ! What an exquisite general union of fact and feeling in the ideas ! What tenacity and firmness in the expression ! Nowhere is there any affec- tation of philosophy or fine taste ; the under- standing is invigorated and nourished through- out with its proper food. I will only observe farther, that the wonderful adaptation of the manner and construction of the speech to the peculiar circumstances of the occasion will be better felt by the reader hereafter. " Having gone through the severall heads of grievances, he came to the second maine branch, propounded in the beginning : that the disorders from whence these grievances issued were as hurtfull to the king as to the people, of which he gave divers reasons : 1. The inter- ruption of the sweet communion which ought to be betwixt the king and his people in matters of grace and supply. They have need of him by his general! pardon ; to be secured from pro- jectors and informers ; to bee freed from obso- lete lawes ; from the subtle devices of such as seek to restraine the prerogative to their owne private advantage and the publike hurt ; and he hath need of them for counsel and support in great and extraordinary occasions. This mu- tuall intercourse, if indeed sustained, would so weane the affections and interests of his sub- jects into his actions and designes, that their wealth and their persons would be his; his owne estate would be managed to most advantage ; and publike undertakings would be prosecute 1 at the charge and adventure of the subject. The victorious attempts in Queene Elizabeth's time upon Portugall, Spaine, and the Indies were for the greatest part made upon the sub- jects' purses, and not upon the queene's, though the honour and profit of the successe did most accrew to her. 2. Those often breaches and discontentments betwixt the king and the peo- ple are very apt to diminish his reputation abroad, and disadvantage his treaties and alli- ances. 3. The apprehension of the favour and incouragement given to poperie hath much weakened his majestie's partie beyond the sea, and impaired that advantage which Queene Elizabeth and his royall father have hereto- fore made, of being heads of the Protestant union. 4. The innovations in religion and rig- our of ecclesiastical courts have forced a great many of his majestie's subjects to forsake the land, whereby not onely their persons and their posteritie, but their wealth and their industry, are lost to this kingdome, much to the reduc- tion, also, of his majestie's customes and sub- sidies. And, amongst other inconveniences of 172 BRITISH STATESMEN. such a sort, this was especially to be observed, that divers clothiers, driven out of the countrey, had set up the manufacture of cloth beyond the seas, whereby this state is like to suffer much by abatement of the price of woolls, and by want of employment for the poore, both which likewise tend to his majestie's particular losse. 5. It puts the king upon improper wayes of supply, which being not warranted by law, are much mare burdensome to the subject than advan- tageous to his majestie. In France, not long since, upon a survey of the king's revenue, it was found that two parts in three never came to the king's purse, but were diverted to the profit of the officers or ministers of the crowne, and it was thought a very good service and ref- ormation to reduce two parts to the king, leav- ing still a third part to the instruments that were employed about getting it in. It may well be doubted that the king may have the like or worse successe in England, which appeares al- ready in some particulars. The king, for in- stance, hath reserved upon the monopoly of wines thirty thousand pound rent a yeare ; the vintner payes forty shillings a tun, which comes to ninety thousand pounds ; the price upon the subject by retaile is increased twopence a quart, which comes to eight pound a tun, and for for- ty-five thousand tun brought in yearely, amounts to three hundred and sixty thousand pounds, which is three hundred and thirty thousand pounds losse to the kingdome above the king's rent ! Other monopolies also, as that of soape, have beene very chargeable to the kingdome, and brought very little treasure into his majes- tie's coffers. Thus it is that the law provides for that revenue of the crowne which is naturall and proper, that it may be safely collected and brought to account ; but this illegall revenue, being without any such provision, is left to haz- ard and much uncertaintie, either not to be re- tained, or not duly accounted of. 6. It is apt to weaken the Industrie and courage of the sub- ject, if they be left uncertaine whether they shall reape the benefit of their own paines and hazard. Those who arc brought into the condition of slaves will easily grow to a slavish disposition, who, having nothing to lose, doe commonly show more boldnesse in disturbing than defend- ing a kingdome. 7. These irregular courses doe give opportunitie to ill instruments to in- sinuate themselves into the king's service, for we cannot but observe that if a man be officious in furthering their inordinate burdens of ship-mon- ey, monopolies, and the like, it varnisheth over all other faults, and makes him fit both for imploy- ment and preferment ; so that out of their offices, they are furnisht for vast expences, purchases, buildings, and the king loseth often more in desperate debts at their deaths than he got by them all their lives. Whether this were not lately verified in a Westerne man, much im- ployed while he lived, he leaves to the knowl- edge of those who were acquainted with his course ; and he doubted not but others might be found in the like case. The same course, againe, has beene pursued with those that are affected to poperie, to prophanenesse, and to superstitious innovations in matters of religion. All kinds of spies and intelligencers have means to be counte- nanced and trusted if they will be but zealous in these kinde of services, which, how much it de- tracts from his majestie in honour, in profit, and prosperitie of publike affaires, lyes open to every man's apprehension. And from these reasons, or some of them, he thought it pro- ceeded that through the whole course of the Eng- lish story it might be observed, that those kings who had beene most respectfull of the lawes had beene most eminent in greatnesse, in glory, and successe, both at home and abroad ; and that others, who thought to subsist by the violation of them, did often fall into a state of weaknesse, povertie, and infortunitie. 8. The differences and dis- contents betwixt his majestie and the people at home have in all liklyhood diverted his royall thoughts and councells from those great oppor- tunities which he might have, not onely to weak- en the house of Austria and to restore the Pal- atinate, but to gaine himself a higher pitch of power and greatnesse than any of his ances- tors ; for it is not unknowne how weake, how distracted, how discontented the Spanish col- onies are in the West Indies. There are nowe in those parts, in New-England, Virginia, and the Carib Islands, and in the Barmudos, at least, sixty thousand able persons of this nation, many of them well armed, and their bodies seasoned to that cli- mate, which, ivith a very small charge, might be set downe in some advantageous parts of these pleas- ant, rich, and fruitfull countries, and easily make his majestie master of all that treasure, which not onely foments the warre, but is the great support of poperie in all parts of Christendome. 9. And lastly, those courses are like to produce such distempers in the state as may not be settled without great charge and losse, by which means more may be consumed in a few months than, shall be gotten by such wayes in many yeares. " Having thus past through the two first gen- erall branches, he was nowe come to the third, wherein he was to set downe the wayes of healing and removing those grievances, which consisted of two maine branches : first, in de- claring the law where it was doubtfull ; the second, in better provision for the execution of law, where it is cleere. But (hee said) be- cause he had alreadie spent much time, and be- gan to finde some confusion in his memory, he would refer the particulars to another opportu- nitie, and for the present onely move that which was generall to all, and which would give waight and advantage to all the particular wayes of redresse. " That is, that wee should speedily desire a conference with the Lords, and acquaint them with the miserable condition wherein wee finde the Church and State ; and as we have alreadie re- solved to joyn in a religious seeking of God, in a day of fast and humiliation, so to intreat them to concur with us in a Parliamentary course of petitioning the king, as there should be occasion, and in searching out the causes and remedies of these many insupportable grievances under which we lye ; that so, by the united wisdome and authoritie of both houses, such courses may be taken as (through God's blessing) may advance the honour and great- nesse of his majestie, and restore and establish the peace and prosperitie of the kingdome. " This (hee said) wee might undertake with comfort and hope of successe ; for though there be a darknesse upon the land, a thick and palpable darknesse, like that of Egypt, yet, as in that the JOHN PYM. 173 sunne had not lost his light, nor the Egyptians their sight (the interruption was onely in the medium), so with us there is still (God be thanked) light in the sunne wisdome and justice in his maj- estic to dispell this darknesse ; and in us there remains a visual faculty, whereby we are inabled to apprehend, and moved to desire, LIGHT ; and when we shall be blessed in the injoying of it, we shall thereby be incited to return his maj- estie such thanks as may make it shine more cleerely in the world, to his owne glory, and in the hearts of his people, to their joy and con- tentment."* * I found this speech, as I have already stated, in the very valuable collection of king's pamphlets now deposited in the British Museum. The effect it produced, and the numerous abridgments of it taken at the time by different members, for the purpose of circulation through the coun- try, as described by May, have led to a curious confusion respecting it. The varying versions of the same speech have been treated as separate speeches by all the historians, collectors, and memorialists, except Lord Clarendon. I can- not account for the error in Rushworth's case (compare vol. iii., p. 1131, of his collections, with vol. iv., p. 21), save by the supposition of the second report having been inserted by the publisher after the collector's death. The loose way in which it appears, thrown in, as it were, " in a lump," with the other speeches that folio wit, certainly favours this supposition ; which is strengthened by the circumstance of this very collection of speeches, including the abridgment of Pym's speech in the April Parliament, having been pub- lished in 1641, as delivered in the Long Parliament, where- as many of them, with Pym's, belong to the previous meet- ing. Compare Rudyard's, Grimston's, &c. This would probably not be thought worth remarking on, were it not that it establishes Clarendon's accuracy on a point that has been disputed, and is important in reference to Pym him- self. It is now clear to me, as Clarendon states, that the first speech delivered by this great statesman in the Long Parliament was the speech in which he denounced Lord Strafford. It marks emphatically the difference that was obvious in his " temper." I will subjoin, as a curiosity, the naked outline which Whitelocke gives of " Pym on griev- ances ;" and upon which it is to be observed, that, though it is given in the mention of the opening proceedings in the Long Parliament, Whitelocke's words by no means imply a contradiction of the fact that it was delivered the Parlia- ment before. He says, " many smart speeches were made in the House of Commons touching grievances, which Mr. Pym divided into three heads." The following abstract is then given in an isolated form, no mention of its delivery, or the delivery of any thing like it, having been made by the memorialist in his report of the April Parliament : "I. Against privilege of Parliament. II. Prejudice of religion. III. Liberty of the subject." Under the first head were reckoned, " 1. Restraining the members of Parliament from speaking. 2. Forbidding the speaker to put a question. 3. Imprisoning divers members for matters done in Parlia- ment. 4. By proceedings against them therefor in inferior courts. 5. Enjoining their good behaviour and continuance in prison even unto death, b'. Abrupt dissolutions of Parlia- ments." Under the second head, of religion, were mentioned, " 1. The suspension of laws against them of the popish reli- gion ; laws and oaths will not restrain them ; the pope dis- penseth with all. 2. Their places of trust and honour in the Commonwealth. 3. Their free resort to London and to the courts to communicate their counsels and designs. 4. As they have a college in Rome for the pope's authority in Eng- land, so they have a nuncio here to execute it." Under the innovations of religion were brought in, " 1. Maintenance of popish tenets in books, sermons, and disputes. 2. Prac- tice of popish ceremonies countenanced and enjoined, as al- tars, images, crucifixes, and bowings. 3. Discouragement of Protestants by rigid prosecution of the scrupulous for things indifferent ; no vice made of so great as inconformi- ty. 4. Encroachment of ecclesiastical jurisdiction : (I.) In fining and imprisoning without law ; (2.) Challenging their jurisdiction to be appropriate to their order, jure divino ; (3.) Contriving and publishing new orders of visitation in force, as of canons, the boldness of bishops, and all their subordinate officers and officials." Under the third head, the grievances : " 1. By tonnage and poundage unduly taken. 2. Composition for knighthood. 3. The unparalleled griev- ance of ship-money. 4. Enlargement of the forests beyond the due bounds. 5. Selling of nuisances by compounding for them. 6. The commission for building. 7. The commission for depopulations. 8. Unlawful military charges, by war- rant of the king, letters of the council, and orders of the lieutenants of the counties and their deputies. 9. Extra-ju- dicial declarations of judges, without hearing council or a When Pym resumed his seat, the king's so- licitor, Herbert, attempted, " with all imagina- ble address," to call off the attention of the members from the impression his extraordinary speech had made, but vainly. The deadly force of Pym's statements and reasoning, equalled only by the singular moderation of his tone, had diffused through the House a deep and settled calm of determination. A commit- tee was immediately appointed to inquire into the violation of privilege by the speaker of the last House of Commons, in refusing to put a question on the ground of prohibition from the king ; the proceedings in the Star Chamber and King's Bench respecting the imprisoned members and the deceased Eliot were ordered to be called for by the speaker's warrant, to- gether with whatever proceedings had taken place in the Exchequer Chamber, and any other courts, respecting ship-money. Subse- quently it was resolved that grievances should be considered before supply, and that confer- ence on grievances should be desired by the Lords. Pym and St. John were appointed managers of this conference " Mr. Pym for the first, and to make an introduction to the whole business."* Meanwhile the House of Lords, at the ear- nest and humiliating entreaty of the king, had passed two resolutions, to the effect that sup- ply ought to have precedence of grievances, and that the Commons should be invited to a conference in order to their being disposed thereto."! These resolutions had just passed, when Pym laid them before the House of Commons as a gross breach of privilege. An address to the Lords was, in consequence, agreed to and approved, " and that Mr. Pym should go up to that House with it." Pym instantly proceeded to the Lords, and the words he uttered are in- deed memorable : "Your lordships have med- dled with, and advised concerning, both matter of supply and the time when the same should be made, and this before such time as the same was moved to your lordships by the Com- mons. As a course for the repair of this breach of privilege, the Commons beg to suggest that your lordships would, in your wisdoms, find out, yourselves, some sort of reparation, and of prevention of the like infringement for the fu- ture. And the Commons humbly desire, through me, to represent to your lordships that, in case your lordships have taken notice of any orders or proceedings of the Commons concerning re- ligion, property, and privileges, and that they were to proceed to the supply, which they have some cause to conceive by these words : ' That this being done, your lordships would freely join with the Commons in those three things ;' for the avoiding all misunderstandings between your lordships and the Commons for time to come, they desire your lordships hereafter to take no notice of any thing which shall be debated by the Commons until they shall themselves de- guments. 10. Monopolies countenanced by the council-table, and justices of the peace required to assist them. 11. The Star Chamber Court. 12. The king's edicts and proclama- tions lately used for maintaining monopolies. 13. The am- bitious and corrupt clergy preaching divine authority and absolute power in kings to do what they will. 14. The in- termission of Parliaments." Memorials, p. 36. * Pail. Hist., vol. viii., p. 456. 1 Lords' Journals, April, 1640. 174 BRITISH STATESMEN. dare the same unto your lordships, which the Commons shall always observe towards your lordships' proceedings, conceiving the contra- ry not to consist with the privileges of the House."* Some few short years before, such an asser- tion of power and privilege as this would have seemed monstrous ; for it implies, it will be ob- served, that even upon the king's information and authority their lordships were not ever to touch upon the proceedings of the Commons. But the reader who has observed the course pursued by Pym and his associates in James's Parliaments of 1614 and 1620, as detailed in these pages, and reflects how deeply the prin- ciples then insisted on must have sunk, during the succeeding twenty years, into the minds of the people, and what a consequent vigour and diffusion had been given to the democratic principle, his surprise at Pym's tone will cease. How much more flagrantly absurd is the ap- pearance which Charles's pretensions assume ! On Pym's return to the House, he was thank- ed " for the good service he did them ;"t and the original conference appointed with the Lords was directed to proceed. Pym and St. John, on the part of the Commons, persisted in claiming precedence for redress of grievances ; but the dispute was interrupted in this stage by a message from Charles, demanding an im- mediate answer whether he was to have sup- ply or not ; and followed by a proposition from the elder Vane, now secretary of state, as well as treasurer of the household, that the king would give up his right to ship-money in con- sideration of a grant of twelve subsidies, pay- able in three years. Strenuous debates arose on this proposition. Pym and Hampden, back- ed by the more fearless patriots, objected, not only that the sum was too great, but that such a transaction would recognise the legality of ship-money. The court party, seconded by Hyde and the trimmers, urged the advantage of closing with the offer. The debates lasted two days. On the second day, after the House had sat from eight in the. morning till five in the afternoon, debating two antagonist resolu- tions from Hampden and Hyde, the latter pro- posing to grant a supply " without naming the amount," Vane told the House distinctly that the king would accept nothing short of his original demand in amount and manner, and an instant adjournment was the consequence. At an early hour on the following morning the Parliament was dissolved. Clarendon has ascribed this dissolution to the perfidy of Vane, and asserts that Charles himself repented of the act the instant after it was performed. But the king's solicitor, Her- bert, is not accused of perfidy, and Clarendon admits that he seconded Vane's statement, while all the other privy counsellors present sanctioned it in silence. The truth is, that the noble historian wishes to make it appear that the House would have favoured his proposal in the end, whereas Vane interpreted the temper and disposition of the members far more truly, f * Old Parl. Hist., vol. yiii.j p. 455. t Ibid. t I subjoin a passage from a historian who equally ad- mires both Clarendon and the king-, and which seems to me to set the question at rest. Carte, in his General History, vol. iv., p. 281, 282, says: "From the part Vane acted soon after, he was supposed to have given those assurances Neither Laud nor his biographer have accused Vane ; Secretary Windebanke declared at the time, that though the dissolution was " a very great disaster," there was " no other way ;"* and, finally, the king himself has thoroughly repudiated the " case" his noble advocate strives to make out, by one of his own accus- tomed and deliberate acts of imbecile rage and madness. Some days after the dissolution, he consigned Mr. Crew, the chairman of the com- mittee for religion, to the Tower, because that high-spirited gentleman refused to surrender certain petitions that had been intrusted to him, when their disclosure would have aban- doned many clerical petitioners to the ven- geance of their metropolitan. Two other mem- bers, Sir John Hotham and Mr. Bellasis, were also committed for refusing to disclose to the council what had passed in Parliament. And these proceedings were appropriately wound up by the issue of a declaration of reasons for the dissolution, in which, among other notable matters, Pym, Hampden, St. John, and the rest are thus described : " The ill-affected mem- bers of the House of Commons, instead of an humble and dutiful way of presenting their grievances to his majesty, have taken upon them to be the guiders and directors in all mat- ters that concern his majesty's government, both temporal and ecclesiastical ; and (as if kings were bound to give an account of their regal actions and of their manner of government to their subjects assembled in Parliament) they have, in a very audacious and insolent way, entered into examination and censuring of the present gov- ernment, traduced his majesty's administration with as much malice as falsehood, in order to throw all into confusion ; either out of disaffection to his majesty, or a mortal hatred to the Ear! of Stratford, who had opposed his promotion, and whose ruin was then projecting. There was no guessing at the motives of Herbert's conduct ; and though his views were different from Vane's, they both joined in representing the general humour and disaffection of the House to be so violent, that if the members came together again, they mould pass such a vote against ship-money as would blast that revenue and other branches of the receipt. The noble historian from whom this relation is taken, and who bore so considerable a part in the debate, seems to have thought this representation exaggerated ; but it may well be questioned whether his candour and favourable opinion of some persons, with whom he unwarily concurred in many of their measures, and whose dark designs he had not yet dis- covered, did not bias his judgment ; and there was certaiuly a great failure at least of his memory in the accounts he gives of the debates, as if they had taken up two days, whereas what he says of them passed only on the second day (Monday), when the proposal of twelve subsidies was made, and embarrassed the question. On Saturday, the debate could only turn on the single point whether a supply should or should not be granted. If this question was not then put, it must be imputed to the strength of the party which was for postponing the supply till after the redress of grievances, and had the day before, by a majority of 257 to 148, rejected the Lords' desire of a present conference, be- cause they would not be diverted from prosecuting the busi- ness of ship-money. Whoever likewise considers the whole tenour of proceedings in this Parliament, and compares them with those of the disaffected faction in the former Parliaments of this reign, after which it copied, and ob- serves that a day for the judicial hearing of the cause of ship-money, in order to repeal the sentence of the judges, had been appointed without any appearance of an opposi- tion, and was actually come, will be apt to think it not ill founded. * * His majesty could scarce entertain better hopes, or expect different measures, from an assembly whose pro- ceedings were chiefly directed by Pym and Hampden ; two whole days spent in debates, without coming to a conclusion or putting a question, showed sufficiently an indisposition to grant a supply; all appearances countenanced the sug-- gestion of these terrible votes about ship-money, and other branches of the revenue, which would have been the utter ruin of his majesty's affairs." * See the Clarendon State Papers, vol. ii., p. 86. JOHN PYM. 175 of justice, and rendered, as much as in them lay, odious to the rest of his majesty's subjects, not only the officers and ministers of state, but even his majesty's very government." On the occasion of this dissolution there was no violence, no protest, no show of resistance in the smallest degree on the part of the Com- mons. Everything was deep, settled, calm : if there was a ruffle on the surface, it was one of joy. Hitherto the faces of sagacious men had darkened at a Parliament's dissolution, but they were serene and smiling now. " It was ob- served," says Clarendon, " that in the counte- nances of those who had most opposed all that was desired by his majesty, there was a mar- vellous serenity ; nor could they conceal the joy of their hearts, for they knew enough of what was to come to conclude that the king would be shortly compelled to call another Par- liament. Within an hour after the dissolving, Mr. Hyde met Mr. Saint John, who had natu- rally a great cloud in his face, and very seldom was known to smile, but then had a most cheerful aspect ; and seeing the other melan- cholic, as in truth he was from his heart, asked him what troubled him ; who answered, that the same that troubled him, he believed, troub- led most good men : that in such a time of confusion, so wise a Parliament, which alone could have found remedy for it, was so unsea- sonably dismissed ; the other answered, with a little warmth, ' That all was well ; and that it must be worse before it could be better ; and that this Parliament could never have done what was necessary to be done.' " The reflection of the joy which thus lighted up the countenance of St. John exhibited itself in the short-sighted multitude in the forms of turbulence and insurrection ; and Clarendon takes the opportunity of observing that a gen- eral impression prevailed, that such a set of sober and dispassionate men, or fewer who brought ill purposes with them, as had gone to the formation of the House just dissolved, would never meet in Parliament again. This is simply one of Clarendon's thousand attempts to mislead the judgment. A comparison of the lists of the Parliaments of April and November* will at once convince the reader that the so terrible change for the court was in the times, and not the men. From the instant of the dissolution Pym's exertions were truly extraordinary. The par- ty, and the purposes of the party, were now to be organized for the last time. " Mr. Pym," says Clarendon, " continued after the unhappy dissolution for the most part about London, in conversation and great repute amongst those lords who were most strangers to the court, and were believed most averse to it ; in whom he improved all imaginable jealousies and dis- contents towards the state." There is no doubt that a close correspondence with the Scotch commissioners was now entered into, under the management of himself and Hamp- den ; and two places, Broughton Castle, in Oxfordshire, the seat of Lord Say,t and Faws- * In Nalson, the Old Parliamentary History, or Rush- worth. t "It was much observed," says Echard, "that in the Lord Say's house there was a particular room, and a passage to it, which his servants were not permitted to come near ; and wheu the company was complete, great nuise and talk- ley, in Northamptonshire, the house of Sir Richard Knightley (whose son had married Hampden's daughter), were, from their position with reference to the North Road, and their easy distance from London, fixed upon for the purposes of frequent consultation.* Pym, Hampden, and St. John, with Lords Say and Brook, and, somewhat later in the year, the Earls of Bedford, Warwick, and Essex, Lord Holland, Nathaniel Fiennes, and young Vane, here held their meetings ; and a private press, which Sir Richard Knightley's father had es- tablished at Fawsley, was brought into con- stant requisition. Whenever, on the other hand, necessity obliged the meetings to be held in London, they took place at Pym's house in Gray's Inn Lane, from whence various reports were instantly communicated to the chief pla- ces in the country, t Meanwhile the disastrous war with Scotland was dragging the king daily, as Pym had fore- told, to the feet of his subjects. Not a day now passed over the heads of the court party without accumulating upon them some fresh evidences of weakness or dishonour. The melancholy part which Strafford was forced to play has been already told. In the midst of their worst distresses, when Charles had been driven back to York after the disgraceful affair of Newbourne, and when, as Laud ex- presses it, the king's counsellors were " at the wall,"J Secretary Windebanke wrote to inform them of the frequent assemblage in London and elsewhere of certain persons of quality, mentioning Pym, Hampden, Lords Say, Rus- sel, and Brook, who, he said, had prevailed with some lords to join them, "that had been observed not to be very well contented at the time, namely, the Earles of Essex, Warwick, and Bedford." These meetings, Windebanke added, were much apprehended to be " for some dangerous practice or intelligence with the rebels of Scotland." In Charles's worst moments of terror and alarm, he could not di- vest himself of his habits of deceit and perfidy. He now thought to avert the danger closing round him by imposing on his people something of the show of a Parliament, which should in- duce them to give what every arbitrary expe- dient had again failed in procuring, and disarm the popular leaders of their resources. Ac- cordingly, upon a precedent of Edward III.'s time, he summoned to York a " council of peers." While his people, under the guidance ings were usually heard amongst them, to the admiration of those who lived in the house, who could not see or dis- cover the persons themselves." (from MS. note), I find the following (p. 39) : " It is report- ed that the Lord Digby, of late being at Mr. Knightley's house in Northamptonshire, in a parlour there, whilst his souldiers were busily searching, and plundering, and rifling other roomes, hee smote his hand upon the table, and swore ' that that was the table whereat all these civil wars had been plotted at least a dozen yeares before.' It should seem Mr. Pym had sojourned some time in that house, and that was sufficient for an inference that the nest of Ana- baptists had been there too, and that that nest had studied ' 's State Papers. Hardwicke, State Papers, vol. ii., p. 168. 176 BRITISH STATESMEN. of Pym and Hampden, were advancing with giant strides into the just and responsible gov- ernments of the future, this imbecile man pro- posed to satisfy them by crawling back into precedents of the comparatively barbarous times of England ! As soon as this measure was made public, Pym saw that his work was accomplished. He prepared a petition for a Parliament ; pla- ced, with their consent, the names of Bedford, Hertford, Essex, and Warwick at its head; and, with Hampden and St. John, repaired to York.* Eight more signatures were here ob- tained from the peers then assembled, and the petition was presented to the king. Bedford and Hertford, being called to a conference with the committee of state on the subject, declared boldly that they acted, not for themselves alone, but in trust for " many other noblemen, and most of the gentry in several parts of the kingdom." A second petition was forward- ed to the committee immediately after from the hands of Pym, also praying for a Parlia- ment, and subscribed by 10,000 citizens of London.f Other petitions from different quar- ters, but with the same prayer, reached York at the same moment ; and the king, hunted through all his father's shifts and expedients of " kingcraft," issued writs for a new Parlia- ment on the 3d of November. And now again, without the pause of an in- stant, Pym and Hampden were seen in the discharge of their great duty as chiefs and ad- visers of the people. It is stated in several books of the time, and repeated by many of the historians,}: that between the interval of the issue of the writs and the elections, they rode through every county in England, urging the electors to their duty. Warwick, Brook, and Bedford, Lord Kimbolton (the Earl of Man- chester's son), Fiennes (Lord Say's second son), and the younger Vane, exerted them- selves, meanwhile, in their respective districts ; and Warwick soon wrote to his Essex friends from York, so recently the headquarters of the king, that " the game was well begun." The party of the king were not less active, but they were less successful. In the opinion of the great mass of the peo- ple, Pym was the author of this Parliament^ by the common consent of all, he was to be * " At the same time," says Clarendon, " some lords from London (of known and since published affections to that in- vasion) attended his majesty at York with a petition, signed by others, eight or ten in the whole, who were craftily per- suaded by the liegers there, Mr. Pym, Mr. Hampden, and Mr. Saint John, to concur in it, being full of duty and modesty enough, without considering that nothing else at that time could have done mischief, and so suffered themselves to be made instruments towards those ends which in truth they abhorred." Clarendon, vol. i., p. 259. t The lord-mayor had been implored to suppress this pe- tition, but refused. t Echard ; Carte; Warwick; Anthony Wood. I) I find this in a curious pamphlet of the time, which I was not able to discover in the king's collection, but which I purchased from Mr. Rodd, of Newport-street, to whose in- telligence and liberality so many historical collectors have to confess their obligations. The pamphlet is a petition sent up to the king by large numbers of the common people, at the time of his attempted impeachment for high treason ; and among answers to the king's charges against Pym, con- tains the loilowiiig : " In the fifth article he is impeached, 4 that he hath traitorously indeavoured to subvert the rights and very being of Parliaments.' To this we may answer with great facilitie, he was the chief cause that this Parlia- ment was assembled, and it seems very incongruous that he should subvert the same." placed in the position of its leader. Preparing himself for that great office, he well knew that the highest duty of his life, and the most fatal, there awaited him. He was to keep his old appointment with Wentworth, now the Earl of Strafford. Any allusion to this illustrious man has been hitherto avoided as much as possible, since a previous portion of this work was devo- ted to an analysis of his character and actions ; and little allusion will even now be necessary for those who have had that analysis before them. Pym judged Wentworth's course as a minister too truly when, on the occasion of their separa- tion twelve years before, he had threatened him with a visionary doom. The twelve years had realized one of the greatest geniuses for despotic government that the world has known ; but they had also strengthened, with an almost superhuman power of popular resistance, the mind of Pym. Wentworth himself had re- ceived occasional very ominous proofs of this, and some correspondence passed concerning it between himself and the king ; but Pym's si- lence respecting the minister in his famous speech of the preceding April, instead of seem- ing most ominous of all, had driven back, for a time, the fear of danger. The conduct of the great opposition leader, however, after the dis- solution, recalled Stratford's worst apprehen- sions ; and on the disastrous failure of his Scotch expedition, he prayed the king to be al- lowed to return to his Irish government. But the genius of Strafford was the king's last and only hope ; and, pledging a " royal word" that not " a hair of his head" should be touched by the Parliament, the king ordered his minister's presence in London. Charles himself knew not so well as Pym how much Strafford's ge- nius was indeed his last resource. And how much less did he know, that while he pledged his word for Strafford's safety, a few weightier words, lingering yet in the mind of Pym, would bring to the people's service the Tower and the Block, and break, in one short instant, that spell of arbitrary power with which he and his father, and the worst ministers of both, had been for upward of thirty years struggling to subdue the rising liberties ! In the death of Srafford, Pym saw that the prestige of royalty, which had hitherto, in Charles's worst extrem- ities, availed so much, would be utterly over- thrown. On the 3d of November the Long Parliament met. There are few well-informed students of English history who, with a fearless and frank admission of the errors of this illustrious as- sembly, do not pause with emotion at the men- tion of its name, mindful that there is scarcely a privilege of good and safe government now enjoyed by the common people of England that does not justly date from its commencement. The day that witnessed that commencement was a bright day for every one in England, save the ministers and apologists for tyranny. " It had a sad and melancholic aspect," says Lord Clarendon, "upon the first entrance, which presaged some unusual and unnatural events. The king himself did not ride with his accus- tomed equipage nor in his usual majesty to Westminster, but went privately in his barge to the Parliament stairs, and after to the church, as if it had been to a return of a prorogued or JOHN PYM. 177 adjourned Parliament. And there was like- wise an untoward, and, in truth, an unheard-of accident, which broke many of the king's meas- ures, and infinitely disordered his service be- yond a capacity of reparation. From the time the calling a Parliament was resolved upon, the king designed Sir Thomas Gardiner, who was recorder of London, to be speaker in the House of Commons ; a man of gravity and quickness, that had somewhat of authority and gracefulness in his person and presence, and in all respects equal to the service. There was little doubt but that he would be chosen to serve in one of the four places for the city of London, which had very rarely rejected their recorder upon that occasion ; and, lest that should fail, diligence was used in one or two other places that he might be elected. But the opposition was so great and the faction so strong to hinder his being elected in the city, that four others were chosen for that service, without hardly mentioning his name ; nor was there less industry used to prevent his being chosen in other places." This incident was in- deed an omen of ill promise for the court. It was in that day the invariable usage to select a speaker on the king's private recommenda- tion ; yet on this occasion, without the small- est appearance of discourtesy, the slavish usage, by means of the admirable organization of the popular party, was warded off. The king, taken by surprise, and obliged to name an- other member hastily, recommended Lenthall, then only known as a practising barrister. The members assembled in great crowds to hear the king's speech. All the chief leaders of the Commons were there : Pym (who had again been returned, with Lord William Rus- sel, for Tavistock), Hampden (who sat for Buckinghamshire), St. John, Denzil Hollis, Nathaniel Fiennes, the younger Vane ; and, still acting with the people, Lord Digby (the fantastically chivalrous son of the Earl of Bris- tol), Lord Falkland, and Edward Hyde. The chief popular peers were present also : Francis Russel, earl of Bedford (between whom and Pym there had been the friendship and mutual counsel of a life) ; William Fiennes and Robert Greville ; Lords Say and Brooke ; Robert Dev- ereux, earl of Essex ; the brothers Henry and Robert Rich, earls of Holland and Warwick ; and Edward Montague, lord Kimbolton, son of the Earl of Manchester. Upon the faces of almost all these men, Clarendon says, there was a " marvellous elated" expression, and he proceeds to remark of the members of the Com- mons, that " the same men who six months be- fore were observed to be of very moderate tem- pers, and to wish that gentle remedies might be applied, without opening the wound too wide and exposing it to the air, and rather to cure what was amiss than too strictly to make in- quisition into the causes and original of the malady, talked now in another dialect both of things and persons." The truth was, that as Mr. Hyde was returning from the House of Lords through Westminster, he fell into con- versation witli Pym, and that bold statesman, sounding Hyde with some distrust of his hon- esty, cared no longer to conceal his own pros- pects or his temper. The anecdote is worth giving in the words of one of the parties. " Mr. Hyde, who was returned to serve for a borough in Cornwall, met Mr. Pym in West- minster Hall, and conferring together upon the state of affairs, the other told Mr. Hyde ' that they must now be of another temper than they were the last Parliament; that they must not only sweep the house clean below, but must pull down all the cobwebs which hung in the top and corners, that they might not breed dust, and so make afoul house hereafter ; that they had now an opportu- nity to make their country happy by removing all grievances, and pulling up the causes of them by the roots, IF ALL MEN WOULD DO THEIR DUTIES ;' and used much other sharp discourse to the same purpose ; by which it was discerned that the warmest and boldest counsels and over- tures would find a much better reception than those of a more temperate allay, which fell out accordingly." The first week was devoted to the appoint- ment of committees and the reception of peti- tions. "Troops of horsemen," says White- locke, " came from several counties with peti- tions for redress of grievances and exorbitan- cies in Church and State."* One or two sharp debates arose on the presentation of these pe- titions, but Pym took no share in them. On the 10th of November, Lord Strafford arrived in London. On the llth of November, Pym suddenly t rose in his place in the House of Commons, stated that he had matter of the highest impor- tance to lay before the House, and desired that the strangers' room should be cleared, the out- er door of the House locked, and the keys laid upon the clerk's table. What followed this om- inous announcement must be given chiefly in the words of one of the members present, since the destruction of this portion of the journals has left us without any other record of the mo- mentous scene that passed. " Mr. Pym," says Clarendon, " in a long formed discourse, lamented the miserable state and condition of the kingdom, aggravated all the particulars which had been done amiss in the government, as ' done and contrived mali- ciously and upon deliberation, to change the whole frame, and to deprive the nation of all the liberty and property which was their birth- right by the laws of the land ; which were now no more considered, but subjected to the arbi- trary power of the privy council, which govern- ed the kingdom according to their will and pleasure ; these calamities falling upon us in the reign of a pious and virtuous king, who loved his people, and was a great lover of jus- tice.' And thereupon enlarging in some spe- cious commendation of the nature and good- ness of the king, that he might wound him with less suspicion, he said, ' We must inquire from what fountain these waters of bitterness flowed ; what persons they were who had so far insinu- ated themselves into his royal affections as to be able to pervert his excellent judgment, to abuse his name, and wickedly apply his author- ity to countenance and support their own cor- rupt designs. Though he doubted there would be many found of this class who had contribu- ted their joint endeavours to bring this misery upon the nation, yet he believed there teas one * Whitelocke's Memorials. t This is Rushworth's expression. 178 BRITISH STATESMEN. more signal in that administration than the rest, being a man of great parts and contrivance, and of great industry to bring what he designed to pass ; a man who, in the memory of many present, had sate in that House an earnest vindicator of the laws, and a most zealous assertor and champion for the liberties of the people, but long since turned apostate from those good affections, and, according to the custom and nature of apostates, was become the greatest enemy to the liberties of his country, and the greatest promoter of tyranny, that any age had produced;' arid then he named 'the EARL of STRAFFORD, lord-lieutenant of Ireland, and lord -president of the council established in York for the northern parts of the kingdom ; who,' he said, 'had in both places, and in all other provinces wherein his service had been used by the king, raised ample monuments of his tyrannical nature ; and that he believed, if they took a short survey of his actions and be- haviour, they would find him the principal au- thor and promoter of all those counsels which had exposed the kingdom to so much ruin ;' and to this end instanced some high and imperious actions done by him in England and in Ireland, some proud and over-confident expressions in discourse, and some passionate advices he had given in the most secret councils and debates of the affairs of state ; adding some lighter pas- sages of his vanity and amours, that they who were not inflamed with anger and detestation against him for the former, might have less esteem and rev- erence for his prudence and discretion ; and so concluded, ' that they would well consider how to provide a remedy proportionable to the dis- ease, and to prevent the farther mischiefs they were to expect from the continuance of this great man's power and credit with the king, and his influence upon his counsels.' " In this brief sketch we may trace the outlines of Pym's speech on this great occasion, and it is a fresh proof of his extraordinary powers. But the resources of a profound understanding are as inexhaustible as the human heart itself. Variously adapting to his various hearers the eloquent austerity of his invective, behold Straf- ford at one moment elevated to the alarm of every wise patriot, and in the next shrunk be- low the contempt of the meanest person pres- ent ! Passion, prejudice, patriotism, every emo- tion that can actuate the virtuous or the base, were called into existence by the orator. It may be to Pym's advantage or disadvantage to state this, but it was so. When he had ceased, there was but one flame raging through that great assembly, and the power of Strafford was blasted forever. Meanwhile, as several members from every side of the House were swelling the general outcry against the accused, a message arrived from the Lords, desiring instant conference on a treaty with the Scots. Pym, at once suspect- ing that the extraordinary precautions which had just been taken respecting the exclusion of strangers had given surprise and perhaps alarm in certain quarters, and that these messengers had a very different object from their professed one, despatched them quickly with an answer to decline the meeting, on the ground of very ! weighty and important business ; and at the same moment gave " such advertisement to some of the lords, that that House might likewise be kept from rising, which would otherwise very much have broken their measures."* " In conclusion," proceeds Clarendon, " after many hours of bitter inveighing, and ripping up the course of the Earl of Stratford's life before his coming to court, and his actions after, it was moved, according to the secret resolution taken before, ' that he might be forthwith im- peached of high treason ;' which was no sooner mentioned than it found a universal approbation and consent from the whole House ; nor was there, in all the debate, one person [not even Mr. Hyde !] who offered to stop the torrent by any favourable testimony concerning the earl's car- riage, save only that the Lord Falkland (who was very well known to be far from having any kindness for him), when the proposition was made for the present accusing him of high trea- son, modestly desired the House to consider ' whether it would not suit better with the grav- ity of their proceedings first to digest many of those particulars which had been mentioned by a committee before they sent up to accuse him, declaring himself to be abundantly satisfied that there was enough to charge bim ;' which was very ingenuously and frankly answered by Mr. Pym, ' that such a delay might probably blast all their hopes, and put it out of their power to proceed farther than they had done already ; that the earl's power and credit with the king, and with all those who had most credit with the king or queen, was so great, that when he should come to know that so much of his wick- edness was discovered, his own conscience would tell him what he was to expect, and therefore he would undoubtedly procure the Parliament to be dissolved rather than undergo the justice of it, or take some other desperate course to preserve himself, though with the hazard of the kingdom's ruin ; whereas, if they presently sent up to impeach him of high trea- son before the House of Peers, in the name and on the behalf of all the Commons of Eng- land, who were represented by them, the Lords would be obliged in justice to commit him into safe custody, and so sequester him from re- sorting to counsel, or having access to his maj- esty, and then they should proceed against him in the usual form with all necessary expedi- tion.' These reasons of the haste they made," continues Clarendon, " so clearly delivered, gave that universal satisfaction, that, without farther considering the injustice and unreason- ableness of it, they voted unanimously (for aught that appeared to the contrary by any avowed contradiction) that they would forth- with send up to the Lords, and accuse the Earl of Strafford of high treason, and several other crimes and misdemeanors, and desire that he might be presently sequestered from the coun- cil, and committed to safe custody ; and Mr. Pym was made choice of for the messenger to perform that office." After an interval of four hours, passed by many persons outside with intense and varied anxiety, the doors of the House of Commons opened at last to give way to Pym, who, issu- ing forth at the head of upward of 300 repre- sentatives of the English people, proceeded to the House of Lords, where " Mr. Pym, at the bar, and in the name of the lower House, and * Clarendon, vol. i., p. 302. Rushworth, vol. iv., p. 43. JOHN PYM. 179 of all the Commons of England, impeached Thomas, earl of Stratford, with the addition of all his other titles, of high treason."* The earl was already in the House, according to Clarendon,! when Pym appeared at the bar, and was even prepared with evidence of a cor- respondence between Pym and other popular leaders and the Scotch, supplied by the perfidy and forgery of Lord Savile, on which he de- signed at that very instant to accuse them of treason. According to the lively and graphic narrative of Baillie, however, Strafford had not yet entered the House with this view ; but, af- ter Pym's sudden appearance, the earl's is thus described : " The Lords began to consult on that strange and unexpected motion. The word goes in haste to the lord-lieutenant, where he was with the king ; with speed he comes to the House ; he calls rudely at the door ; James Maxwell, keeper of the black rod, opens ; his lordship, with a proud, glooming' countenance, makes towards his place at the board-head. But at once many bid him void the house ; so he is forced, in confusion, to go to the door till he was called. After consultation, being call- ed in, he stands, but is commanded to kneel, and on his knees to hear the sentence. Being on his knees, he is delivered to the keeper of the black rod, to be prisoner till he was cleared of those crimes the House of Commons had charged him with. He offered to speak, but was commanded to be gone without a word. In the outer room, James Maxwell required him, as prisoner, to deliver his sword. When he had got it, he cries with a loud voice for his man to carry my lord-lieutenant's sword. This done, he makes through a number of people to- wards his coach, all gazing, no man capping to him before whom, that morning the greatest of Eng- land would have stood discovered. Coming to the place where he expected his coach, it was not there ; so he behooved to return that same way, through a world of gazing people. When at last he had found his coach, and was entering, James Maxwell told him, 'Your lordship is my prisoner, and must go in my coach,' and so he behooved to do. For some days too many went to visit him ; but since, the Parliament hath commanded his keeping to be straiter."J The result proved this to have been what Pym anticipated, the master-stroke of the time. In whatever view, or with whatever sense it is regarded, whether of regret or admiration, it cannot be denied to have been, in its practical results, the greatest achievement of this great age of statesmanship. It struck instant terror into every quarter of the court, and left the king, for a time, powerless and alone. Every resolution of the House of Commons, from the hour of Slrafford's impeachment, took the shape of action. Every discussion ended in something done. Monopolists and patentees * Clarendon's Hist , vol. i., p. 305. t " It was about three of the clock in the afternoon when the Earl of Strafford (being infirm, and not well disposed in his health, and so not having stirred out of his house that morning), hearing that both Houses still sat, thought fit to go thither. It was believed by some (upon what ground was never clear enough) that he made that haste then to accuse the Lord Say and some others of having induced the Scots to invade the kingdom ; but he was scarce entered into the House of Peers when the message from the House of Commons was called in." History, vol. i., p. 350. t Baillie's Letters, vol. i., p. 217. " were at once declared incapable of serving in the House ; the tax of ship-money, and the pro- ceedings in Hampden's case, were declared sub- versive of property, of the laws, of the resolu- tions of former Parliaments, and the petition of rights ; the new Church canons issued by Laud were condemned; and, on the llth De- cember, the London petition against the prel- ates and prelacy, signed by 15,000 citizens, and praying that that episcopal government, with all its dependancies, " roots and branches," might be abolished, was received in ominous silence by the House. "William, lord-archbishop of Canterbury," was then, on the motion of Pym, accused of high treason ; and Denzil Hollis carried up the accusation to the House of Lords.* The Scotch commissioners denounced him at the same time as an " incendiary in the national differences ;" and, after ten weeks' confinement in the house of the usher of the black rod, the Tower re- ceived Laud also. Informations were now lodged against Wren, bishop of Ely, for oppression and idolatry ; and against Pierce, bishop of Bath and Wells, for corruption of religion ; and those prelates were ordered to give large securities that they would abide the judgment of Parliament. Impeach- ments of treason were next prepared against Secretary Windebanke and Lord-keeper Finch. Windebanke escaped to France, and Finch fled to Holland. " So that," says Clarendon, " within less than six weeks, for no more time was yet elapsed, these TERRIBLE REFORMERS had caused the two greatest counsellors of the kingdom, and whom they most feared and so hated, to be removed from the king, and imprisoned under an accu- sation of high treason - f and frighted away the lord-keeper of the great seal of England, and one of the principal secretaries of state, into foreign kingdoms, for fear of the like ; besides the preparing all the lords of the council, and very many of the principal gentlemen through- out England, who had been high sheriffs and deputy-lieutenants, to expect such measure of punishment from their general votes and reso- lutions as their future demeanour should draw upon them for their past offences.f These gentlemen had no cause, except in their own consciences, to tremble. The lead- ers of this great Parliament sought a severe, but a just atonement. They struck down the chief abettors of tyranny in the kingdom, but pardoned its miserable agents. Their terrible inquisition passed over the various sheriffs who had lent their influence to the enforcement of ship-money, while it fixed itself on the servile judges who had prostituted the laws to its sup- port. Bramstone, Davenport, Berkeley, Craw- ley, Trevor, and Weston were obliged to give securities in enormous sums that they would abide the judgment of Parliament ;t while Sir Robert Berkeley, as the principal supporter of the iniquitous tax, was impeached of treason, publicly arrested in the King's Bench court, " taken from off the bench where he sat, and * Whitelocke says in his Memorials (p. 39) that Pym car- ried it up ; but this is an error. See Journals. T Hist, of the Rebellion, vol. i.,p. 311. i The old clause, quamdiu se btne gesserint, was also re- stored, in place of the durante berte placito. See Old Parl. Hist., vol. ix., p. 208. 180 BRITISH STATESMEN. carried away to prison, which struck a great terror in the rest of his brethren then sitting in Westminster Hall, and in all his profession."* The speech which led to this latter startling step was delivered in the House of Commons on the 2d of December, and there is every rea- son to believe by Pym. It appears in pamphlets of the time without the speaker's name ; but in Cromwell's Parliament of 1650, Sir Robert Goodwin brought forward a precedent which, he said, " was urged by John Pym in the Long Parliament," and the only resemblance to which is in the speech alluded to.f Some passages, indeed, at the commencement, would seem to discountenance this supposition of authorship, but the general tone and manner are, emphat- ically, those of the Long Parliament's most fa- mous orator. In the sustained eloquence, the practical wisdom, the singular weight, gravity, and precision of language, and the careful pro- test it records against the hasty judgments of posterity, we feel the voice of Pym. Some passages are too remarkable to be omitted here. After a comparison of the body politic with the body natural a favourite parallel with Pym he thus proceeds : "This Commonwealth is, Mr. Speaker, or should be, but one body ; this House the great physician of all our maladies. But, alas ! sir, of what afflicted part shall we poor patients complain first 1 Or, rather, of what shall we not complain 1 Are we not heart-sick 1 Is there in us that which God requires unity, purity, and singularity of heart 1 Nay, is not religion, the soul of this body, so miserably dis- tracted, that (I speak it not without terror) 'tis to be feared there is more confusion of religion among us than there was of tongues at the sub- version of Babel 1 And is it not, then, high time that we understand one another, that we be reduced to one faith, one government] Sir, is the head whole the seat of government and justice, the fountain from whose sweet influ- ence all the inferior members of this body should receive both vigour and motion 1 Nay, hath not rather a general apoplexy, or palsy, taken or shaken all our members] Are not some dead ; others buried quick ; some dis- membered; all disordered by the diversion of the course of justice 1 Is the liver, nature's ex- chequer, open, from whose free distribution each limb may receive his proper nutriment 1 or, rather, is it not wholly obstructed our property taken from us 1 May it not justly be said of us, " ' Sic vos non vobis fertis Aratra ?' " The hard destiny which for so many years had attended upon labour, is now described with a noble pathos ; and those views respect- ing Church government are stated, which are ascribed, with the greatest justice, to Pym. " Our ancestors drank the juice of their men vines, reaped and ate the fruit of their own harvest, but now the poor man'* plough goes to furrow the seas to build ships ! We labour, not for our- selves, but to feed the excrescions of nature things grown up out of the ruins of the natural members monopolists ! Sir, these are maxima vitalia religion, justice, property the heart, the head, the liver of this great body ; and these being so distempered or obstructed, can the subordinate parts be free 1 The truth is, all is so far out of frame, that to lay open every par- ticular grievance were to drive us into despair of a cure ; in so great confusion, where to be- gin first requires not much less care than what to apply. Mr. Speaker, I know 'tis a right mo- tion to begin with setting God's house in order first. Whoever presses that moves with such advantage, that he is sure no man will gainsay him. 'Tis a well-becoming zeal to prefer reli- gion before our own affairs ; and, indeed, 'tis a duty not to be omitted, where they are in equal dan- ger ; but in cures of the body politic or natural, we must prefer the most pressing exigencies. Physi- cians know that consumptions, dropsies, and such like lingering diseases are more mortal, more difficult to cure, than slight external wounds ; yet if the least vein be cut, they must neglect their greater cures to stop that, which, if neglected, must needs exhaust the stock of nature, and produce a dissolution of the whole man. A defection from the duties of our reli- gion is a consumption to any state : no founda- tion is firm that is not laid in Christ. The de- nial of justice, the abridgment of our liberties, are such an obstruction as renders the Commonwealth leprous ; but the wounds in our property let out the life blood of the people. The reformation of Church government must necessarily be a work of much time ; and, God be thanked, the dis- ease is not desperate. We serve one God, we be- lieve in one Christ, ishops from voting ; and that, on the further measures for .bolishing Episcopacy, he was openly opposed to Hampden, 'ane, Fieanes," &c. This, as will be shown presently, is m utterly groundless assertion, in so far as the existence of Spiscopacy was ever brought in question. My former ref- rence to this subject (p. 185) was in relation to the opin- ons held by Pym on the ecclesiastical constitution of Eng- and as a human institution. t On this, as on every other matter connected with thi ill, Clarendon is guilty of the most wilful, or the most jrossly inaccurate error. He says on this that " the Lords ould not be prevailed with so much as to commit the bill, ut at the second reading utterly cast it out." t See Journals of May, 1641, and an admirable remark in iodwiu's History of the Commonwealth, vol. i., p. 61. 200 BRITISH STATESMEN. duction " the rejecting it was earnestly urged by very many," and repeating some of the re- marks to this effect, the " historian" thus pro- ceeds : " The bill was at last read, and no question being to be put upon the first reading, it was laid by, and not called upon in a long time after.* When everybody expected that nothing should be meniioned in the House but the dispatch of the treaty of the pacification, they called in a morning ' for the bill' (that had so long before been brought in by Sir Edward Deringt) ' for the extirpation of Episcopacy,' and gave it a second reading ; and resolved ' that it should be committed to a committee of the House, and that it should be proceeded upon the next morning.' It was a very long debate the next morning, after the speaker had left the chair, who should be in the chair for the committee ; they who wished well to the bill having resolved 'to put Mr. Hyde into the chair, that he might not give them trouble by frequent speaking, and so too much obstruct the expediting the bill.' In conclusion, Mr. Hyde was commanded to the chair ; they who were enemies to the bill being divided in opin- ion, many believing that he would obstruct the bill more in that place than if he remained at liberty, and they found it to be trite. . . The chairman perplexed them very much ;t for besides that at the end of his report every day to the House, before the House put the question for the concurrence in the votes, he always en- larged himself against every one of them, and so spent them much time ; when they were in the heat and passion of the debate, he often en- snared them in a question ; so that when he re- ported to the House the work of the day, he did frequently report two or three votes directly con- trary to each other. . . After near twenty days spent in that manner, they found themselves very little advanced towards a conclusion, and that they must review all that they had done ; and the king being resolved to begin his jour- ney for Scotland, they were forced to discon- tinue their beloved bill, and let it rest."|| Such and so despicable is the self-sketched character of the loyal and religious Clarendon ! Setting aside his plain falsehoods in these mem- orable extracts, what mean and pitiful petti- fogger of the law would not feel shame to be set down as a party to the tricks which are here unblushingly, and, indeed, with a self-sat- isfied chuckle, described ! And what is the worth of the testimony of such a writer on any disputed matter 1 not to speak of the present, wherein he lent himself to such despicable meanness. Another extract, from Clarendon's own life, * Vol. i., p. 418. t The only just remark I can find in Clarendon about the whole of this matter relates to this weak and silly gentle- man, to whose hands the bill was injudiciously committed, and who will be heard of soon in a very different character. Clarendon observes that the popular party " prevailed with Sir Edward Dering, a man very opposite to all their designs (but a man of levity and vanity, easily flattered by being commended), to present it to the House ; which he did from the gallery, with the two verses in Ovid, the application whereof was his greatest motive : " Cuncta prius tentanda, sed immedicabile vulnus Ense recidendum est, ne pars sincera trahatur." Vol. i., p. 416. $ These words are introduced for the first time in the re- cent Oxford edition. I) These also are restored for the first time. II Vol. i., p. 484. completes the picture he has left of Jiimself at this period. " When Mr. Hyde sat in the chair, in the grand committee of the House for the extirpation of Episcopacy, all that party made great court to him, and the House keeping those disorderly hours, and seldom rising till after four of the clock in the afternoon, they frequently importuned him to dine with them at Mr. Pym's lodgings, which was at Sir Rich- ard Manly's house, in a little court behind Westminster Hall, where he and Mr. Hamp- den, Sir A. Hazlerig, and two or three more, upon a stock kept a table, where they transacted much business, and invited thither those of whose conversion they had any hope." Ex- cept in the lively illustration it affords of the party system of the time, this statement is quite as little worth credit as the others, and, indeed, carries internal evidence of misrepre- sentation. The same writer, in his history, could say that Pym took no interest in the progress of the anti-Episcopacy measure ! The truth was, that if he was interested in any thing more than that at this particular time, it was in the evident trimming and shuffling of " Mr. Hyde" himself. Meanwhile, before turning to consider the latter, let me exhibit the feelings of Pym re- specting these questions in an unequivocal shape. When, for various reasons, this Church bill was temporarily suspended, Pym was the author of a very resolute and decisive meas- ure. Some months before, in the midst of all the threatening aspects of the time, the bish- ops had exhibited their gross love of tyranny, and their still grosser folly, in enacting a series of canons in convocation, which imposed oaths, introduced innovations, and set aside the laws of the land. Pym now pointed out the pro- priety of impeaching the thirteen prelates who had been most active in framing the canons. I will extract the result of this motion from its place in the journals. " Mr. Pym declared from the House of Com- mons that there is nothing of greater impor- tance to the safety and good of the kingdom, than that this high court of Parliament, which is the fountain of justice and government, should be kept pure and uncorrupted, free from partiality and bye respects. This will not only add lustre and reputation, but strength and au- thority, to all our actions. Herein, he said, your lordships are specially interested, as ycu are a third estate by inheritance and birth- right ; so the Commons are publicly interested by representation of the whole body of the commons of this kingdom, whose lives, for- tunes, and liberties are deposited under the custody and trust of the Parliament. " He said, the Commons have commanded him and his colleague, Mr. Solicitor General, to present to your lordships two propositions, which they thought very necessary to be ob- served and put in execution at this time. First, that the thirteen bishops, which stand accused before your lordships for making the late pre- tended canons and constitutions, may be ex- cluded from their votes in Parliament. Sec- ondly, that all the bishops may be suspended from their votes upon that bill, entitled, An Act to disable all Persons in Holy Orders to exer- cise any Jurisdiction or Authority Temporal. JOHN PYM. 201 "The first of these was committed to his charge, and he said he would support it with three reasons : First. That the thirteen bish- ops have broken that trust to which every member of Parliament is obliged ; which trust is to maintain, 1. The prerogative of the king. 2. The privilege of Parliaments. 3. The prop- erty of the subject. 4. The peace of the king- dom. These were the jewels, he said, that are deposed under the trust of Parliament ; and this trust these prelates had broken, not by one transient act, but by setting up canons in nature of laws to bind the kingdom forever. " That the canons are of this nature, appear- ed by the votes of both Houses ; and that they were all parties to the making thereof, appear- ed by the acts of that synod. The book itself the Commons cannot tender to your lordships, because they sent for it, but he that hath the book in custody was out of town ; but a mem- ber of their own House, upon view of it, is ready to depose that their names were entered among those that did subscribe to it. " Wherefore the House of Commons desire your lordships, in the first place, to consider whether they that take to themselves a legislative power, destructive to Parliaments, be Jit to exercise that power of making laws which only belongs to the Parliament. " Secondly. Whether it be safe for the Com- monwealth that they should be trusted with making laws, who, as much as in them lay, have endeavoured to deprive the subject of those good laws which are already made. " A third reason is this, That they stand ac- cused of crimes very heinous ; that is, of sedi- tion, and of subversion of the laws of the king- dom. This will easily appear in the nature of the canons themselves, as also by the votes to which your lordships and the Commons have already agreed. Standing so accused, is it fit that they should have the exercise of so great a thing as the continuing of their votes and places in Parliament 1" And, though it occurred some few months after this time, I will here present also Pym's speech at a conference with the Lords, on de- livering a charge against Lord Digby (recently raised to their Lordships' House), since it has immediate relation to the same question, is sufficiently explanatory of itself, and is a still more distinct and forcible expression than any which has yet been given of the grounds of Pym's opposition to the temporal power and authority of bishops : "My lords, the knights, citizens, and bur- gesses of the House of Commons, now assem- bled in Parliament, have commanded me to pre- sent to your lordships this information, which they have received against the Right Honour- able George, lord Digby, of such dangerous consequence, that, if not prevented, evil and troublesome events may ensue, to the great hazarding the peace of this kingdom, and the great hinderance of the happy proceedings of this Parliament. " My lords, I humbly crave your patience to declare to your lordships what I am command- ed concerning the said information, which is, that he, the said Lord Digby, should give forth report, upon reading the late petition and prot- estation of the twelve bishops, ' that the pres- Cc ent Parliament was a forced one ; and that the acts, votes, and laws that should be enacted therein, without the votes and assents of the bishops, are void and of none effect, and not binding to the subject.' " My lords, this report is of great danger to the state, if proved against the said lord, in these three respects, as I, under your lord- ships' favour, conceive. First, it is a great breach of the rights and privileges of Parlia- ment ; secondly, it intrencheth much on the prerogative of the king, and abridges his royal power ; thirdly, it is the first step to bring into this state an arbitrary and tyrannical form of government. " My lords, it is a breach of the privileges of Parliament for these reasons : It is against the votes of Parliamentary proceedings, which ought to be reserved and unquestionable during the free sitting thereof. It is against the late act of Parliament, in that case made and pro- vided, for not adjourning or abrupt breaking up of the same. This act, my lords, was freely voted by both Houses ; freely and willingly passed by his majesty, -without any force or compulsory means used by any, or private working of any of the members of either House to induce his majesty to do the same ; nay, the act was voted as well by the said lord as the rest of this honourable House. This report, therefore, of his must needs be against his knowledge and former free consent in passing that act. Besides, my lords, one privilege of Parliament, and that one of the greatest, is to accuse and freely proceed to the punishment of delinquents that have caused the troubles in this state, both in Church and Commonwealth. Lord Digby's re- port is against this privilege, since it opposeth altogether our proceedings against the bishops, accused as the greatest delinquents both in Church and State. For, my lords, if the Par- liament is forced in the absence of the bishops, how may then the Parliament proceed lawfully against them"! If the bishops sit and have their votes, although delinquents, in Parlia- ment, how can we proceed, I beseech you, against their votes 1 Then, my lords, to re- dress the grievances of the Commonwealth is a privilege of Parliament. This report is against this privilege. How, I pray you, my lords, can our grievances be redressed, when the oppressions, injustice, and vexatious troub- ling of his majesty's loyal subjects by the bish- ops may not be called in question, nor the mis- doers therein prosecuted and punished for the same 1 Lastly, my lords, under this head, the report is against divers acts of Parliament of this kingdom that have been made without the voice of bishops in Parliament, as is on record in the Parliamentary rolls. And thus, under favour, I have shown you how this report is against the privileges of Parliament. " Next, my lords, this report intrencheth on the royal power and prerogative of the king, and that in two respects : It intrencheth 'on his royal prerogative in making and enacting laws by Parliament, it resting only in his power to pass or refuse the votes of Parliament. My lords, the king of this realm has the greatest prerogative (to require the counsel and assist- ance of the whole State, upon any occasion whatsoever, when it pleaseth him) of any prince 202 BRITISH STATESMEN. in the world, except the King of France ; and, under favour, my lords, I conceive a Parliament cannot be termed forced when it is freely call- ed and willingly continued by the king. I con- ceive, my lords, a forced Parliament is when, against the free consent of a king and his lords, and without lawful calling by writ, men assem- ble themselves, and by force of arms sit in council and enact laws not tending to the wel- fare of the kingdom. The Parliament holden in the fourteenth year of the reign of Edward II. was a forced Parliament ; the barons com- ing thither with horse and arms, and compel- ling the king to pass what they thought proper to have enacted. Moreover, my lords, this re- port intrencheth on the royal power of the king in making of laws ; for, as before I have touch- ed, Parliaments have, without bishops, made and enacted laws. By this supposition, my lords, that laws made without bishops are void, bishops, be they never so vile and disaffected to the tranquillity and security of the state, yet must have votes in rectifying and setting in order such things as are amiss in the same amiss as well by their own procuring as others a 'rectifying' not then likely to take any good effect. Nay, my lords, it is too apparent they have been the greatest opposers of our pro- ceedings in (his Parliament, and the chief est cause why no more is done. " Thirdly and lastly, my lords, this report is the first step to bring in an arbitrary and tyran- nical form of government ; and that, under fa- vour, for these reasons : Free Parliaments are the securest and safest government that ever could be found for this nation, and that in re- spect of the power and wisdom thereof. It is upholden, defended, and preserved by the whole body of the kingdom ; therefore powerful : the members thereof are men elected, one out of ten thousand, by the whole state ; therefore esteemed wise. Then to oppose the proceed- ings thereof, to deny the government thereof, is to change the same ; and, if changed to an- other form (none being so secure, so powerful, and so wise), it must needs be arbitrary, and so tyrannical. Also, my lords, if no laws can be binding to the subject but such as are voted and assented to by the bishops, then none can be expected but such as are destructive to the state, their affections being altogether averted from free Parliamentary proceedings, and their designs only agitated for the opposing the government thereof ; and we cannot but daily fear the utter confu- sion of the same thereby. " Now, my lords, having, to my weak ability, fulfilled the command of the House of Commons in speaking something on this information, I am to desire your lordships, in their name, that the said George, lord Digby, may answer the said information, or otherwise be proceeded against as the Parliament shall think fit." I have remarked that Pym had already seen reason to suspect the secession of " Mr. Hyde" from the popular cause. That celebrated per- son could never have seemed very secure to the sagacious mind of the leader of the party, and he had given forth no unequivocal signs of his feeling and desires on the already noticed disagreement between the two Houses on the bill to restrain bishops' votes. Beside him, also, were a party of weak, though probably well-intentioned men, whom his influence con- trolled. The danger to the cause would ob- viously be great, if at this moment, and before the bulwarks so recently obtained for the pres- ervation of the public liberties had been firmly placed, such a desertion as Hyde could effect from the ranks of the popular members should be suddenly exhibited to the people. Nothing had been more apparent throughout all the con- cessions wrested from Charles than that they had only been yielded, subject to a good occa- sion for reclaiming them. Strafford could not be raised from the dead, and therefore, only, the concession in his case had been harder than in the rest. With a certain semblance of a popular ministry, backed by all the arts of Hyde, and the pretences of half-popular meas- ures, the king had yet the power to strike a heavy blow for the old prerogative. Moreover, the House of Lords were not to be relied on ; and there was too much reason to fear, in va- rious quarters of the country, some still undis- covered sections of the army plot. Charles himself was evidently recovering confidence, while, to save the bishops, the universities were moving heaven and earth.* The course which was, under such circumstances, propo- sed by Pym, with a view to avert these dan- gers, has no parallel for vigour and capacity, no less than a most decisive boldness, even in the records of his life. Charles had warning of it before he departed for Scotland. Doctor Hacket tells us, in his life of Archbishop Williams, that " the bishop, coming to the king, besought his majesty, that for his sake he would put off his Scotch jour- ney to another season. ' Sir,' says he, ' I would it were not true that I shall tell you : some of the Commons are preparing a declaration to make the actions of your government odious. If you gallop to Scotland, they will post as fast, to draw up this biting remonstrance. Stir not till you have mitigated the grand contrivers with some preferments.' ' But is this credi- ble 1' says the king. 'Judge you of that, sir,' says the bishop, ' when a servant of Pym's (in ichose master's house all this is moulded) came to me, to know of me in what terms I was con- tented to leave mine own case in the Star Chamber exhibited among other irregularities 1 and I had much ado to keep my name, and what concerns me, out of these quotations ; but I contrived that of the fellow, and a prom- ise to do me more service, to know all they have in contrivance, with a few sweetbreads that I gave him out of my purse.' Yet nothing was heeded. "t Charles's purpose in this journey was nar- rowly and jealously watched by the patriots. Many and various reasons had been publicly assigned for it, but the real intention the double attempts at negotiation with the dis- banded officers on the borders, with the Cov- enanters, and with those who had supplied to Lord Strafford the forged letter by which Sa- vile strove to implicate Pym and Hampden in treasonous purposes all this was kept care- fully in the back ground. One course remain- ed under these circumstances, and was at once adopted. Commissioners were deputed nomi- * May's History of the Parliament. t Hacket's Scrinia Reserata, part ii., p. 163. JOHN PYM. nally to treat with the Scots concerning the satisfaction of the treaty, but really to thwart and check the king's negotiation with the Cov- enanters, and to report upon them to the Par- liament. Charles went to Scotland, and, al the same time, a committee, openly appointee by the votes of both Houses and consisting of Lords Bedford and Howard of Escricke, of Hampden, Fiennes, Sir Philip Stapleton, and Sir William Armyne openly followed him. Soon after his departure, the two Houses, hav- ing respectively appointed committees to sit and act during the recess, and intrusted them with extraordinary powers,* adjourned over from the 9th of September to the 20th of Oc- tober. Pym was appointed chairman of the committee of the House of Commons. His fame and influence at this period were unbounded. " I think Mr. Pym was at this time," says Lord Clarendon, " the most popu- lar man, and the most able to do hurt, that hath lived in any time." His name was in the mouths of all, whether the residents of palaces or of the " huts where poor men lie." Every nook and corner of the kingdom was pervaded with his influence and renown, and the fiercest hate or the most unbounded love were equally his great reward. It is difficult to ascertain, except on the doubt- ful authority of his enemies, what his private habits were at this time. It is certain, how- ever, that they were not of the rigid or puri- tanic sort, any more than his opinions were those of the Puritans. The quaint Dr. Hacket describes him, in his peculiar style, as " homo ex argilld, et Into factus epicurao, as Tully said of Piso that is, in Christian English, a paint- ed sepulchre, a belly-god ;"t and the Royalist songs, while they charge him in still plainer terms with having been warmly devoted to Bacchus and Ceres, have left us to conclude that in other matters his habits were by no means constrained. t It is not my duty here to enlarge on a point of this kind, which I have already, perhaps, sufficiently adverted to, nor would a mention of such statements, drawn as they are from the political lampoons of the time, have been worth giving at all, were it not that graver authorities have seemed to bear them out. With such authority, even fu- gitive ballads, poignant with the bitterness of the hour so long passed away, are not among the despicable materials of history ; and to me, as illustrations of the fugitive aspects of char- acter, catching, as they recede forever, the glancing points of personal manners, they have seemed most valuable. What remains to be said rests on the authority of Sir Philip War- wick, a " grave writer," though a Royalist, as even Mr. Godwin admits, and certainly a very honourable man. The famous Lucy Percy, the countess of Carlile, now a beautiful dowager of about forty, had been for some years "entirely devoted" to Strafford, when, upon the death of her favour- ite, she suddenly transferred her affections to Pym ; and from this time, it is certain the countess still preserving appearances at court * See the instructions, Old Parl. Hist., vol. ix., p. 537. t Scrinia Reserata, part ii., p. 150, 151. t See some extracts from a curious satire of trie time, in Appendix B. $ Life of Stratford, p. 89. the interior of Whitehall was always better known to the patriot than that of the House of Commons to the king. The character of such a woman needs some explanation. Warburton calls her the " Eryn- nis" of her time, but without just authority. Her passions were certainly not extreme. The reader who is startled at the apparent contra- dictions of her life has not read rightly Sir Toby Mathew's description of her character.* " She is of too high a mind and dignity not only to seek, but almost to wish, the friendship of any creature ; they whom she is pleased to choose are such as are of the most eminent condi- tion both for power and employments, not with any design towards her own particular either of advantage or curiosity, but her nature values fortunate persons. . . She prefers the conver- sation of men to that of women ; not but she can talk on the fashions with her female friends, but she is too soon sensible that she can set them as she wills that pre-eminence shortens all equality. She converses with those who are most distinguished for their conversational powers. . . Of love freely will she discourse ; listen to all its faults, and mark all its power. . . She cannot herself love in earnest, but she will play with love . . . and will take a deep in- terest for persons of condition and celebrity." What wonder, then, if, on the fall of Straf- ford, and the sudden and most brilliant rise of Pym's fame, we find the grave Sir Philip War- wick playing the part of the scandalous chron- icle, and announcing that " Master Pym" had succeeded to the situation of the Earl of Straf- ford in the affections of my Lady Carlile If How much of politics there may have been in Pym's love, or how much love in his politics, the reader must determine. As the fact has been stated, it is presented to him with a com- mentary from Sir Toby Mathew, which seems to render it by no means improbable, on the part of the lady, at least. The wonder remains of how "Master Pym" could find leisure, in the midst of his wonderful and unwearied pub- lic labours, for such affairs of practical gallan- try as this, and others charged upon him. For the imputation of Hacket, it may remain as he has made it. " Voluptuous and wise withal" the great patriot may have been ; and, undoubt- edly, the portly and well-dressed person repre- sented in the various engravings circulated at this periodt as the " true effigies of the burgess for Tavistocke ;" the open and intelligent face, so resolute and yet so quiet ; the long hair flung negligently back from the lofty and deep- thoughted forehead ; the full mustaches upon the upper lip, and the neat arrangement of the peaked beard and dress below, present alto- gether such a picture as may be willingly re- ceived of Pym neither inconsistent with the xtraordinary intellect which every one con- ceded to him, nor bidding absolute defiance to the Royalist slanders. Of Pym's movements during this short recess of Parliament, and generally before the king's return from Scotland, I have been fortunate in * See Mathew's Letters, or the notes to Fenton's edition of Waller. t See Sir P. Warwick's Memoirs, p. 204. Several may be seen in the collection at the British Museum : that by Edward Bower is the best, and I allude to it in the text. BRITISH STATESMEN. obtaining somewhat curious intelligence (not noticed sufficiently by the histories) in the cor- respondence of Evelyn. Sir Edward Nicholas, who succeeded Windebanke in the office of secretary of state, had it left to him in charge by the king, before his departure, to furnish diligent information of what was going on in London ; and the letters in which this was done, noted and answered in the margin by Charles and posted back to the writer, ultimate- ly fell into Evelyn's hands. These shall now be used in illustration of some striking and dis- puted historical passages, and of some certain personal details. The day after the adjournment, Nicholas wrote to Charles a long account of a consoling hope he had, that there were decided differ- ences to be now expected between the two Houses, upon which the king remarks that he is " not much sorrie for it."* In another let- ter, under date of the 27th of September, men- tion is made to Charles of a certain paper, the contents of which are not named, but which he says the Lady Carlile had given to the queen, saying "she had it from the Lord Mande- ville." Taken in connexion with this, the fol- lowing is very curious : " I heare," continues Nicholas, " there are diverse meeting's in Chelsey att -f Lo. Mandeville-house and elsewhere, by Pym and others, to consult what is best to bee done at their next meeting in Parliament." Whereupon is this remark by the king : " It were not amiss that some of my servants met lykewise to countermynd their plots, to w'ch end speake w'th my wyfe, and receive her direc- tions, "t This Lord Mandeville is better known by the title of his barony, Kimbolton, in right of which he was at about this period called up to the House of Lords. He now lived at Chelsea, and Pym had taken lodgings near him. The meetings alluded to in the above extracts, the presence of Lady Carlile, the temper of the king, and his anxiety for a " plot" of his own, and the graphic touch with which his majesty's note concludes, are worth rescuing from the secret records of the time. In none of the cor- respondences do Henrietta's intrigues and the king's subjection}: appear more manifest than in this of Sir Edward Nicholas. My next ex- tracts will prove her distinct participation, and also that of the king, in Goring's army plot. In this plot Sir John Berkeley, afterward gov- ernor of Exeter, and Captain O'Neale, were deeply implicated.^ Under date of the 29th of September, Nicholas writes to the king : " Yes- terday, at Oatlands, I understood that Sir Jo. Berkeley and Capt. O'Neale were come over, and that they had beene the day before privately at Weybridge : I was bould then to deliver my opin- ion to the queene, that I did believe, if they con- * Evelyn's Memoirs, vol. ii., part ii., p. 18, quarto ed., 1819. In the two following letters there are some curious particulars respecting the crown jewels, with injunctions to peculiar secrecy, which are not a little significant of the king's purposes at this time. P. 21-23. t In a subsequent letter Nicholas tells the king that he had communicated respecting all this with her majesty, but that she " saith that cannot bee done in your majestie's ab- sence." Charles answers : " I confess, not so well, but yet so much as may do much good ; therefore be diligent in it." P. 34. t See a curious marginal note by Charles at p. 142. v See iMay's History. tinued in England, they would bee arrested [by Pym]. Her majestie seemed (when I tould it her) to appehend noe lesse, and will, I believe, take order that notice may bee given to them of y* danger." In a letter of the 5th of October he adds : " The Commons' committee met, and had before them Sir Jo. Berkeley and Capt. O'Neale, who were (as I heare) yesterday ap- prehended by the servant of the serjeant att arms."* Here the king remarks, " / hope some day they may repent their severitie ;" and at the close of the letter, Nicholas having told him of the jocund cheerfulness of Pym and his friends, Charles subjoins, " / believe, before all be done, that they will not have such great cause of joy." Again: Nicholas having written in his next letter, "Mr. Pym reports that the Earle of Arguile is chancellor of that kingdome (Scotland) ;" Charles affixes to the passage these significant words : " You may see by this that all his designes hit not ; and I hope, before all be done, that he shall miss of more." And in the despatch following this, the secretary having implored the immediate return of the king, say- ing that, " if your majestie doe not hasten to bee here some dayes before ye next meeting in Parliament, I doubt there will bee few that will dare to appeare here to oppose ye partie that now swayeth ;" Charles answered : " Though I cannot return so soon as I could wishe, yet I am confident that you willjinde there was neces- sitie for it, and I hope that manie will misse of their ends." No one in the slightest degree acquainted with the character of Charles, and with the pe- culiar intrigues he was at this very period car- rying on in Scotland, will hesitate to attach suf- ficient meaning to these covert threats against Pym and the popular leaders. There had nev- er been a time in which greater danger threat- ened the people's cause than now ; never was there a time looking at the daily defections within the House of Commons, at the falling off of the Lords without, at the rotten condi- tion of the army, and the notorious and well- proved perfidy of the king wherein a greater necessity existed for some grand appeal to the people, not simply to save the freedom of Par- liament, but even the lives of its most illus- trious members ; not simply to secure the per- manence of those provisions which had been achieved for the public liberty, but even to ward off the substitution of a naked despotism. Pym and Hampden acted with a perfect knowl- edge of these things, then, far beyond our im- perfect surmise now. Parliament reassembled, after the recess, on the day to which it stood adjourned, the 20th of October. In an able and lucid statement, t * Pym's own report of this affair, delivered on the reas- sembling of Parliament, differs from this. He said, " Next there came to me, to my lodgings at Chelsea, Sir John Berke- ley and Serjeant-major O'Neal, who said they heard they were accused, and had rashly withdrawn themselves ; but, upon better consideration, they were returned to submit to the pleasure of the House. I thought it my duty to make some privy counsellor acquainted therewith, whereupon I went to my Lord Willmot with them, who undertook they should attend the committee the next sitting, which they did accordingly ; and, in pursuance of the order and warrant of the House for the apprehending of them, they were both attached by the Serjeant's deputy : so the House may be pleased to send for them, arid to do therein as they see cause." Parl. Hist., vol. x., p. 5. t See Parl. Hist., vol. x., p. 1-6. JOHN PYM. Pym reported the proceedings of the commit- tee during the recess. While yet engaged upon this duty, news arrived in London of that cele- brated occurrence at Edinburgh which is well known in history by the name of the "Inci- dent." Through all the mystery which yet en- wraps this affair, one thing is not denied ; that Charles received from Montrose his project of assassination, and, having received it, continu- ed Montrose in his service and confidence. Montrose had indeed established a lasting hold upon Charles's favour by the proposition he coupled with his scheme of assassination to cut off the English leaders by the milder, but not less certain course of law, on evidence of a " treasonable correspondence" with the Scot- tish army. The king's every thought now bore upon the latter scheme : he had entered Scot- land with a view to conciliate the Covenant- ers, in the vain hope of effecting it in that way ; failing of this, he concerted with Mont- rose to trample upon the Covenant, only with a view to the same end. Pym, Hampden, and the rest struck down, the world of despo- tism would be once again before him where to choose ! But with the news of the " incident," letters from Hampden, still in Edinburgh with the com- mittee, were placed in Pym's hands. Their contents may be surmised from the fact that Pym instantly proposed and conducted a con- ference with the lords " concerning the securi- ty of the kingdom and Parliament ;"* denoun- ced again a branch conspiracy in London ; and demanded that all the military posts of the city should be occupied with a strong force. This was at once acceded to, and, besides this, the Westminster trainbands were brought up to guard the Houses of Parliament by night as well as day.f Secretary Nicholas, deeply alarmed, wrote to the king, " It is thought that this businesse will bee declared to bee a greater plot against the kingdome and Parliamts in Eng : and Scotl : than hath beene discovered at all. There have leene some well-affected Parliament-men here with me this morning, to know whether I had any re- lac'on of that businesse ; but rinding I had none, they seemed much troubled, as not knowing what to say to it." To this the king answers with cautious reserve. In a subsequent letter Nicholas mentions the sudden introduction of another bill for abolishing the temporal func- tions of the bishops, accompanying it with a remark, that " it is said to bee against ye an- tient order of P'liamt to bring in a bill againe ye same sessions that it was rejected ;" where- upon the king eagerly seizes this objection, and orders Nicholas to "bid his servants make as much use of it as may bee."J They did so, and were foiled by Pym. His great object at this time was to weaken the powers of mischief in the upper House ; and finding that his impeachment against the thir- teen bishops on the ground of their share in the recent canons must be quashed on some points of informality (the lords had already ad- mitted their demurrer), he counselled the rein- troduction of the first bill against the bishops ' See Rushworth, vol. iv., p. 390. t Rushworth, vol. iv., p. 392. t Evelyn, vol. ii., part ii., p. 45. as a temporary compromise for a great ulti- mate gain. I will describe the result in Clar- endon's words, as recently restored :* " Mr. Pym and his party found that they were so far from having gotten credit by their angry bill against the Church for the extirpation of bish- ops, that they had lost ground in the attempt, and therefore they seemed to decline any far- ther thought of such a violent proceeding, and to have more moderate inclinations ; and so, one morning, they brought in and desired to have a bill read for the taking away the votes of the bishops out of the House of Peers, no otherwise differing from the former than it was shorter. It was opposed by many that it should be received or read ; for it was a known rule of the House that a bill rejected could not be brought again into the House during the same session, which was an order that had never been known to be violated, which Mr. Pym con- fessed, but said, ' that our orders were not like the laws of the Medes and Persians, not to be al- tered > but that they were in our own power ; and that the receiving this bill, since it was in our power, was very necessary, and would quiet the minds of many, who, it may be, would be contented with the passing this bill, who would otherwise be importunate for more violent rem- edies ; and that there was reason to believe that the Lords, who had rejected the former bill, were very sorry for it, and would give this a better reception ; and if they did not, it would meet with the same fate the other had done, and we should have the satisfaction of having discharged our own consciences.' The con- tent many men had to see the former violence declined and more moderate counsels pursued, prevailed so far, that the bill was received and read ; and the same reasons, with some sub- sequent actions and accidents, prevailed after- ward for the passing it in the House of Com- mons, though it received a greater opposition than it had done formerly. And the Lord Falk- land then concurring with his friend Mr. Hyde in the opposing it, Mr. Hampdent said that he was sorry to find a noble lord had changed his opinion since the time the last bill to this pur- pose had passed the House ; for he then thought it a good bill, but now he thought this an ill one. To which the Lord Falkland presently replied, that he had been persuaded at that time by that worthy gentleman to believe many things which he had since found to be untrue, and therefore he had changed his opinion in many particulars, as well as to things as persons." Very true and candid was this, but not very startling, since Pym and Hampden knew it well already ; and " Mr. Hyde" had taken good care that, by this time, the king should know it too. " I may not forbeare to let your matie knowe," wrote Sir Edward Nicholas, under date of the 29th of October, " that the Lo. Falkland, Sr Jo. Strangwishe [Strangeways], Mr. Waller, Mr. Ed. Hyde, and Mr. Holborne have lately stood as champions in maintenance of your preroga- tive, whereof yr matie shall doe well to take some notice (as yor matie shall thinke best) for their incouragement.'" The king answered, eagerly and earnestly, " I command you to doe it in * Oxford ed. of 1826, vol. ii., p. 75, 76, note, t Hampden had returned from Scotland some few days before. 206 BRITISH STATESMEN. my name, telling them that I will doe it my self e at my returned From the date of this corre- spondence, at least, these men were retained on behalf of Charles. But Pym watched them more and more narrowly as the great struggle drew nigh. News of the Irish rebellion and massacre now burst upon London. Following so closely upon the Scottish " incident," and coupled with the evidence of still more striking circumstan- ces against the king, this shocking event in- creased to a fearful degree the prevailing ex- citement. The cold and laconic remark of Charles to Sir Edward Nicholas respecting it has not been noticed. " I hope," he merely wrote, " I hope this ill newes of Ireland may hinder some of theas follies in England."* The " follies" and their authors only moved more resolutely forward. A petition had been in agitation for some time in the lower House, " to be presented" (I quote Sir Edward Nich- olas's description) " to yo* matie, to receave the Parliament's approbation of such officers, councillors, &c., as yo r majtie shall choose, for better prevenc'on of the great and many mis- chiefs that may befall ye Commonwealthe, by ye choice of ill councillors, officers, amb'dors, and ministers of state." Nothing could exceed the king's alarm at this proposed measure, or the earnestness of his commands that it should by some means or other be " stopp'd." Hyde and Falkland, as may naturally be supposed, with their present prospects, opposed it bitter- ly, step by step ; but Pym and Hampden active- ly urged it on. At last, on the 10th of Novem- ber, according to the Lords' journals, Pym ap- peared at the head of the Commons, in confer- ence with the upper House, and proceeded to explain to their lordships the several steps, as they are there called, by which evil counsels had wrought such danger to the kingdom, and demanded remedy so loudly. " First. That the dangers which come to the state by ill counsels are the most pernicious of all others. Since it is usual to compare poli- tick bodies with natural, the natural body is in danger divers ways : either by outward vio- lence, that may be foreseen or prevented, or else by less appearing maladies, such as grow upon the body by distempers of the air, im- moderate exercise, or diet ; and when the causes of the disease are thus clear, the remedy is easily applied ; but diseases which proceed from the inward parts or the more noble parts it is a hard thing to apply a cure to such dis- eases. Ill counsels are of that nature ; for the mischiefs that come by evil counsel corrupt the vital parts, and overthrow the public gov- ernment. " Secondly. That there have been lately, and still are, ill counsels in this kingdom and about the king. That there have been lately, you will not doubt, when the main course of the government hath been so employed as popery thereby hath been maintained, the laws sub- verted, and no distinction kept between justice and injustice ; and that there are ill counsels still is apparent by the courses taken to advance mischievous designs : his majesty's wisdom and goodness kept them from his heart, tho' they were not kept out of his courts. So must * Evelyn, part ii., vol. ii., p. 45. principal and mischievous designs have been practised by such as had near access unto his majesty, tho' not to his heart, and the apolo- gists and promoters of ill counsels are still pre- ferred." The singular and grave caution of these dis- tinctions is not the least remarkable character- istic of Pym. No man could so thoroughly keep within the nice bounds of Parliamentary phrase while urging the bitterest things. " Thirdly. The ill counsels of this time are in their own nature more mischievous and more dangerous than the ill counsels of former times : former counsels have been to please kings in their vices, from which our king is free ; and sometimes for racking of the prerog- ative. If it had gone no farther, it had brought many miseries, but not ruin and destruction. But the ill counsels of this time are destructive to religion and laws, by altering them both, and therefore more mischievous in their own nature than those of former times. " Fourthly. That these ill counsels have pro- ceeded from a spirit and inclination to popery, and have had a dependance on popery, and all of them tend to it. The religion of the Pa- pists is a religion incompatible with any other religion ; destructive to all others, and not en- during any thing that opposeth it. Whosoever doth withstand their religion, if they have pow- er, they bring them to ruin. There are other religions that are not right, but not so destruc- tive as popery, for the principles of popery are destructive of all states and persons that op- pose it. With the progress of this mischievous system of evil counsel they provide counsel- lors, fit instruments and organs, that may exe- cute their own designs, and so turn all coun- sels to their own ends. You find now, in Ire- land, that those designs that have been upon all the three kingdoms do end in a war for the main- tenance of popery in Ireland. They would do the like here if they were able, so intent are they to turn all to their own advantage. " Fifthly. That unless these ill counsels be changed, it is impossible that any assistance, aid, or advice that the Parliament can take to reform will be effectual, for the public orders and laws are but dead if not put in execution. Those that are the ministers of state put things into action ; but if acted by evil men, and while these counsels are on foot, we can expect no good. It is like a disease that turns nutritives into poison. " Sixthly. That this is the most proper time to desire of his majesty the alteration and change of the evil counsellors, because the Commonwealth is brought into distemper by them, and so exhausted that we can endure no longer. Another reason why we cannot admit of them is to show our love and fidelity to the king in great and extraordinary contributions and aids. When God doth employ his servants, he doth give some promise to rouse up their spirits ; and we have reason now to expect the king's grace in great abundance. This is the time wherein the subjects are to save the king- dom of Ireland with the hazard of their lives and fortunes, and therefore expect it from his majesty in a more large and bountiful manner than at other times. This is a time of great agitation and action, when other states being JOHN PYM. 207 ready, by preparation, to annoy us, ill and false counsels at home may quickly bring us to ruin. As we have weakness at home, so we ought to discern the actions abroad, where great pro- visions are made ; and a carelessness and im- providence herein, when our neighbours are so provided, and have great fleets at sea, will open a way to sudden ruin and destruction, before we can be prepared ; and therefore it is now the fittest time to move the king. " Seventhly and lastly. That this alteration of counsels will bring great advantages to the king in his own designs. In all our actions, our prayers to God should be that his name may be glorified ; so our petitions to his maj- esty should bring honour, profit, and advantage to him, by a discouragement to the rebels, a great part of their confidence resting in the evil counsels at home, as by the examinations ap- peareth. It will be a great encouragement to the king's good subjects at home, who hazard their lives, and give aid and contribution, to have things governed for the public good. It will make men afraid to prefer servants to the king that are ill counsellors, when they shall come to the examination of the Parliament ; for many times servants are preferred to princes for the advantage of foreign states. This will put an answer into the king's mouth against all impor- tunities, that he is to prefer none but such as will be approved of by Parliament. Those that are honourable and most ingenuous are aptest to be troubled in this kind, and not to deny ; therefore the king may answer, ' He hath prom- ised his Parliament not to admit of any but by advice of Parliament.' This will silence them all. These are domestick advantages ; but it will also make us fitter to enter into union and treaty with foreign nations and states, and to be made partakers of the strength and assist- ance of others : it will fortify us against the designs of foreign princes. There hath been one common counsel at Rome and in Spain, to reduce us to popery : if good counsel at home, we shall be the better prepared to preserve peace and union, and better respect from Ire- land. It will also make us fit for any noble de- sign abroad." Secretary Nicholas, after describing to the king the effect of this grave and condensed statement, adds : " Yo r ma tie may perceave of what extream necessitie and importance yo r ma tie' S p ee( iy returne is, w ch I beseech y r ma tie by all meanes to hasten." Its effect in other quarters was like to have proved of immediate personal danger to Pym. Some few days af- ter he entered the House with an open letter in his hand, and told the speaker that he had just received a letter from a porter at the door of the House, and that, upon the opening of it, a covering which had come from a plague wound* dropped out of it, and that the letter itself contained many menaces, and much rail- ing against him. The porter, being examined, said " a gentleman on horseback, in a gray coat, gave him twelve pence for the speedy delivery of it." " Whatever the matter was," observes Nalson, " it made a mighty noise both in the House and out of the House, in the city and country ; for Mr. Pym was then one of the * The plague still lingered in various places in and about London. greatest idols of the faction. All the art ima- ginable was used to find out the author of this dangerous attempt to infect Mr. Pym with the plague, but to no purpose." In a curious pam- phlet published four days after Pym's death, and called " A short View of his Life and Ac- tions,"* I find a literal copy of this letter, su- perscribed " To my honoured friend John Pym, Esquire," and in-written thus : " Master Pym, do not think that a guard of men can protect you, if you persist in your courses and wicked designes. I have sent a paper messenger to you, and if this do not touch your heart, a dagger shall, so soon as I am recovered of my plague. In the mean time, you may be forborn, because no better man may be indangered for you. Re- pent, traitour." In the same pamphlet it is said, that soon after this occurrence a gentle- man, " mistaken for Mr. Pym," was stabbed in Westminster Hall by a ruffian who escaped, so that it is probable the amiable letter-writer kept his word ! Nor was this all. Sir Edward Nicholas, in the same letter which details the above at- tempts to the king, adds, that " on Monday last, in y e evening, another as desperate and dan- gerous a conspiracy against Mr. Pym was dis- covered by a poor zealous taylor." And by other conspiracies besides these against his lifet were the public virtues and services of this great person acknowledged and sought to be repaid. A series of harassing suits were commenced against him, with a view to deprive him, if possible, of his Parliamentary privilege, till at last, so eagerly were they followed, the House itself thought fit to interfere, and pro- tect him by a special order. J It was a vain persuasion that by such means as these the spirit of Pym could be broken or subdued. It rose to its duties with greater re- solvedness ; and in a subsequent conference with the Lords, who still held back from any thing like willing co-operation, he suddenly threw out a very plain and very memorable warning, which produced a deep impression at the time, and had, no doubt, the practical effect its author intended ; since, while it brought the divisions that now, under the management of Hyde and his friends, distracted the Commons themselves, to what might be called the ex- treme point of difference, it settled also the terms of the struggle, and the conditions of the victory, in the great party contest now instant- ly impending. When a great fight is to be fought for great results, it is better to take up position upon an extreme ground of certain and defined principle, than on the half covered way of policy. Pym recommended the upper House to consider that " the Commons were the rep- resentative body of the whole kingdom, while * See No. 135 of King's Pamphlets, Brit. Mus. t Clarendon alludes to them with his usual want of in- genuousness. " Men being thus disquieted, and knowing little, and so doubting much, every day seemed to them to produce a new discovery of some new treason and plot against the kingdom. One day, ' a letter from beyond seas, of great forces prepared to invade England ;' another, ' of some at- tempt upon the life of Mr. Pym.' " Vol. ii., p. 24. I " It was this day ordered that Mr. Pym, being sued for tythe wood, shall have the privilege of Parliament, and that Lewis Lushford and others, the solicitor and attorney on, the other side, be hereby enjoyned to forbear to prosecute, or further to proceed in that suit, or any other that con- cerns the said Mr. Pym." (.Yukon's Collections, vol. ii , p. 393.) 208 BRITISH STATESMEN. their lordships were but as particular persons, and present in Parliament in a particular ca- pacity."* The trimmers shrank from his side at this ; but the trimmers were held of little value by Pym and Hampden. On the 22d of November their great meas- ure was presented to the House by Pymt their final appeal to the nation on behalf of lib- erty against despotism the Grand Remon- strance" on the state of the kingdom. It was a " severely elaborate" review of Charles's mis- government in Church and State from the com- mencement of his reign ; it summed up all the grievances under which the people had suffered in language of great energy and power, and it pointed out the redress already achieved, and what still remained to be done. Great securi- ties for the people were yet to be struggled for ; and the patriots, in directing their present ap- peal emphatically to the people, exercised a wise and just policy of enlightening them, and guiding them to the future by severe reference and warning to the past. By other means their object must have failed of accomplishment. They did not scruple to declare frankly " that, without a seasonable care to disappoint some councils still entertained, all the good acts which they had obtained were in danger of be- ing lost." And stronger and plainer than this was their allusion to the Lords, that they had no hope of settling the kingdom's distractions, for want of a concurrence on the part of the upper House. " What can we the Commons do," said the words of the remonstrance itself, " without the conjunction of the House of Lords 1 And what conjunction can we expect there, where the bishops and recusant lords are so numerous and prevalent that they are able to cross and interrupt our best endeavours for reformation 1 They have already hindered the proceedings of divers good bills, passed in the Commons' House, concerning the reformation of sundry great abuses and corruptions both in Church and State." One passage, memorable for its effect upon the people, will illustrate the tone and purpose of the statement of grievances Referring to the dissolution of the third Parlia- ment, the remonstrants proceed : " The privi- leges of Parliament broken, by imprisoning di- vers members of the House, detaining them close prisoners for many months together, with- out the liberty of using books, pen, ink, or pa- per ; denying them all the comforts of life, all means of preservation of health, not permitting their wives to come unto them, even in time of their sickness ; and, for the compleating ol that cruelty, after years spent in such misera- ble durance, depriving them of the necessary means of spiritual consolation, not suffering them to go abroad to enjoy God's ordinances in God's house, or God's ministers to come to them, to administer comfort unto them in their private chambers ; and to keep them still in this oppressed condition, not admitting them to be bailed according to law, yet vexing them * Nalson's Collections, vol. ii., p. 712. t Clarendon's History, vol. ii.,p. 606, restored text. His words, though they convey a misrepresentation, are stri- king : " On Monday, the 22d oP November (the king being within two miles of London), MY. Pym brought in the re- monstrance, which was read ; having no direction to the king, or mention of the House of Peers, but being a plain declaration from the House of Commons to the people." with informations in inferior courts ; sentencing and fining some of them for matters done in Parliament, and extorting the payments of hose fines from them ; enforcing others to put n security for good behaviour before they could be released. The imprisonment of the rest, who refused to be bound, still continued (which might have been been perpetual, if necessity had not, the last year, brought another Parlia- ment to relieve them), of whom one (Sir John Eliot) died by the cruelty and harshness of his mprisonment, which would admit of no relaxation, notwithstanding the imminent danger of his life did sufficiently appear by the declaration of his thysician, and his release, or at least his refresh- ment, was sought by many humble petitions. AND HIS BLOOD STILL CRIES FOR VENGEANCE ! Or TC- jentance of those ministers of. state who at once obstructed the course both of his majes- ty's justice and mercy !" The document closed with a general petition that the bishops should 3e deprived of their votes, and that none should intrusted with the public affairs whom the Parliament might not approve of. A violent and long debate arose on its intro- duction. The House had commenced its sit- ting at eight o'clock in the morning ; at twelve at noon the debate commenced ; at twelve at midnight the remonstrance was carried by a majority of eleven. Hampden then openly dis- closed the purpose of the remonstrants by mo- ving that the remonstrance should be printed. Hyde opposed this with a counter motion ; de- nied the right of the House of Commons to print any thing without the concurrence of the Peers,* (!) and asserted for himself the right of protesting against the vote of the majority. In this he was joined by several members, and a desperate effort was made to enter a formal protest of the minority against the decision of the House. The conflict of voices and of pas- sions became tremendous, and bloodshed, Sir Philip Warwick says, was like to have ensued. " We had catched at each other's locks, and sheathed our swords in each other's bowels, had not the sagacity and great calmness of Mr. Hampden, by a short speech, prevented it, and led us to defer our angry debate until the next morning." Meanwhile, at about two o'clock, Hampden's motion for the printing had been carried, and now, at three in the morning, the House adjourned. Clarendon shall tell what occurred on the meeting of the following day. It may serve to explain one of the reasons of his personal, no less than public hatred of the memory of Pym. " About three of the clock, when the House met, Mr. Pym lamented the disorder of the night before, which, he said, might probably have engaged the House in blood, and had pro- ceeded principally from the offering a protesta- tion, which had been never before offered in that House, and was a transgression that ought to be severely examined, that mischief might not result hereafter from that precedent ; and there- fore proposed that the House would the next morning enter upon that examination, and in the mean time men might recollect themselves, and they who used to take notes might peruse their memorials, that the persons who were the * Hist., vol. ii., p. 43. The word " never" is replaced in this edition for the substituted " seldom." JOHN PYM. chief causers of the disorder might be named, and defend themselves the hest they could ; and with this resolution the House rose, the vexa- tion of the night before being very visible in the looks and countenance of many."* During this stormy and eventful scene the king was on his way from Scotland. He ar- rived on the 25th of November, " brooding in secret over his purposed vengeance on the popular leaders. "t His first act was to reward the deserters from the people. He made Falk- land secretary, and Colepepper chancellor of the Exchequer, while Hyde proposed to waive office for himself at present, on the ground that " his services would be more useful without it," or, in other words, that he had not yet lost the hope of secretly betraying the cause. Charles's next step was to remove the guards, which, since the Scotch incident and the Irish rebellion, had protected both Houses. The Commons strongly objected, and the king an- swered that his presence was a sufficient pro- tection ! On the 1st of December the grand remon- strance was presented to him at Hampton Court. He evaded an immediate answer, and promised to send one. The Commons at once published the remonstrance, " contrary," says Whitelocke,J " to the king's desire, and before his answer made to it." In a few days, how- ever, an answer, secretly drawn up by Hyde, was made public in the name of Charles. Ev- ery thing was rushing to a crisis. A bill now depended in the lower House for raising soldiers by impressment. Charles sud- denly intimated that he should pass it only with an express saving of his prerogative, and add- ed that he was " little beholding to him, who- ever at this time began this dispute." Pym at once proceeded to the House of Lords, at the head of a conference, and proposed the follow- ing resolutions : " It is our opinion, that the privileges of Parliament are broken, 1. By his majesty's taking notice of the bill for pressing, it being in agitation in both Houses, and not agreed on. 2. In that his majesty should pro- pound a limitation and provisional clause to be added to the bill before it was presented to him by the consent of both Houses. 3. In that his majesty did express his displeasure against some persons for matters moved or debated in Parliament during the debate and preparation of that bill. 4. That a declaratory protestation be entered into by both Houses for the claim of these privileges and liberties ; and that a petitionary remonstrance be drawn up and pre- sented to his majesty about them." An " hum- ble petition" was immediately presented, im- bodying the stern request that " he (the king) should take notice that the privilege of Parlia- ment was broken, and to desire him that it may not be done so any more hereafter." Charles made an " ample apology." The remonstrance, meanwhile, was doing its work among the people, and the popular dis- contents against the bishops were loudly heard. || * History, vol. ii., p. 45, 46. t History from Mackintosh, vol. v., p. 283. t Memorials, p. 48. (> Consult the restored text of the History. II Clarendon snys that the temporal peers had become equally objects of popular odium. And he proceeds to say, but without any authority of the reports or journals to bear Do Upon this Williams, who had recently made his peace with Charles, and succeeded to the arch- bishopric of York, committed that act which, considered as a rashness, was such a strange departure from his character, but, viewed as a first step to the king's cherished purpose of re- voking all that had been done in the past year, on the ground that the Parliament had not been free, was in perfect keeping with the huge in- trigue of his life. He drew up a declaration, and prevailed with eleven other prelates to join him in it, to the effect that the bishops could no longer, without danger to their lives, attend their duty in Parliament, and that they there- fore protested against the validity of any votes or resolutions of the House of Lords during their absence. This was delivered by the lord- keeper, and heard with extreme resentment. The Lords treated it as a breach of privilege, and communicated with the Commons ; when the latter, after a debate with closed doors, impeached the twelve bishops of high treason. On the 30th of December they appeared as cul- prits on their knees at the bar of the upper House. Ten were committed to the Tower, and two, on the score of age and infirmity, to the usher of the black rod. Thus closed 1641, the most eventful year of the English history, and upon the first day of 1642 blood was shed. A dissolute Royalist of- ficer drew his sword at Westminster, and, in- venting a term which afterward became very famous, threatened death to " the Roundheads who bawled against the bishops." Colonel Lunsford, too, who had been appointed to the Tower by Charles, in defiance of the wishes of the Commons, drew his sword upon the popu- lace ; several of his friends followed his exam- ple ; and some of the citizens were wounded, while one, Sir Richard Wiseman, was killed. The next scene took place in the House of Commons. The question of a guard was again debated, with halberts in the House for their defence. Pym had presented to the Lords the following condensed and most significant state- ment of reasons for the protection claimed. " The great number of disorderly, suspicious, and desperate persons, especially of the Irish nation, lurking in obscure alleys and victual- ling-houses in the suburbs, and other places near London and Westminster. The jealousy conceived upon discovery of the design in Scot- land for the surprising of the persons of divers nobility and members of the Parliament there, which had been spoken of here some few days before it broke out, not without some whispering intimation that the like was intended against di- vers persons of both Houses, which found the more credit by reason of the former attempts of bringing up the army to disturb and inforce this Parliament. The conspiracy in Ireland, him out, " Hereupon the Lords sent to the House of Com- mons, and many members of that house complained ' that they could not come with safety to Ihe House ; and that some of them had been assaulted, and very ill entreated, by those that crowded about that door.' But this conference could not be procured, the debate being still put off to some other time, after several speeches had been made in justifi- cation of them, and commendation of their affections, some saying ' they must not discourage their friends, this beinef a time they must make use of all friends ;' Mr. Pym himself saying, ' God forbid the House of Commons should proceed in any way to dishearten people to obtain their just desires in such a way.'" History of the Rebellion, vol. ii., p. 87. 210 BRITISH STATESMEN. managed with so much secrecy that, but for the happy discovery at Dublin, it had been ex- ecuted in all parts of the kingdom upon one and the same day, or soon after, and that some of the chief conspirators did profess that the like course was intended in England and Scot- land, which being found in some degree true in Scotland, seemed the more probable to be like- wise designed for England. Divers advertise- ments beyond the sea, which came over about the same time, ' That there should be a great alteration of religion in England in a few days, and that the necks of both the Parliaments should be broken.' Divers examinations of dangerous speeches of some of the popish and discontented party in this kingdom. The secret meetings and consultations of the Papists in several parts : their frequent devotions for the prosperity of some great design in hand. These several considerations do move the Parliament to desire a guard, which for the most part should be under the command of the Earl of Essex ; and they do conceive that there is just cause to apprehend that there is some wicked and mischievous practice to interrupt the peace- able proceedings of the Parliament still in hand ; for preventing whereof, it is fit the guard should be continued under the same command, or such other as they should choose ; but to have it under the command of any other not chosen by themselves, they can by no means consent to, and will rather run any hazard than admit of a precedent so dangerous both to this and future Parliaments. And they humbly leave it to his majesty to consider whether it will not be fit to suffer his high court of Parliament to enjoy that privilege of providing for their own safety which was never denied other inferior courts, and that he will be pleased graciously to believe that they cannot think themselves safe under any guard of which they shall not be assured that it will be as faithful in defend- ing his majesty's safety as their own, whereof they shall always be more careful than of their own." And now Pym rose to add additional reasons, drawn from the recent practices and menaces of the English "malignant party." The House of Commons was still in debate the 3d of January, 1642 when Herbert, the attorney-general, appeared at the clerks' table of the House of Lords, and said that " the king had commanded him to tell their lordships that great and treasonable designs and practices against him and the state had come to his maj- esty's knowledge, for which the king had given him command to accuse, and he did accuse, the Lord Kimbolton, Mr. Pym, Mr. Hampden, Mr. Hollis, Sir Arthur Hazlerigge, and Mr. Strode, of high treason." He then read the articles, which sufficiently indicate how the blow would have been followed up in case it had succeeded thus far. They were couched in these words : " First. That they have traitorously endeavoured to subvert the fundamental laws and government of this kingdom, and deprive the king of his regal power, and place in the subjects an arbi- trary and tyrannical power. Second. That they have traitorously endeavoured, by many foul aspersions upon his majesty and his gov- ernment, to alienate the affections of his people, and to make his majesty odious to them. Third. That they have endeavoured to draw his maj- esty's late army to disobedience to his majes- ty's commands, and to side with them in their traitorous designs. Fourth. That they have traitorously invited and encouraged a foreign power to invade his majesty's kingdom of Eng- land. Fifth. That they have traitorously en- deavoured to subvert the rights and very being of Parliaments. Sixth. That for the comple- ting of their dangerous projects they have en- deavoured, as far as in them lay, by force and terror, to compel the Parliament to join with them in their traitorous designs ; and to that end, have actually raised and countenanced tu- mults against the king and Parliament. Sev- enth. That they have traitorously conspired to levy, and actually have levied, war against the king." Herbert added a desire on the part of his majesty, " First. That a select committee, under a command of secrecy, may be appointed to take the examination of such witnesses as the king will produce in this business, as for- merly hath been done in cases of like nature, according to the justice of this House. Sec- ond. Liberty to add and alter if there should be cause. Third. That their lordships would take care for the securing of the persons, as in justice there should be cause." Had this monstrous attempt of tyranny end- ed here, it would have stood a lasting evidence of the perfidy and folly of the king. The old- est rights of the subject were insolently viola- ted by it. The attorney-general had v not a shadow of right to impeach Pym or Hampden, any more than the House of Lords had the right to try them. The only mode of legal trial, upon such a suit preferred by the king, was by a petty jury on a bill found by a grand jury. But thus far we have only seen the be- ginning of the end ! The lower House were told of the attempt against them by a message from the Lords, and in the same moment heard that persons were sealing up the trunks, papers, and lodg- ings of the accused members. They sent the speaker's warrant on the instant to break the seals and apprehend the persons by whom they were put on ; ordered, at the same time, that any members upon whom similar seizures were attempted should stand upon their defence ; and finally desired an immediate conference with the Lords, as parties interested no less than themselves. Mr. Francis, sergeant-at-arms, having been meanwhile admitted without his mace, deliver- ed the following message to the House : " I am commanded by the king's majesty, my mas- ter, upon my allegiance, that I should come and repair to the House of Commons, where Mr. Speaker is, and there to require of Mr. Speaker five gentlemen, members of the House of Commons, and that these gentlemen being delivered, I am commanded to arrest them, in his majesty's name, of high treason. Their names are, Mr. Pym, Mr. Hampden, Mr. Hollis. Sir A. Hazlerigge, and Mr. William Strode." The House sent a deputation to the king in reply, saying that the matter was too serious to be decided without consideration, but that the accused would be ready to answer any le- gal charge. Pym and Hampden were present at the moment, and the speaker, in the name JOHN PYM. 211 of the House, formally requested them to at- tend, with the other three members, on the morning of the following day.* The scene must now change, early on the morning of the 4th of January, to the king's apartments at Whitehall, for a page of the se- cret history of this memorable event has re- cently been opened to us. The project of seizing the accused members in person from within the walls of the House was probably Charles's own, but had certainly been canvassed earnestly with the queen till late on the preceding night. From a curious manuscript account, left by Sir W. Coke of Norfolk, to Mr. Anchetil Grey, it would then appear that the king, apprehensive of the haz- ard of the attempt that had been agreed on at night, went the next morning to the queen's apartment, and finding Carlile with her majes- ty, he retired with the latter into her closet, and there discoursed with her about the con- sequence of the design, urged many reasons against it, and expressed a resolution not to put it into execution ; upon which the queen could no longer contain, but broke into these angry and passionate words : " Allez ! poltron! go, pull these rogues out by the ears, OK ne me revoycz jamais /"t The king left the room. Madame de Motteville supplies the sequel in describing the queen, while waiting with vio- lent impatience, rejoined by Lady Carlile. " She was impatiently," says that celebrated gossip and waiting-woman, " awaiting news from the House ; at length, thinking that the hour was past, and the stroke made or missed, she said to Lady Carlile, ' Rejoice ! for I hope that the kino; is now master in his states, and such and such are in custody.' Lady Carlile immediate- ly sent intelligence to Mr. Pym, where it ar- rived in time. The queen owned her indiscre- tion, with great penitence, to her husband, who forgave her."t Pym, Hampden, and the other members were in their places in the House of Commons very early on the 4th of January, and as soon as prayers were said, Pym had risen, and address- ed the speaker on the articles of impeachment presented against him the day before by the king's attorney. The clearness, force, and beau- ty of his speech will be felt by all. " What," we may say with ^Eschines, " what if we had heard him !" " Mr. Speaker, these articles of high treason, exhibited by his majesty against me, and the other gentlemen in the accusation charged with the same crime, are of great consequence and much damage to the state. The articles in themselves, if proved, are, according to the laws of the land, high treason. " First. To endeavour to subvert the fundament- al laws of tke land is, by this present Parliament, in the Earl of Stafford's case, adjudged high treason. Secondly, to endeavour to introduce into this kingdom an arbitrary and tyrannical * Journals of the Commons. In the afternoon of the 4th, there is a memorandum entered, "that all the five members aforementioned did appear in the House, according' to yes- terday's injunction." t Sir Arthur Hazlerisr himself, in an account he p^ive of this affair, in Cromwell's Parliament of 1658, uses these words in part. His account is loose, hut fair corroborating evidence on the whole. See some extracts from his speech in Appendix D. 1 Margure, p. 429. form of goverment, is likewise voted high trea- son. Thirdly, to raise an army to compel the Parliament to make and enact laws, without their free votes and willing proceedings in the same, is high treason. Fourthly, to invite a foreign force to invade this land, to favour our designs agitated against the king and state, is high treason. Fifthly, to animate and encour- age riotous assemblies and tumults about the Parliament, to compel the king to assent to votes of the House, is treason. Sixthly, to cast aspersions upon his majesty and his gov- ernment, to alienate the affections of his peo- ple, and to make his majesty odious unto them, is treason. Seventhly, to endeavour to draw his majesty's army into disobedience, and to side with us in our designs, if against the king, is treason. " I desire, Mr. Speaker, the favour of this House to clear myself concerning this charge. I shall only parallel and similize my actions since the sitting of this Parliament with these articles. " First, Mr. Speaker, if to vote with the Par- liament as a member of the House, wherein all our votes ought to be free (it being one of the greatest privileges thereof to have our debates, disputes, and arguments in the same unques- tionable), be to endeavour to subvert the fun- damental laws, then I am guilty of the first ar- ticle. " Secondly. If to agree and consent with the whole state of the kingdom, by vote, to ordain and make laws for the good government of his majesty's subjects, in peace and dutiful obedi- ence to their lawful sovereign, be to introduce an arbitrary and tyrannical form of government in the state, then am I guilty of this article. " Thirdly. If to consent, by vote with the Parliament, to raise a guard or train'd band to secure and defend the persons and the mem- bers thereof, being environed and beset with many dangers in the absence of the king ; and, by vote with the House, in willing obedience to the royal command of his majesty, at his re- turn, be actually to levy arms against the king, then am I guilty of this article. " Fourthly. If to join with the Parliament of England, by free vote, to crave brotherly as- sistance from Scotland (kingdoms both under obedience to one sovereign, both his loyal sub- jects) to suppress the rebellion in Ireland, which lies gasping every day in danger to be lost from his majesty's subjection, be to invite and en- courage a foreign power to invade this king- dom, then am I guilty of high treason. " Fifthly. If to agree with the greatest and wisest council of state to suppress unlawful tumults and riotous assemblies ; to agree with the House, by vote, to all orders, edicts, and declarations for their repelling, be to raise and countenance them in their unlawful actions, then am I guilty of this article. " Sixthly. If, by free vote, to join with the Parliament in publishing of a remonstrance ; in setting forth declarations against delinquents in the state ; against incendiaries between his majesty and his kingdom ; against ill counsel- lors which labour to avert his majesty's affec- tion from Parliament ; against those ill-affect- ed bishops that have innovated our religion oppressed painful, learned, and godly ministers 212 BRITISH STATESMEN. with vexatious suits and molestations in their unjust courts by cruel sentences of pillory and cutting off their ears by great fines, banish- ments, and perpetual imprisonments : if this, Mr. Speaker, be to cast aspersions upon his majesty and his government, and to alienate the hearts of his loyal subjects, good Protest- ants and well affected in religion, from their due obedience to his royal majesty, then am I guilty also of this article. " Seventhly. If to consent, by vote with the Parliament, to put forth proclamations, or to send declarations to his majesty's army to ani- mate and encourage the same to his loyal obe- dience ; to give so many subsidies, and raise so many great sums of money willingly for their keeping on foot to serve his majesty upon his royal command on any occasion ; to appre- hend and attack as delinquents such persons in the same as are disaffected both to his sacred person, his crown and dignity, to his wise and great counsel of Parliament, to the true and orthodox doctrine of the Church of England, and the true religion, grounded on the doctrine of Christ himself; and established and confirm- ed by many acts of Parliament in the reigns of King Henry VIII., King Edward VI., Queen Elizabeth, and King James of blessed memory : if this, Mr. Speaker, be to draw his majesty's army into disobedience, and siding with us in our designs, then am I guilty of this article. " Now, Mr. Speaker, having given you a touch concerning these articles, comparing them with my actions ever since I had the honour to sit in this House as a member there- of, I humbly crave your consideration and fa- vourable judgment of them, not doubting they being weighed in the even scales of your wis- dom I shall be found innocent and clear from these crimes laid to my charge." Nor, in the triumph of this masterly self-vin- dication, did Pym forget the higher duty which then waited upon his position as leader of the House upon his virtue, and on his never-quail- ing courage. As the members expected him to resume his seat, he gravely and earnestly, amid loud cheering from various quarters, add- ed these words : " Mr. Speaker, I humbly crave your further patience to speak somewhat concerning the exhibiting of this charge, which is to offer to your consideration these questions, viz. : First, whether to exhibit articles of high treason by his majesty's own hands in tkis House agrees with the rights and privileges thereof? Secondly, whether for a guard armed to come into the Parliament to accuse any of the members thereof be not a breach of the privilege of Parliament 1 Third- ly, whether any of the members of Parliament, being so accused, may be committed upon such accusation without the whole consent 1 Fourth- ly, whether a Parliament hath not privilege to bail any member so accused 1 Fifthly and last- ly, whether, if any of the members of Parlia- ment so charged, and by the House discharged, without release from his majesty may still sit in the House as members of the same 1 " And thus, Mr. Speaker, I humbly crave par- don for my presumption in so far troubling this honourable House, desiring their favourable consideration of all my actions, and that I may have such trial as to this wise council shall seem meet, cheerfully submitting myself and actions to the righteous judgment of the same." The rest of the accused members afterward rose successively, and refuted the alleged char- ges against themselves. The dinner hour's ad- journment then took place ; and the House had scarcely resumed when, between three and four o'clock, Pym received Lady Carlile's intelli- gence, and at once stated it to the House. The five members were requested to withdraw, to avoid the bloodshed which it was felt would be the necessary consequence of their remaining, and after some difficulty they did so. Then the House, having ordered Mr. Speaker to keep his seat, with the mace lying before him, awaited in awful silence the approach of their strange and unwelcome visiter.* A loud knock threw open the door ; a rush as of many armed men was heard ; and above it the voice of Charles, commanding " upon their lives not to come in."t He entered the moment after, accompanied only by his nephew, the prince palatine ; and as he advanced up to the chair uncovering himself, and the mem- bers standing up uncovered he darted a look " on the right hand, near the bar of the House, where Mr. Pym used to sit, but not seeing him there (knowing him well), went up to the chair."J This the speaker yielded to him, but he contin- ued standing on the step. Again his eye glan- ced around, searching once more for the portly person of the popular leader. The multitude of faces that met his own, and the sullen and awful silence that prevailed, confused him. He spoke at last, but in a subdued tone, and with an abruptness which made more evident than usual the painful defect in his enunciation. He assured them hastily " that no king that ever was in England should be more careful of their privileges ; but in case of treason, he held that no person hath a privilege." He took " this occasion again to confirm, that \vhatever he had done in favour and for the good of his sub- jects, he would maintain." Then again "he called Mr. Pym by natne."$ None answered. He asked the speaker if he was in the House. Lenthall, inspired by the greatness of the oc- casion, kneeled, and desired him to excuse hia answer, for " in this place I have neither eyes to see nor tongue to speak but as the House is pleased to direct me, whose servant I am." "The birds, then, are flown!" said Charles, passionately ; and, abruptly insisting that the accused members must be sent to him, or " he must take his own course," left the place where he stood, " pulling off his hat till he came to the door."|| A low and ominous murmur of " Privilege! privilege !" sounded in his ears as he retired. His hired and tumultuous bands of bravoes, who, while he was in the House, had been waiting in the lobby for " the word," cocking their pistols, and crying " Fall on,''? * The subsequent entry on the Journals is simply this : " Jan. 4, P.M. The king came into the House of Com- mons and took Mr. Speaker's chair. "Gentlemen, I am sorry to have this occasion to come unto you *** " Resolved, upon the question, that the House shall ad- journ itself till to-morrow one of the clock." t Verney's Pencil Notes. t Rushwort'i. $ Verney's Pencil Notes. HaHam, vol. ii., p. 17S. II Ibid. IT The following passage is taken from the subsequent " declaration" of the Commons. " It did fully appear that JOHN PYM. 213 now followed him shouting to Whitehall, from whence he issued a proclamation in the course of that night, directing that the ports should be stopped, and that no person should, at his peril, venture to harbour the accused members. During the whole of this extraordinary and unparalleled scene, one person only sat quiet and unmoved. This was Rushworth, the cele- brated historical collector, then assistant clerk to the Commons. I will here subjoin the ac- count which he has left, since it is remarkable for many reasons, and not least for containing the very words that were spoken by Charles and Lenthall, and which the indefatigable clerk coolly wrote down as they broke upon the ter- rible silence. The closing paragraph carries us, too, a step beyond the sketch given above, which is taken, it should be added, in the points of difference or addition to Rushworth, from the pencil notes of Sir Ralph Verney, who was also in the House at the time. " When the five accused members came this day, after dinner, into the House, they were no sooner sat in their places but the House was informed by one Captain Langrish, lately an officer in arms in France, that he came from among the officers and soldiers at Whitehall, and understanding by them that his majesty was coming with a guard of military men, com- manders and soldiers, to the House of Com- mons, he passed by them with some difficulty to get to the House before them, and sent in word how near the said officers and soldiers were come ; whereupon a certain member of the House* having also private intimation from the Countess of Carlile, sister to the Earl of Northumberland, that endeavours would be used this day to apprehend the five members, the House required the five members to depart the House forthwith, to the end to avoid com- bustion in the House if the said soldiers should use violence to pull any of them out, to which command of the House four of the said mem- many soldiers, Papists and others, to the number of about 500, came with his maj. on Tuesday, the 4th instant, to the said House of Commons, armed with swords, pistols, and other weapons ; and divers of them pressed to the door of the said House, thrust away the doorkeepers, and placed themselves between the said door and the ordinary attend- ants of his maj., holding up their swords ; and some holding op their pistols, ready cocked, near the said door, and say- ing, ' I ara a good marksman ; I can hit right, I warrant you ;' and they not suffering the said door, according to the custom of Parliament, to be shut, but said ' they would hare the door open ; and, if any opposition were against them, they made no question but they should make their party good, and that they would maintain their party.' And when several members of the House of Commons were com- ing into the House, their attendants desiring that room might be made for them, some of the said soldiers answered, ' A pox of God confound them ;' and others said, ' A pox take the House of Commons ; let them come, and be hang- ed ; what a-do is here with the House of Commons !' And some of the said soldiers did likewise violently assault, and by force disarm, some of the attendants and servants of the members of the House of Commons, waiting in the rooms next the said House ; and, upon the king's return out of the said House, many of them, by oaths and otherwise, ex- pressed much discontent, that some members of the said House, for whom they came, were not there ; and others of them said, ' When comes the word ?' and no word being given, at his majesty's coming out, they cried, ' A lane ! a lane !' Afterward, somo of them, being demanded ' what they thought the said company intended to have done,' an- swered, ' that, questionless, in the posture they were set, if the word had been given, they should have fallen upon the House of Commons.'" * There seems a sort of delicacy here implied, as if the assistant clerk did not care to announce publicly Pym's connexion with Lady Carlile. bers yielded ready obedience ; but Mr. Strode was obstinate, till Sir Walter Earle (his antient acquaintance) pulled him out by force, the king being at that time entering into the new palace- yard in Westminster. And as his majesty came through Westminster Hall, the commanders, reformadoes, &c., that attended him, made a lane on both sides the hall through which his majesty passed, and came up the stairs to the House of Commons, and stood before the guard of pensioners and halberteers, who also attend- ed the king's person ; and the door of the House of Commons being thrown open, his majesty entered the House, and as he passed up towards the chair, he cast his eye on the right hand, near the bar of the House, where Mr. Pym used to sit ; but his majesty, not seeing him there (knowing him well), went up to the chair, and said, ' By your leave, Mr. Speaker, I must bor- row your chair a little ;' whereupon the speaker came out of the chair, and his majesty stepped up into it. After he had staid in the chair a while, he cast his eye upon the members as they stood up uncovered, but could not discern any of the five members to be there ; nor, in- deed, were they easy to be discerned, had they been there, among so many bare faces all stand- ing up together. " Then his majesty made this speech. ' Gen- tlemen, I am sorry for this occasion of coming unto you. Yesterday I sent a sergeant-at-arms, upon a very important occasion, to apprehend some that, by my command, were accused of high treason, whereunto I did expect obedience, and not a message ; and I must declare unto you here, that albeit no king that ever was in England shall be more careful of your privile- ges, to maintain them to the uttermost of his power, than I shall be, yet you must know that in cases of treason no person hath a privilege, and therefore I am come to know if any of these persons that were accused are here ; for I must tell you, gentlemen, that so long as these persons that I have accused, for no slight crime, but for treason, are here, I cannot ex- pect that this House will be in the right way that I do heartily wish it ; therefore I am come . to tell you that I must have them wheresoever I find them. Well, since I see all the birds are flown, I do expect from you that you will send them unto me as soon as they return hither. But I assure you, on the word of a king, I never did intend any force, but shall proceed against them in a legal and fair way, for I never meant any other. And now, since I see I cannot do wha* I came for, I think this no unfit occasion to re- peat what I have said formerly, that whatso- ever I have done in favour and to the good of my subjects, I do mean to maintain it. I will trouble you no more, but tell you I do expect, as soon as they come to the House, you will send them to me, otherwise I must take my own course to find them.' ' When the king was looking about the House, the speaker standing below by the chair, his majesty asked him whether any of these persons were in the House whether he saw any of them and where they were. To which the speaker, falling on his knee, thus answered : ' May it please your majesty, I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, 214 BRITISH STATESMEN. whose servant I am here ; and humbly beg your majesty's pardon that I cannot give any other answer than this to what your majesty is pleased to demand of me.' " The king, having concluded his speech, went out of the House again, which was in great disorder, and many members cried out aloud, so as he might hear them, Privilege ! privilege ! and forthwith adjourned till the next day at one o'clock. " The same evening his majesty sent James Maxwell, usher of the House of Peers, to the House of Commons, to require Mr. Rushworth, the clerk assistant, whom his majesty had ob- served to take his speech in characters at the table in the House, to come to his majesty ; and when Maxwell brought him to the king, his maj- esty commanded him to give him a copy of his speech in the House. Mr. Rushworth humbly besought his majesty (hoping for an excuse) to call to mind how Mr. Francis Nevil, a York- shire member of the House of Commons, was committed to the Tower for telling his majes- ty what words were spoken in the House by Mr. Henry Bellasis, son to the Lord Faucon- berg ; to whom his majesty smartly replied, ' I do not ask you to tell me what was said by any member of the House, but what I said myself;' whereupon he readily gave obedience to his majesty's command, and in his majesty's pres- ence, in the room called the jewel-house, he transcribed his majesty's speech out of his char- acters, his majesty staying in the room all the while, and then and there presented the same to the king, which his majesty was pleased to command to be sent speedily to the press, and the next morning it came forth in print."* Pym, Hampden, Hollis, Hazlerig, and Strode had taken refuge in Coleman-street, in the city. The city, it has been well observed, was at this time the fastness of public liberty, and " a place of at least as much importance as Paris during the French Revolution."! Instead of being, as now, a huge collection of immense warehouses and counting-houses, frequented by clerks and traders during the day, and left almost desert- ed during night, it was then " closely inhabited by 300,000 persons, to whom it was a place of constant residence," and who had as complete a civil and military organization as if it had been an independent republic. The troops they afterward furnished turned the tide of many an action at the opening of the civil war. The municipal offices were filled by the most opu- lent and respectable merchants of the king- dom, and " the pomp of the magistracy of the capital was second only to that which surround- ed the person of the sovereign." Finally, the numbers, the intelligence, the wealth of the citizens, the democratic form of their local gov- ernment, that had educated them to notions of liberty, and their vicinity to the court and to the Parliament, made them " one of the most formidable bodies in the kingdom." Into the city Charles proceeded on the fol- lowing morning in search of the five members. He was received with marked signs of discon- tent. The multitude cried aloud, " Privileges of Parliament ! privileges of Parliament !" and * Rushworth's Collections, vol. iv., p. 477, 478. t See a brilliant article on Lord Nugent's Memorials of Hampden, in the Edinburgh Review. one of them, more zealous than the rest, flung into the window of his carriage a paper, on which was written the famous words of the ten tribes when they forsook the foolish and wan- tonly tyrannical Rehoboam : " To your tents, Israel !" Meanwhile, the houses, the purses, the pikes of the citizens were freely placed at the command of the Commons. They kept themselves all night in arms, and on the fol- lowing day all signs of business were suspend- ed, the shops closed, and the streets thronged. A committee had been appointed to sit in the city for investigating the outrage ; a deputation of the common council welcomed its members ; several of the halls of the companies (then for- midable clans) were offered for its sittings ; guards were furnished in abundance ; and the sheriffs watched over the safety of Pym and his friends, and conducted them to and from the committee with every mark of honour. Nor was this all. While four thousand Buck- inghamshire men rode up from their county to watch over the safety of Hampden, an immense body of the common people assembled to " de- fend Mr. Pym." From a curious pamphlet, to which reference has already been made,* I find that a petition and defence of Pym was on this occasion drawn up by these faithful and strong friends, and meant for presentation to the king. Whether it was ever so presented I cannot as- certain ; but some extracts, which have not yet found a place in any record of the time, are ap- propriate and interesting. Waiving any allusion to the other members accused, the petitioners confine themselves to the alleged guilt of Pym. " We doe unani- mously suppose," they say, " that your majes- tie hath beene either misinformed, or else sug- gested by some malicious persons who are ill affected to the said Mr. Pym ; the man we have experimentally found to bee a chiefe pillar of religion ; who, when the pure sanctitie there- of had sunke too low into the vault of heresie in the late turbulent times, and when it almost languished in so disastrous a manner, was the chiefest supporter thereof, and did alwayes study with carefull vigilancie to erect and ele- vate the same." Again, adverting to the first article, " that Mr. Pym hath traytorously in- deavoured to subvert the fundamentall lawes and government of England," the following re- mark is made : " This seemes contrary, in re- gard that hee solely did alwayes oppose any man whom hee either found or could suspect guiltie of the same crime, and hath laboured rather to ratifie and confirme the fundamentall lawes, than either subvert or confound the same ; for in his diurnall speeches in the Par- liament was alwayes specified his reall intent in the institution, and not diminution or sub- version of any law which was not detrimentall to the safetie and prosperitie of thiskingdome." The allegations in the fourth and fifth articles are answered thus : " It is declared that hee hath traytorously invited and incouraged a forraigne power to invade his majestie's king- dome of England. To this your petitioners dare boldly say, that this nefarious invitation and incouragement of a forraigne power was never undertooke by him ; for hee hath beene * See p. 176 of the present volume, note : "The Com- mons' petition to the king." JOHN PYM. 215 very vigilant to preserve and defend this king dome, in as great fortification as possibly migh bee, to the flourishing prosperitie of this whol realme ; and therefore hee hath oftentimes ex press-ed his affection towards the safetie of this nation, and of stronger forces that should be< raised, to keepe out any forraigne enemy o power, least, peradventure, they steale upon us unawares. In the fifth article hee is impeach ed thus : That hee hath traytorously indeav oured to subvert the rights and very being of Parliaments. To this we may answer with great facilitie, Hee was the chiefe cause that thi Parliament was assembled, and it seemes very incongruous that hee should subvert the same Moreover, hee is the sole man that stands for the antient rights and liberties of the Parlia ments, and it seemes a stupendious thing tha: hee should confound the same. In this resped your petitioners dare speake with confidence that there was not one man in the Parliament House who did stand more strongly for the rights of Parliament than Mr. Pym did." What need to pursue this subject farther 1 The House of Commons, having declared the king's " warlike entrance" a gross breach of privilege, and his proclamation of the five mem- bers as traitors a " false, scandalous, and ille- gal paper," completed their open defiance of Charles by adjourning till the llth of January, and ordering the accused members on that day to attend in their places at Westminster, and resume their public duties. Charles sought to effect a compromise ; offered a " free pardon ;" and said he found now " good cause wholly to desert any prosecution ;" but it was too late. The resolute determination of the Commons, the proceedings which were afterward taken to dare the utmost investigation, and, finally, the punishment of the king's attorney, belong to history. The llth of January was a brilliant day, and the Thames appeared covered with boats, and its bridges and banks crowded with spectators. Armed vessels, and barges manned by sailors, and carrying ordnance with matches lighted, attended the embarcation of the sheriffs, with a portion of the city guard. Two brilliant lines of flags and colours ranged themselves from Lon- don Bridge to Westminster Hall, and through these Pym and Hampden, and their friends, in a vessel manned by sailors who had volunteer- ed their services, returned to the scene of their dangers and glories. A farther division of the trainbands of the city had meanwhile marched up the Strand, attended by vast crowds of shout- ing people, for the purpose of guarding the av- enues to the House of Commons ; and as the patriots landed, the enthusiastic applauses of the multitude, outringing the clattering dischar- ges of ordnance, followed them in their passage to the lobby. Pym rose immediately after ta- king his old seat, and fervently thanked the citizens of London. Hampden, Hollis, Hazle- rig, and Strode stood uncovered while Pym spoke. In conclusion, the sheriffs were thank- ed by a unanimous vote of the House, and or- ders given that a guard, selected from the train- bands of the city, "should attend daily to watch over the safety of the Parliament." Late on the night before this public triumph, , the king, his queen, and their chitfren left Lon- . don and proceeded to Hampton Court. When Charles returned again, he returned a prisoner. The crisis had now arrived, and the last ap- peal alone was waited for. Clarendon says that Pym and Hampden returned to their places in Parliament altered and fiercer men. Fiercer they probably were, but they were not altered. The times had changed, not they. Their hopes of any intermediate reconciliation were now forever blasted ; and it was clear that no mu- tual terms could be held again until one of the parties .had thoroughly subdued the other. The Commons pursued their measures with singular energy. Major-general Skippon was placed, with a sufficient guard, over the Tower ; and a memorable order was at once issued, that Lord Newport, master-general of the ordnance, and Sir John Byron, lieutenant of the Tower, should suffer no removal of ordnance or ammu- nition " without the king's authority, signified by both Houses of Parliament." Goring was sent to hold Portsmouth under the same au- thority, and Sir John Hotham to Hull. The king remained irresolute and inactive mean- while. The Commons wanted money beyond all things, and now negotiated a loan with the city. The authorities, by petition, declined lending, except upon certain conditions, which they delivered in the form of twelve specific grievances to be at once redressed. These conditions are supposed to have been the sug- gestion of Pym. The Commons instantly de- sired a conference with the Lords respecting this London petition, and divers others of a similar character from the counties of Middle- sex, Essex, and Hertford. Pym managed the conference, and the speech he delivered there is a masterpiece of eloquence ; solid, concise, and vigorous, nervous and simple. It may re- main, with the language itself, an everlasting evidence of the wisdom and courage of the orator. ' My lords, I am commanded by the knights, citizens, and burgesses, assembled for the Com- mons in Parliament, to present to your lord- ships divers petitions which they have received from several parts concerning the state of the iingdom, whereunto they are chiefly moved by that constant affection which they have always expressed, of maintaining a firm union and good :orrespondence with your lordships, wherein hey have ever found much advantage and con- entment, but never held it more important and necessary than at this time, when the wisdom and resolution of Parliament have as many reat dangers and difficulties to pass through as ever heretofore. We are united in the public trust, which is lerived from the Commonwealth, in the com- mon duty and obligation whereby God doth ind us to the discharge of that trust ; and the Commons desire to impart to your lordships whatsoever information or intelligence, what- oever encouragement or assistance, they have eceived from those several counties which hey represent, that so likewise we may be inited in the same intentions and endeavours f improving all to the service of his majesty, nd the common good of the kingdom. " The petitions which I am directed to com- municate to your lordships are four : from Lon- 216 BRITISH STATESMEN. don, Middlesex, Essex, and Hertfordshire. W have received many more, but it would take u too much time and be too great a trouble t peruse all ; and in these four you may perceiv the effect and sense of all. First, I am to de sire your lordships to hear them read ; and the I shall pursue my instructions in propoundin some observations out of them." " These petitions," the report continues, " be ing read by four several members of the House Mr. Pym resumed his discourse. " My lords, in these four petitions you ma] hear the voice, or rather the cry, of all England and you cannot wonder if fhe urgency, the ex tremity of the condition wherein we are, dc produce some earnestness and vehemence ol expression more than ordinary. The agony terror, and perplexity in which the kingdom labours are universal ; all parts are affectec with them ; and therefore in these you may observe the groans and miserable complaints of all. " Divers reasons may be given why those diseases which are epidemical are more dan gerous than others. First, The cause of such diseases is universal and supernal, and not from an evil constitution, or evil diet, or any other accident ; such causes, therefore, work with more vigour and efficacy than those which are particular and inferior. Secondly, In such dis- eases there is a communicative quality, where- by the malignity of them is multiplied and en- forced. Thirdly, They have a converting, trans- forming power, that turns other diseases and il affections of men's bodies into their own na- ture. " First, The common and epidemical disease wherein this Commonwealth now lies gasping hath a superior and universal cause from the evil counsels and designs of those who, under his majesty, bear the greatest sway in govern- ment. Secondly, It hath a contagious and in- fectious quality, whereby it is diffused and dis- persed thro' all parts of the kingdom. Thirdly, It is apt to take in the discontents, evil affec- tions, and designs of particular persons, to in- crease and fortify itself. " I shall take occasion, from several branch- es of those petitions which your lordships have heard, to observe, First, The variety of dan- gers to which this kingdom is now subject. Secondly, the manifold distempers which are the cause of those daggers. Thirdly, The mul- tiplicity of those evil influences which are the causes of those distempers. "The first danger is from enemies abroad. This may seem a causeless and impertinent observation at this time, seeing we are in peace with all nations about us. But, my lords, you may be pleased to consider that the safety of the kino-dom ought not to depend upon the will and disposition of our neighbours, but upon our own strength and provision. Betwixt states there are often sudden changes from peace to war, according to occasion and advantage. All the states of Christendom are now armed, and we have no reason to believe but that those of greatest power have an evil eye upon us in re- spect of our religion ; and if their private dif- ferences should be composed, how dangerous- ly, how speedily might those great armies, and other preparations now ready, be applied to some enterprise and attempt against us ! If there were no other cause, this were sufficient to make us stand upon our guard. But there are divers more especial symptoms of dangers of this kind^ "We may perceive by several advertisements from abroad that they did foresee our dangers many months before they broke out. They could foretell the time and manner of them, which is a clear evidence they held intelligence with those who were the contrivers and work- ers of the present troubles. " We have, in truth, many dangerous traitors and fugitives now in other parts, who can dis- cover the weakness and distemper of the king- dom, who hold intelligence with the ill-affected party here, and, by all cunning and subtle prac- tices, endeavour to incite and provoke other princes against us. " Some of the ministers of our neighbour princes, my lords, may be justly suspected to have had a yet more immediate hand and op- eration in the insurrection and rebellion in Ire- land ; many of the commanders, and most of the soldiers levied for the service of Spain, are now joined with the rebels there ; and those Irish friars which were employed by the Span- ish ambassador for the making of those levies are known to have been the chief incendiaries of this rebellion, and are still very active in the prosecution and encouragement of it. The reb- els have, moreover, a ready and speedy supply from some of our neighbours. Two convoys of munition and arms we are certainly inform- ed of one from Dunkirk, the other from Nantes in Brittany ; and certainly those that are so for- ward to enable others to hurt us, will not for- bear to hurt us themselves, as soon as they hall have means and opportunity to do it. " Another danger is from the Papists and ill- affected party at home. The Papists here are actuated by the same principles with those in freland. Many of the most active of them have ately, indeed, been there, which argues an in- ;ercourse and communication of councils. They lave still store of arms and munition at their disposing, notwithstanding all our endeavours to disarm them ; they have a free resort to the city and to the court ; they want no opportu- nity to consult together ; they have the same or greater encouragements, from above and from about them, than ever, in respect of the example and success of the rebels in Ireland, and the great confusions and divisions which, by their sunning and subtle practices, are raised and bmented amongst ourselves at home. " A third danger is of tumults and insurroc- ions of the meaner sort of people, by reason if their ill vent of cloth and other manufac- ures, whereby great multitudes are set on >vork, who live for the most part on their daily gettings, and will, in a very short time, be rought to great extremity if not employed. Nothing is more sharp and pressing than ne- essity and want ; what they cannot buy they vill take ; from them the like necessity will uickly be derived to the farmers and husband- nen, and so grow higher, and involve all in an quality of misery and distress, if it be not in- tantly prevented ! And, at this time, such tu- mlts will be more dangerous, because the king- om is full of disbanded soldiers and officers, JOHN PYM. 217 who will be ready to head and to animate the multitude to commit violence with more strength and advantage ; and if they once grow into a body, it will be much more difficult to reduce them into order again, because neces- sity and want, which are the causes of this disturbance, will still increase as the effects in- crease. " A fourth danger is from the rebels in Ire- land, not only in respect of that kingdom, but in respect of this. They have seized upon the body of that kingdom already ; they abound in men of very able persons ; they increase in arms and munition ; they have great hopes of supplies from abroad and of encouragement here, and are sure of good entertainment from the popish party, so that they begin to speak already there of transporting themselves hither, and making this kingdom the seat of the war. " The distemper, my lords, which hath pro- duced these dangers is various and exceeding violent. Whensoever Nature is hindered in her proper operations and faculties, distempers will necessarily follow. The obstructions, my lords, which have brought us into this distem- per are very many, so that we cannot wonder at the strength and malignity of it. Some of the chiefest of these obstructions I shall en- deavour to remember. " First. The obstruction of reformation in matters of religion. No grievances are sharper than those that press upon the tender consciences of men ! and there was never church or state afflicted with more grievances of this kind than we have been ; and though they are, by the wisdom of this Parliament, partly eased and diminished, yet many still remain ; and as long as the bishops and the corrupt part of the cler- gy continue in their power, there will be little hope of freedom, either from the sense of those which continue, or the fear of those which are re- moved. And of this obstruction, my lords, I must clear the Commons. We are in no part guilty of it. Some good bills have passed us, and others are in preparation, which might have been passed before this if we had not found such ill success in your Lordships' House. Whatso- ever mischief this obstruction shall produce, we are free from it : we may have our part of the misery, we can have no part in the guilt or dishonour. " Secondly. An obstruction in trade. It is trade that brings food and nourishment to the kingdom ; it is that which preserves and in- creases the stock of the whole, and distributes a convenient portion of maintenance to every part of it, therefore such an obstruction as this must needs be dangerous ; the freedom of trade being so necessary, the benefit so important, that it gives life, strength, and beauty to the whole body of the Commonwealth. But I must protest the House of Commons hath given no cause to this obstruction ; we have eased trade of many burdens and heavy taxes, which are taken off; we have freed it from many hard restraints by patents and monopolies ; we have been willing to part with our own privileges to give it encouragement ; we have sought to put the merchants into security and confidence in respect of the Tower of London, that so they might be invited to bring in their bullion to the mint, as heretofore they have done; and we are no way guilty of the troubles, the fears, Ei and public dangers which make men withdraw their stocks, and keep their money by them, to be ready for such sudden exigencies as in these great distractions we have too much cause to expect. " Thirdly. The obstruction in the relief of Ireland. It must needs be accounted a great shame and dishonour to this kingdom that our neighbours have showed themselves more for- ward to supply the rebels than we have been to relieve our distressed brethren and fellow- subjects. But I must declare we are altogether innocent of any neglect herein. As soon as the first news of the rebellion came over, we undertook the war, not by way of supply and aid, as in former rebellions the subjects have used to do, but we undertook the whole charge of it, and we suffered not twenty-four hours to pass before we agreed to a great levy of money and men, to be employed against the rebels, even in a larger proportion than the lords, jus- tices, and council there did desire ; and from time to time we have done all for the further- ance thereof, though in the midst of many dis- tractions and diversions. But the want of commissions for levying of men, for issuing arms, and divers other impediments, have been the causes of that obstruction : and I wish we had not only found impediments to ourselves ; we have found also encouragements to them. Many of the chief commanders, now at the head of the rebels, after we had, with your lordships' concurrence, stop't the ports against all Irish Papists, have been suffered to pass by his majesty's immediate warrant, much to the discouragement of the lords-justices and the council there ; and this procured, as we believe, by some evil instruments too near his royal per- son, without his majesty's knowledge and inten- tion. " Fourthly. The obstruction in prosecution of delinquents. Many we have already brought up to your lordships, divers others we have been discouraged to transmit, such difficult proceedings have we met withal, such terrors and discountenance have been cast upon our- selves and our witnesses. My lords, those who have showed themselves the friends and pa- trons of delinquents have found it the most ready way to preferment ! Yea, his majesty's own hand hath been obtained, and his majes- ty's ships employed, for the transporting of di- vers of those who have fled from the justice of Parliament ! " Fifthly. A general obstruction and interrup- tion of the proceedings in Parliament by those manifold designs of violence which, thro' God's mercy, we have escaped ; by the great and fre- quent breaches of privilege ; by the subtle en- deavours to raise parties in our House, and jealousies betwixt the two Houses. ' Sixthly. The obstruction in providing for the defence of the kingdom, that we might be enabled to resist a foreign enemy, or to sup- press all civil insurrections. What a pressing necessity there is of this, the exceeding great decays in the navy, in the forts, in the power of ordering the militia of the kingdom, and means of furnishing them with munition, are sufficient evidences, known to none better than your lordships. And what endeavours we have used to remove them, but hitherto without that 218 BRITISH STATESMEN. success and concurrence which we expected, and where the stop hath been, and upon what good grounds we may claim our own innocency and faithfulness, we desire no other witnesses but yourselves. " Lastly, I come to the evil influences which have caused this distemper ; and I shall con- tent myself with mentioning those which are most important. 1. I shall remember the evil counsels about the king, whereof we have often complained. Diseases of the brain are most dangerous, because from thence sense and mo- tion are derived to the whole body. The ma- lignity of evil counsels will quickly be infused into all parts of the state. None can doubt but we have exceedingly laboured under most dan- gerous and mischievous counsels. This evil influence hath been the cause of the prepara- tion of war with Scotland of the procuring a rebellion in Ireland of corrupting religion suppressing the liberty of this kingdom and of many fearful and horrid attempts to the sub- verting the very being of Parliaments, which was the only hopeful means of opposing and preventing all the rest. The last, indeed, doth appear to be a most predominant evil of the time, whereat we need not wonder when we consider how counsellors have been preferred and prepared ; and I appeal to your lordships' own consciences whether the giving and coun- tenancing of evil counsel hath not been almost the only way to favour and advancement. 2. The discouragement of good counsel. Divers honest and approved counsellors have been put from their places, others so discountenanced as that the way of favour hath been shut against them, and that of danger and destruction only open to them. 3. The great power that an in- terested and factious party hath in the Parlia- ment by the continuance of the votes of the bishops and popish lords in your Lordships' House, and the taking in of others, both out of the House of Commons and otherwise, to in- crease their strength. 4. The fomenting and cherishing of a malignant party throughout the whole kingdom. 5. The manifold jealousies betwixt the king, his Parliament, and good sub- jects, whereby his protection and favour hath in a great measure been withheld from them, and their inclination and resolution to serve and assist him hath been very much hindered and interrupted." The force and boldness of all this were equal to the great emergencies of the hour ; and as the orator proceeded, we may suppose him more than repaid by the expression of proud and affectionate admiration that rested on the countenances of Hampden and Fiennes, who were sitting by his side. His closing passages were simple and noble in the extreme. They condensed into a few words all the ominous warnings which, throughout his great task, he had addressed to the upper House ; and the in- spiration 'of a memorable lesson, announced not less for the present than as a precedent and example for remoter times, was stamped upon them. " We have often suffered under the misin- terpretation of good actions, and false imputa- tion of evil ones which we never intended, so that we may justly purge ourselves from all guilt of being authors of this jealousie and mis- understanding. We have been, and are still, ready to serve his majesty with our lives and fortunes, with as much chearfulness and ear- nestness of affection as ever any subjects were; and we doubt not but our proceedings will so manifest this, that we shall be as clear in the apprehension of the world as we are in the tes- timony of our own consciences. " I am now come to a conclusion. I have nothing to propound to your lordships by way of request or desire from the House of Com- mons. I doubt not but your judgments will tell you what is to be done. Your consciences, your honours, your interests will call upon you for the doing of it. The Commons will be glad- to have your concurrence and help in saving of the kingdom ; but, if they fail of it, it shall not discourage them in doing their duty. And whether the kingdom be lost or saved (I hope, through God's blessing, it will be saved !), they shall be sorry THAT THE STORY OF THIS PRESENT PARLIAMENT SHOULD TELL POSTERITY THAT, IN SO GREAT A DANGER AND EXTREMITY, THE HOUSE OF COMMONS SHOULD BE ENFORCED TO SAVE THK KINGDOM ALONE, and that the Peers should have no part in the honour of the preservation of it, having so great an interest in the good success of those endeavours in respect of their great estates and high degrees of nobility. "My lords, consider what the present neces- sities and dangers of the Commonwealth re- quire, what the Commons have reason to ex- pect, to what endeavours and counsels the con- current desires of all the people do invite you ; so that, applying yourselves to the preservation of the king and kingdom, I may be bold to as- sure you, in the name of all the commons of England, that you shall be bravely seconded !" The first effect of this speech, which was en- thusiastically hailed by the Commons,* was in the passing of the bill for taking away the bish- ops' vote, with three dissentient voices only. The king refused his assent to it, but subse- quently yielded, and in this gave great offence to his party. It may be supposed, however, that some subsequent explanation was sat:r fac- tory to them, since the following notabie dis- closure has escaped from Lord Clarendon's pen : " I have some cause to believe that the argument, which was unanswerable, for the re- jecting that bill, was applied for the confirming it ; an opinion that the violence and force used in procuring it rendered it absolutely invalid and void, made the confirmation of it less con- sidered, as not being of strength to make that act good which was in itself null ; and I doubt this logic had an influence upon acts of no less moment than these." There is scarcely an act in the life of Charles I. that does not bear the stain of some such perfidy. Where were the leaders of the English people now to lean, if not upon their own strength, the wisdom of their * " The foregoing- speech of Mr. Pymme's was so agree- able to the Commons, that the same day they ordered ' that Mr. Speaker, in the name of the House, shall give thanks unto Mr. Pymme for his so well performing the service he was employed in, by the commands of this House, at this conference. And it was further ordered, that Mr. Pymrae be desired to put the speech he made at this conference into writing, and to deliver it into the House, to the end that it may be printed.' This was done accordingly." Parlia- mentary History. The copy in the text is taken from a large paper copy of this authorized version now in posses- sion, " printud for Johu Bothwell," 1641. JOHN PYM. 219 long and hard experience, and the confidence of the people who trusted them 1 The second great effect of Pym's speech wa exhibited by the king himself. He wrote to the speaker and complained of it, more especially of that passage which stated several of the Irish rebels to have passed the ports " by his majes- ty's immediate warrant." The Commons vin- dicated the speech, and the king replied ; it was again defended more strongly still ; and the many conferences and declarations that passed served to widen the breach between the Par- liament and the king.* The tributes which it had meanwhile brought pouring in, of faith and affection to the Parliament, most materially strengthened the cause. t The king now directed all his resources, whether of force or stratagem, to the acquisi- tion of the two great magazines of the king- dom, Hull and the Tower. His various at- tempts, and their thorough defeat, are told in all the histories. The result was, that Charles proclaimed Hotham a traitor by sound of trum- pet, and sent two angry messages to the House demanding reparation for the repulse he had met with. "If," he added, "we are brought into a condition so much worse than any of our subjects, that whilst you all enjoy your privileges, and may not have your possessions disturbed or your titles questioned, we only may be spoiled, thrown out of our towns, and our goods taken from us, 'tis time to examine * Charles's pertinacity about this speech was curious. Whenever, for some weeks after, the Commons sent him any message, his remark would be, " I must tell you, that I rather expected a vindication for the imputation laid on me in Mr. Pym's speech ;" and as the war approached more nearly, his reference to it grew less respectful : " Concern- ing Pym's speech you will have found by what the Lord Compton and Mr. Baynton brought from us in answer to that message they brought to us, that, as yet, we rest no- thing satisfied in that particular." t Even the London women, wives of tradesmen, became infected with the popular enthusiasm, and sent in a long petition of affection to the House of Commons, and prayers that they would redress all grievances. Butler is supposed to have alluded to this in his couplet : " The oyster-women lock'd their fish up, And trudged away to cry ' no bishop ;' " and the satire was allowable enough. The Journals of the House stale, however, that " this petition was presented by Mrs. Anne Stager, a gentlewoman and brewer's wife, and many others with her of like rank and quality ; and that, after some time spent in reading of it, the House sent them an answer by Mr. Pym, which was performed in this man- ner. Mr. Pym came to the Commons' door, and called for the women, and spake unto them in these words : ' Good women, your petition, with the reasons, hath been read in the House, and is thankfully accepted of, and is come in a seasonable time. You shall, God willing, receive from us all the satisfaction which we can possibly give to your just and lawful desires. We intreat you, therefore, to repair to your houses, and turn your petition which you have, de- livered here into prayers at home for us ; for we have been, are, and shall be, to our utmost power, ready to relieve you, your husbands, and children, and to perform the trust com- mitted unto us towards God, our king, and country, as be- Cometh faithful Christians and loyal subjects.' " This speech is no bad evidence of Pym's popular and easy address. No- thing could have been more happily turned. I should add, also, from the journals of the same period, another kind of testimony to the present influence of Pym. " Information being given to the Lords that Edw. Sundeford, a taylor, of London, had said ' that the Earl of Essex was a traitor ; that all the Parliament wore traitors ; that the Earl of War- wick was a traitor, and he wished his heart in his boots ; and that he cursed the Parliament, and wished Mr. Pym (calling him King Pym) and Sir John Hotham both hanged ;' the said Edw. Sandeford was brought to the bar, and asked what he had to alledge in his defence ; but not being able to disprove the charge, he and the witnesses against him were ordered to withdraw, and a sharp sentence of punish- ment was decreed against him." how we have lost those privileges, and to try all possible ways, by the help of God, the law of the land, and the affection of all our good subjects, to recover them, and to vindicate our- self from those injuries ; and if we shall mis- carry herein, we shall be the first prince in this kingdom that hath done so having no other end but to defend the true Protestant profes- sion, the law of the land, and the liberty of the subject. And God so deal with us as we con- tinue in those resolutions." And in a subse- quent more elaborate paper, drawn forth by an order of the Commons justifying Hotham, and " suppressing" the forces the king had raised against Hull, Charles writes, or, rather, " Mr. Hyde" writes for him, " We are not unwilling to join issue with them in this way, and to let all the world know how necessary, just, and lawful all our proceedings have been in this point ; and that the defence of these proceed- ings is the defence of the law of the land, of the liberty and property of the subject ; and that by the same rule of justice which is now offered to us, all the private interest and title of all our good subjects to all their lands and goods are confounded and destroyed. Mr. Pym himself tells you, in his speech against the Earl of Strafford (published by the order of the House of Commons), 'The law is the safeguard, the custody of all private interests ; your honours, your lives, your liberties, and estates are all in the keeping of the law : without this, every man hath a like right to any thing.' And we would fain be answered, What title any subject of our kingdom hath to his house or land, that we have not to our town of Hull 1 Or what right hath he to his money, plate, or jewels, that we have not to our magazine or munition there 1 If we had ever such a title, we would know when we lost it. . . We conclude with Mr. Pym's own words : ' If the prerogative of the king overwhelm the liberty of the people, it will be turned to tyranny ; if liberty under- mine the prerogative, it will grow into an- archy ;' and so we say into confusion." Now mark the answer of the Commons, in perhaps the boldest and most remarkable state document of the time. The hand of Pym may be traced in every line of it. The commence- ment of the extract which follows is indeed almost literally copied from one of his finest speeches. " If," say the Commons of England to their king, " if we have done more than ever our ancestors have done, we have suffered more than ever they have suffered ; and yet, in point of modesty and duty, we shall not yield to the best of former times ; and we shall put this in issue. Whether the highest and most unwar- rantable proceedings of any of his majesty's predecessors do not fall short of, and much be- low, what hath been done to us this Parlia- ment ; and, on the other side, whether, if we should make the highest precedents of other Parliaments our patterns, there would be cause to complain of ' want of modesty and duty in us,' when we have not so much as suffered such things to enter into our thoughts which all the world knows they have put in action 1 Another charge which is laid very high upon us (and which were indeed a very great crime if we were found guilty thereof) is, ' that, by avowing this act of Sir J. Hotham, we do, in 220 BRITISH STATESMEN. consequence, confound and destroy the title and interest of all his majesty's good subjects to their lands and goods ; and that, upon this grbund, that his majesty hath the same title to his own town of Hull which any of his subjects have to their houses or lands ; and the same to his magazine or munition there, that any man hath to his money, plate, or jewels ; and there- fore that they ought not to have been disposed of without or against his consent, no more than the house, land, money, plate, or jewels of any subject ought to be without or against his will.' Here that is laid down for a principle which would indeed pull up the very foundation of the liberty, property, and interest of every subject in particu- lar, and of all the subjects in general, if we should admit it for a truth ' that his majesty hath the same right and title to his towns and magazine (bought with the public moneys, as we conceive that at Hull to have been) that every particular man hath to his house, lands, and goods ;' for his majesty's towns are no more his own than his kingdom is his own ; and his kingdom is no more his own than his people are his own ; and if the king had a property in all his towns, what would become of the subjects' property in their houses therein 1 and if he had a property in his king- dom, what would become of the subjects' prop- erty in their lands throughout the kingdom 1 or of their liberties, if his majesty had the same right in their persons that every subject hath in their lands or goods 1 and what.would become of all the subjects' interest in the town and forts of the kingdom, and in the kingdom itself, if his majesty might sell, or give them away, or dispose of them at his pleasure, as a particular man may do with his lands and with his goods 1 This erroneous maxim being infused into prin- ces, that their kingdoms are their own, and that they may do with them what they will (as if their kingdoms were for them, and not they for their kingdoms'), is the root of all the subjects' 1 misery, and of all the invading of their just rights and liberties; whereas, indeed, they are only in- trusted with their kingdoms, and with their towns, and with their people, and with the pub- lic treasure of the Commonwealth, and what- soever is bought therewith. By the known law of this kingdom, the very jewels of the crown are not the king's proper goods, but are only intrusted to him for the use and ornament thereof; as the towns, forts, treasure, maga- zine, offices, and people of the kingdom, and the whole kingdom itself, are intrusted unto him for the good, and safety, and best advan- tage thereof ; and as this trust is for the use of the kingdom, so ought it to be managed by the advice of the houses of Parliament, whom the kingdom hath trusted for that purpose, it being their duty to see it be discharged according to the condition and true intent thereof, and as much as in them lies, by all possible means to prevent the contrary ; which if it hath been their chief care and only aim in the disposing of the town and magazine of Hull in such man- ner as they have done, they hope it will appear clearly to all the world that they have dischar- ged their own trust, and not invaded that of his majesty's, much less his property, which, in this ease, they could not do." A second answer was returned by the king, more weak and more elaborate than the first, and a vigorous remonstrance, recommended in an earnest and forcible speech by Pym,* was forwarded to Charles. It opened with these words : " We, your majesty's most humble and loyal subjects, the lords and commons of this present Parliament assembled, do hereby call God, this kingdom, and the whole world to witness, that we have, ever since our first meeting in this present Parliament, with fidel- ity to your majesty and the state, with much patience and constancy in respect of the great affronts and interruptions, the pernicious plots and attempts wherewith we have been encoun- tered, distracted, and opposed, employed our counsels and endeavours to maintain God's true religion, the honour and rights of your crown, the peace and safety of your royal per- son and your kingdoms, and the just liberties of your people ; that so we might ease them of their great grievances, and prevent the fears and dangers, yea, the imminent ruin and de- struction, which have been contrived and fos- tered, not only in your court, but even very near your own person ; and however our liber- ties have been invaded, many of our lives en- dangered, and such attempts made upon us as might have subverted the very being of Parlia- ment, yet have we so kept ourselves within the bounds of modesty and duty, that we have given no just occasion of your majesty's ab- sence at this time." In reference to a com- plaint in the king's last paper, the following remark is made : " And whereas his majesty saith 'he could wish that his own immediate actions, which he avows on his own honour, might not be so roughly censured under that common style of evil counsellors,' we could also heartily wish we had not cause to make that style so common ; hut, how often and un- dutifully soever these wicked counsellors fix their dishonour upon the king, by making his majesty the author of those evil actions which are the effects of their own evil counsels, we, his majesty's loyal and dutiful subjects, can use no other style, according to that maxim in the law, ' The king can do no wrong ;' but if any ill be committed in matter of state, the council must answer for it ; if in matters of justice, the judges." Every step in this paper war now brought the combatants nearer and nearer to a more real and a more fatal field. The great ques- tion on which all else depended was at last in vehement agitation the command of the mili- tia of the kingdom. The very condition of the parties between whom the discussion arose precluded from the first the possibility of agree- ment. Some idea of the labour and research which Pytn, notwithstanding, devoted to this memorable question, will be gathered from a curious document in the appendix at the end of this article, t and which is highly character- istic of the man. The disposal of the militia, however, cannot be argued, in the present case, on abstract grounds, though Pym has made out the most forcible case, even in that view, which has been yet attempted. The Parliament had been undoubtedly forced into a position to make the * See this speech in Cobbett's Parl. Hist., vol. ii., p. 11C2. t Appendix C. JOHN PYM. 221 demand they did,* when, as a ground of trust, they required that the king should place the army and navy under the command of officers possessing the confidence of both Houses. On refusal of this, he was asked whether, for a time, the militia might 'not be granted! " No, by God !" his sacred majesty, according to Rushworth,t swore ; " not for an hour ! You have asked that of me in this was never asked Of any king, and with which I will not trust my wife and children." On a subsequent motion of Pym, the Com- mons unanimously passed their ordinance for disposing the militia, and sent it up to the Lords. Meanwhile they again memorialized his majes- ty, who, in return, vapoured upon them thus : " We will propose no more particulars to you, having no luck to please or to be understood by you. Take your own time for what concerns our particular, but be sure you have an early, speedy care of the public ; that is, of the only rule that preserves the public, the law of the land : preserve the dignity and reverence due to that. It was well said in a speech made by a private person (it was Mr. Pym's speech against the Earl of Strafford, and formerly quo- ted by us), The law is that which puts a dif- ference betwixt good and evil, betwixt just and unjust. If you take away the law, all things will fall into a confusion ; every man will be- come a law unto himself, which, in the depra- ved condition of human nature, must needs produce many great enormities. Lust will be- come a law, and envy will become a law ; cov- etousness and ambition will become laws ; and what dictates, what decisions such laws will produce, may easily be discerned.' So said that gentleman, and much more, very well, in defence of the law, and against arbitrary pow- er. It is worth looking over and considering ; and if the most zealous defence of the true Protestant profession, and the most resolved protection of the law be the most necessary duty of a prince, we cannot believe this miser- able distance and misunderstanding can be long continued between us ; we have often and ear- nestly declared them to be the chiefest desires of our soul, and the end and rule of all our ac- tions." And again, in one of his subsequent productions, he returned to the same strain. " We remembered them long ago, and we can- not do it too often, of that excellent speech of Mr. Pym's : The law is that which puts a dif- ference," &c. And Mr. Hallam can say of these tedious and evasive documents that they excel the manly, earnest, and straightforward productions of the popular leaders ! The next motion of the Commons " shook Charles's throne and title to the centre."! Af- ter obtaining, by a masterly stroke of vigorous policy, possession of the fleet, they passed the three following resolutions: "1. That it ap- pears that the king, seduced by wicked coun- sel, intends to make war against the Parlia- * Even Lord Clarendon admits, on the passing of the mi- litia ordinance, that " when this bill had been, with much ado, accepted and first read, there were few men who im- agined it would ever receive farther countenance, but now there were few who did not believe it to be a very necessa- ry provision for the peace and safety of the kingdom ; so great an impression had the late proceedings made upon them." t Vol. iv., p. 533. t History from Mackintosh, vol. v., p. 304. ment, who, in all their consultations and ac- tions, have proposed no other end unto them- selves but the care of his kingdoms, and the performance of all duty and loyalty to his per- son. 2. That whensoever the king maketh war upon the Parliament, it is a breach of the trust reposed in him by his people, contrary to his oath, and tending to the dissolution of his gov- ernment. 3. That whosoever shall serve or assist him in such wars, are traitors by the fundamental laws of this kingdom, and have been so adjudged by two acts of Parliament, and ought to suffer as traitors." The king now, in his turn, denounced the militia ordinance as illegal, and began to issue his commissions of array. On the 12th of July the Commons voted the raising of an army, to be commanded in chief by the Earl of Essex. Some days after, a proclamation from the king declared Essex a traitor. At this point a temporary pause maybe made, for the purpose of introducing a speech by Pym,* of a style very different from any that has yet been given, but conceived and expressed in exactly that sort of exquisite gravity of hu- mour which such a subject was likely to call forth from such a speaker. On the publication of the militia ordinance, Sir Edward Bering whose fantastic vanity, before adverted to, had already separated him from the popular party and banished him from the House bethought himself of a new project for notoriety, and, " albeit a justice of the peace," presented him- self, with some equally dignified friends, as can- didates to serve on the grand jury of the coun- ty of Kent (which he had before represented in the Commons), which being allowed', he whee- dled all the jurors into his purpose ; or, in the words of the charge preferred against him, having drawn up the heads of a strong petition against the militia ordinance and the Housd of Commons, he "did tender the said heads to the said grand jury, and did then and there wickedly and unlawfully persuade, labour, and solicit the rest of the grand jury to agree to the same, and have them drawn into a petition to the Parliament, to be presented by the said grand jury to the judge of the said assizes and the rest of the bench there, to be by them as- sented to and approved of ; and did then and there wickedly conjure the said grand jury to secrecy, and not to discover any thing touch- ing the said petition, till it should be by them agreed upon and presented as aforesaid, false- ly persuading them that they were thereunto bound by their oath." Some of the jury con- sented, some refused ; but Sir Edward persist- ed, ultimately managed to present his petition to the judges, and was proposing to do a vast deal more, when " Mr. Pym" interfered, lodged an information against him, and supported it, before the House of Lords, in the following ad- mirable speech of grave satirical humour : " Your lordships see by this that hath been read unto you, that nondum recentis Ilii fatum stetit ; that, notwithstanding the many strange and variable attempts against the Parliament, and their wonderful and miraculous preserva- tions, yet mischief is so fruitful and generative as to produce a new brood of serpents, which * This speech appears anonymously in tin common Par- liamentary histories, but in the Journals it is given to Pym. 822 BRITISH STATESMEN. are continually hissing, maligning, and prac- tising against the pious and noble endeavours of both Houses, and against the peace, pros- perity, and happiness of this afflicted kingdom. If the evil and seducing spirit which doth ani- mate those designs were asked from whence he comes, doubtless his answer would be, ' from compassing the earth,' having removed his scene into many several parts, and found so many friends and patrons of his audacious achievements, amongst whom this gentleman, Sir Edward Bering, is one : a man of mark and eminency ; of wit, learning, and zeal, at least in show and appearance ; and yet all these miserably shipwreck'd upon the shelves and sands of the Kentish shore ! The thing itself appears to your lordships to be a manifest breach of the rules of law, justice, and reli- gion ; and yet, under the cloak of all three, a fast must be proclaimed to take away Naboth and his vineyard ! The yeomanry of Kent, heretofore in great esteem, is now become vile and contemptible ; an extraordinary grand jury must be prepared of knights, gentlemen, and justices of the peace, for some extraordinary service what it is your lordships have heard. They must descend from their places on the bench, and from themselves too, not to serve their country (for that were no disparagement), but to serve their own unworthy, ambitious, and seditious ends. " This gentleman, a ringleader, late a mem- ber of the House of Commons, the grand jury of the whole kingdom (and there so highly es- teeming of his wisdom), is contented now to descend so low as to become one of the com- mon jury of the county. Such is the mean- ness and pusillanimity of high thoughts, as, for compassing of their own ends, to stoop to any condition, how low soever it may be ! " Having set the cards, however, he plays the game very foully. He leads his fellows out of the way, and makes them, like ill hunt- ers, instead of following the chase, at the quest of one ill mouth to fall upon a flock of sheep ! Their duty was to have inquired diligently of the matters given them in charge. Surely this was out of the charge, because the judge had told them it was out of his commission. And yet they leave other matters which they were charged with as accidents and trifles, and in- sist upon this, which they had nothing to do with, as the principal business. " He obtrudes on them also, be it observed, divers monstrous and seditious heads, and by sinister suggestions, labours, and solicitations, which ought not to be used to a jury, and by a kind of violence ofTered them, seeks to enforce them to a consent, contrary to their own rea- son, judgment, and consciences, when they re- fused, opposed, and protested against it. Fail- ing of this, " Fleeter e si nequeam super os, acker onto, mo- vebo ! instead of inquiring upon the statute of witchcraft and conjuration, he useth his con- jurations and enchantments upon them to con- jure them to secrecy, falsely persuading them that they will be bound unto it by their oath. When all this would not serve, he then applies himself to the bench ; and by the enchantments and conjurations used there, prevails so far as to have it there voted and assented to by such as were present, and, to give the more strength and countenance to it, wants not the aid and concurrence of some appearing reverend di- vines, and of civilians also ; and sticks not to affirm that he can have 40,000 persons to at- tend the petition ! proclaims a meeting at Black- heath, a place fatal and ominous for actions of this nature ! and all this under colour of a pe- tition being, in truth, a challenge, an adjura- tion, and a scandal upon the Parliament, and purporting nothing else but a desperate design to put not only Kent, but, for aught is known, all Christendom into combustion, carrying sails full swollen with spite, arrogancy, and sedition. " The particular instances I forbear to trouble your lordships with, because you will find some of them upon perusal of the petition. Many arguments might be used in aggravation of them, from the eminency of the power of the person, and the arrogancy of his mind ; from the acrimony of his spirit, and from the topping place of Kent, which former ages have found obnoxious to these infelicities ;* which this gentleman, so well read in story, should have been mindful of in these troublesome times ! But all these, and other circumstances, I leave to your lordships' noble and judicious consider- ation, desiring, amongst other motives, that your lordships will be pleased to reflect upon the acts of your own justice in a case of like nature, which, being first begun here, near at hand, might have spread the flame and con- tagion over all England, had not the great wis- dom and justice of both Houses in due time prevented it. " I shall add no more at this time but what I have read of a people in Africa, who sent a challenge to the wind, whereupon, at the meet- ing, the wind blew down mountains upon them and overwhelmed them. I hope those bold and insolent adventurers, who have presumed to send a challenge or defiance to the great Houses, shall find a like stroke of their wonted power and justice, and that they shall meet with such a wind as will blow down their high thoughts upon themselves, return their votes into their own bosoms, and their mischievous designs upon their own heads ! " All which I am warranted, in the name of the House of Commons, and of all the com- mons of England, to desire of your lordships ; and that you will be pleased to make this gen- tleman, the principal author of this foul act, a spectacle and pattern of exemplary justice to present and future times." On the 22d of August, Charles I. erected his standard at Nottingham. The day was stormy and tempestuous, says Clarendon, and the king appeared more melancholic than he used to be. " The standard itself was blown down, the same night it had been set up, by a very strong and unruly wind, and could not be fixed again in a day or two, till the tempest was allayed." Essex was in the field almost equally soon ; and the green-coat regiments of Hampden, the London red-coats of Hollis, the purple of Lord Brook, the blue of Lord Say, were soon seen gathering over the English fields. Sir William Waller, the firm friend of the Parliament, wrote * Pvm here makes allusion to what has been commem- orated so nobly by our great poet Wordsworth, in his son- net beginning " Vanguard of Liberty, ye men of Kent !" JOHN PYM. 223 to his " noble friend" Sir Ralph Hopton, entire- ly devoted to the king, in these words : " My affections to you are so unchangeable, that hostility itself cannot violate my friendship to your person ; but I must be true to the cause wherein I serve. The old limitation of usque ad aras holds still. . . . The great God, who is the searcher of my heart, knows with what re- luctance I go upon this service, and with what perfect hatred I look upon a war without an enemy. But I look upon it as opus Domini, and that is enough to silence all passion in me. The God of peace in his good time send us peace, and in the mean time fit us to receive it ! We are both on the stage, and we must act the parts that are assigned us in this tra- gedy. Let us do it in a way of honour, and without personal animosities." It stands on record, to the immortal honour of the English character, that in this noble and affecting spir- it, with very rare exceptions, our great civil war was to the last fought out on both sides. None of its details, however, belong to this memoir. To Pym was intrusted the momen- tous duty of watching over and conducting the affairs of Parliament and the executive while the majority of his friends were absent in the war. The executive power had been vested in what was styled a " Committee of Safety," comprising five peers, Essex, Northumberland, Pembroke, Holland, and Say, and ten common- ers, Pym, Hampden, Hollis, Marten, Fiennes, Pierrepoint, Glyn, Sir William Waller, Sir Phil- ip Stapleton, and Sir John Meyrick. But all its most arduous duties fell upon Pym, and to their performance, with his old and unwearied en- ergy, he entirely devoted what was left of his great and useful life. With a view to that solemnity which was thought befitting the capital of a country through which civil war now raged, one of the first acts of the Houses was the issue of an or- der that, during the present period of calamity, " when humiliation and prayer better became the state of public affairs than mirth and lev- ity," all public stage-plays should cease and be forborne. There is something grand in this, with which the liveliest and most liberal ima- gination among us now need not fail to sym- pathize. The players, however, were not dis- comfited. Scorning plain prose, they sent up a rhymed petition to the Houses, and then fol- lowed the army of the king. From the petition itself a line or two may serve : * * * " We vow Not to act any thing you disallow. We will not dare at your strange votes to jeer, Or personate King Pym with his state fleer."* "King" Pym was a favourite and scarcely ob- jectionable term of Royalist reproach against one who reigned with absolute power over the * King Pym has been personated at last, however, or, if not personated, at least delineated, by Mr. Browning, with infinite force, expression, and beauty, in the recent tragedy of " Strafford." But the offences against Pym at this time were not all so harmless as that alluded to in the text. I copy from the Old Parl. Hist., vol. ii., p. 266: "Two were tried. this day at the Lords' bar; one of them, Mr. Winde- bank, for saying ' that Mr. Pym had taken a bribe of 30, sitting in the chair in Easter tirrm ; that he had as many sugarloaves given for bribes as he had sold for 6 or 700. That before he was a Parliament man he was worth little, but he had now cozened the king of as much money as he had bought a good estate, and given 10,000 of the king's money to the marriage of his daughter." affections of the great mass of the English people. As the players went out, pamphlets and news- papers, a new, and many may think a some- what less exceptionable series of " abstract and brief chronicles of the time," came in. Now " News from Hull," " Truths from York," and "Warranted Tidings from Ireland," coursed the country side ; now the " Scots' Dove" as- saulted and tore to pieces the " Parliament Kite" or the " Secret Owl ;" and the "Weekly Discoverer" suddenly found himself " The Dis- coverer stript naked." The principal regular newspapers, however, were, on the side of the Parliament, the Mercurius Britannicus, written by the famous Marchamont Needham, or " foul- mouthed Ned," as his polite opponents styled him ; and, on the king's side, the Mercurius Aulicus, published under the classic auspices of Oxford, and written, as Needham used to say, " by Birkenhead the scribe (afterward Sir John), Secretary Nicholas the informer, George Digby the contriver," and that very reverend divine, Doctor Peter Heylin. The wars of these rival journalists were carried on without much scruple on either side, though the court undoubtedly carried off the palm for indecency ; and they served to disseminate, in every pos- sible shape, the fiercest hate and malice. I have examined them all (I believe) with the ut- most care, and shall be able to illustrate the remaining part of my subject with an occasionl extract. The exertions which Pym found requisite to maintain the interest and honour of Parliament at this time are almost incredible ; and as the checkered fortunes of the Parliamentarian army darkened into positive losses, the difficulties of his position were only less extraordinary than the resources they called forth from him. " From three of the clock in the morning to the evening, and from evening to midnight," says an unimpeachable witness, Dr. Marshall,* who stood by his side, he laboured in the service of the Commonwealth. Now on the field of ac- tion, consulting with Hampden ; now in the tent of Essex, strengthening his failing pur- pose ; again at Westminster ; and then among the London citizens it was Pym, and Pym alone, who held at this awful crisis the frame of the executive together. And, what in this was probably the most ex- traordinary, his influence sustained itself in de- fiance of all the violent changes and affections of the shortsighted multitude. In the opening months of the war, for instance, a negotiation with the king was opened, and became highly unpopular. Pym acknowledged its propriety, however, and, with some of the committee, presented himself at the Guildhall, and thus addressed the authorities :f "My lord-mayor and gentlemen, I and my colleagues are here to represent to you (to you of this famous city of London, who will make it much more famous by these noble affections, which you have showed still to the public good, and by yielding so much aid and so much en- couragement as you have done to the Par- liament in maintaining it!) the state of both. * Funeral Sermon, p. 36. t This speech is not in Rushworth. I coj'yfroman edi* tion printed " for Peter Cole." 224 BRITISH STATESMEN. Houses, and the reasons and motives upon which they did desire peace ; motives, indeed, that have wrought with us from the beginning of this war to this time ; for we should never have stepped one step towards war if we might have had, or hoped for, such a peace as might have secured religion and liberty, and the pub- lic good of the kingdom. But truly ill counsel did exclude us from such hope. " We now conceive that the king, having seen the courage of his subjects, having seen the danger of his own person, and so much blood shed about him, will be more tractable to good conditions of peace than he would have been before, and that is the reason why we do think fit to try him once more, after this battle that hath been lately fought, before it come to another battle. " It is true that this may seem a resolution contrary to that which was opened to you with- in these few days ; but you will conceive that all great councils are subject to alter their res- olutions, according as matters alter, and as the apprehensions of matters alter ; for if things appear more clear and hopeful to them at one time than another, it is no dishonour for them to vary according to their appearance, judg- ments, and best reasons, so long as they do it with affections to the best purpose, which you may rest assured the Parliament hath done. And though we desire peace very much, yet a peace to betray religion or to betray our liber- ties we shall always esteem worse than war ; therefore we shall put it to a very quick issue, if the king receive the petition, to make such propositions as you may see. " First, whether you shall be secured in your religion ; in your religion with a hope of ref- ormation ; such a reformation as may maintain the power of religion, and the purity of religion, as well as the name of religion ; for we shall not be contented with the name, nor without a reformation that shall maintain the power of it. Next, we shall pursue the maintenance of our liberties liberties that may not only be in laws and statutes, but liberties that may be in practice and in execution and to take such course that you may have the effects of them in truth ; for to have printed liberties, and not to have liberties in truth and reality, is but to mock the kingdom ; and I hope we shall take care for that in the second place. Thirdly, we shall take care to maintain the dignity and the honour of Parliament, for that is what will be a lasting security to you in your liberty and re- ligion. We shall take care, in the fourth place, to answer the affections of the city of London, that we will not consent to anything that shall be prejudicial to them. We will preserve them in the highest degree of honour that ever this city of London was in ; and truly it is now in the highest degree of honour that ever it was, for you have carried yourselves in such a re- gard to the public as never any of your prede- cessors did before, and therefore we shall, in a peace, be as careful of you as of ourselves ; and you may be assured of this,, that if we have not this peace, our lives, our pains, our estates, they shall all join with you in maintaining that with the sword which we can not get in an humble way by petition. And this, I again say, we shall bring to a quick issue. " Therefore I shall only move you, as I am commanded to do from the Parliament, that you will not think there is any fainting on our parts ; that we are more cold or less affection- ate to any of these good ends than heretofore we have been, but that we would compass them with more secure advantage ; for if you can get these by peace, you will have great advantages by it : you will hinder foreign in- vasions from beyond the seas ; you will quick- ly be able to master the rebels in Ireland ; you will quickly be able to suppress the Papists that begin to rise in England : then you shall have a perpetual security that they shall never be able to hurt you more. Therefore, if we can have such a peace without further hazard and blood-shedding, we shall praise God, and es- teem it as a great blessing ; but if not, pray lay not down the same spirits, for we have the same hearts, and multitudes of spirits, and the kingdom inclinable to us. W'here the king has been, many, to save their estates and lives, have showed themselves but men, for it was not to be thought that single counties should maintain themselves against an army ; but they have hearts as they had theretofore, and no doubt but they will join with us, with more alacrity, when they see we have desired peace by all the ways we could, and cannot have it. " We shall, by this means, satisfy our own consciences ; we shall satisfy many members of Parliament that desired it might be put on this way ; we shall satisfy many of the king- dom, too, that have held themselves indiffer- ent ; but when they see there is no hope of peace in such a way without blood, certainly they will stand to us for religion and liberty, which must be destroyed if we cannot secure them without war. Therefore I shall com- mend to you that you would not let fall any part of your contributions, for it is that which must maintain the army, nor entertain ill ap- prehensions of the Parliament, but go on so as you have done. The end of all, I hope, will be such that God may have all the glory, and you all the comfort !" Two little months after, however, when \var, again less successfully resumed, was not so popular, he presented himself in the same place, and requested from the same authorities a far- ther assessment of supply upon the citizens. " My lord-mayor and gentlemen," he said, " we come not to tell your lordship and these worthy citizens only our wants and dangers, but we come to speak the thanks of the Par- liament to you for that which you have already done ; for that you have showed so much af- fection to the public, and that it hath produced so good effects throughout the whole kingdom. Now you have indeed an army raised, most out of this city, able to defend (with God's blessing) the religion and liberty of the king- dom, if it may be upheld ! And we come not only to give you thanks for that which you have done, but to stir you up to join with us in giving thanks to God that hath given such a blessing to our endeavours, that when, by let- ters sent into all parts almost, our enemies did presume beforehand to triumph in the ruin and plundering of this city, God prevented it, and hath kept you safe ; kept your houses, your walls, your suburbs, safe from that that was JOHN PYM. 225 intended against you ! And now, truly, as we have sought for this blessing by fasting and by prayer, so it is fit that we should testify our thanksgiving for it ; and this is a necessary part of our errand which we are sent about. And that we may be serviceable to God's prov- idence still, as he hath stirred up your hearts to do so much already, so that he would stir you up still to continue to do that which is fit to be done for the future, and that you will do it in such a way as may be most pleasing to yourselves. " We come not hither, that, by any consent here in public, you should bind yourselves in particular, but we come to let you know the dangers of the kingdom, with the sense the Parliament hath of it, and of the city especially, that you may not lose that which hath been already done, but that you may go on still chearfully to do the full work. And we come to tell you' that the Parliament doth intend the burden shall not lie upon you that are well af- fected and come in voluntarily, but that they have thought upon a way, and have begun it already, and I hope, within two or three days at the most, it shall be published to you, that all that are indisposed shall be forced to do that which, out of readiness and chearfulness to the public good, they will not do of themselves. Neither limit we it to the city and suburbs, but we are in a course to draw in all the counties of the kingdom, that as the burden is universal, so the aid may be universal. These are the thoughts of the Parliament. " If it please God to bless your forces that are already raised and continued, we hope you shall not only see peace again in the kingdom, and security for your religion, but see that the burden shall lie upon those who have been the engines and actors of the mischiefs and troubles that are come upon us. They shall then rec- ompense the charges you have been at already ! " This is the intention of the Parliament. Only for the present do somewhat ! Every man, as God shall enable him, do somewhat ! Thus we may meet the present necessities, and prevent the dangers that require a present sub- sistence and present supply of the army ; with- out which, what is it will follow but the dan- ger of the city, the ruin of the countries about, the stopping up of the river, which is almost taken from you, and the loss of the seacoasts ! You cannot have better hearts than you have ; God hath enabled many of you with purses. I hope it will be so readily disposed that we shall have a full joy in the recompense of it and of the retribution. This let us all pray to God to bring to pass." A supply followed this speech, which is an exquisite specimen of those " wonderful popu- lar arts" which Clarendon ascribes to Pym. It would, indeed, be difficult to imagine any thing better adapted to the occasion so forcible, yet worded with such nice subtlety, as the passa- ges which have just been quoted. Meanwhile the king, heated with his imagined successes, addressed a paper to the city of London in the highest style of a conqueror. Their recent ac- tions he represented herein as outrages of so tremendous a nature that they called down the immediate vengeance of God, unless the city would purge itself of guilt by delivering up to Fr him their pretended lord-mayor and other lead- ers, whom he had particularly marked as trai- tors in his proclamations;* he graciously of- fered pardon to the rest, and added that he would give them the honour of his presence when they should put themselves in a proper posture to receive him ; with a warning that whosoever should henceforward contribute, by the payment of tonnage and poundage, or any other tax, on what pretence or authority soev- er, to the maintenance of the army under the Earl of Essex, must expect the severest pun- ishment the law could inflict. He concluded with an express command that this his mani- festo should be read out publicly in the city of London. This command, at least, was obeyed. The Parliament was communicated with, and a committee of both Houses were present when it was read. " Methinks I see him," says Mr. Godwin, in reference to this period, " methinks I see Charles, in his principal entrance into London, surrounded by all his minions and myrmidons, his horse's hoofs wet with his country's blood." But this was not to be while Pym lived. The king's manifesto was read, and a deep silence followed, when "Mr. Pym, that worthy mem- ber of the House of Commons and patriot of his country," as Peter Cole styles him in his edition of the speech, rose and commented, elaborately, but with singular force and clear- ness, on the various allegations of Charles. He acknowledged the generous and magnani- mous conduct of the city, and their steady ad- herence to the principles of liberty ; he avowed that all those actions with which they had been reproached by the king had been done in obe- dience to the commands of Parliament ; he vindicated those commands, and showed that the king's answer was a libel, stuffed with scandalous, injurious aspersions on the two re- spectable bodies of Parliament and city ; as to the king's assertion that he was driven by tu- mults out of the city, Pym remembered the company of the king going, the day after his attempt to seize the members, into the city without a guard, and his residing divers days at Whitehall, Hampton Court, and Windsor, without any attempt which could give him ap- prehension of fear. On Charles's accusation against the two Houses of destroying the prop- erty of the subject by taking away the twen- tieth part by an arbitrary power, Pym observed that there was little reason for this objection on his majesty's behalf, when it was well known that from the subjects who were within the power of his army he did take the full yearly value of their lands, and in some cases more ; that not only particular houses, but whole towns, had been plundered by command and design ; and that by proclamations men were declared to forfeit all their estates because they would not obey arbitrary commands. To the king's declaration that he expected to be kept from tumults and affronts, Pym observed, that his majesty's expressions, in his answer, tend- ing to the making a division in the city, and to the raising a party which might make disturb- ances in the orderly government now estab- lished in it, would be more prejudicial to his * These were Yen, Foulke, and Mainwaring. 226 BRITISH STATESMEN. quiet aoode in London than any thing which had ever been acted by the houses of Parlia- ment, or the present governors of the city. In conclusion, as to the threatening part of the matter, Pym added, with a stern indifference, that the danger arising from these ill councils which influenced the king could not be kept off but by the power of arms ; and that the Lords and Commons were so far from being frighted by his menaces, that they had just de- clared farther contribution towards the main- tenance of the army ; that they hoped for the continuance of the good affections of the city, and indeed desired that they would add at once some farther contributions towards the support of the forces which were now in existence for all their safeties. ,The effect of this speech is strikingly de- scribed by the reporter. " At the end of every period the applause was so great that he was fain to rest till silence was again made ; and at last (the company ready to be dissolved), after some pause and consultation with the committee of Lords and Commons then present, silence being made, he closed all with the words following : 'Worthy citizens, you have understood the sense of both houses of Parliament concerning my lord-mayor here, and those worthy mem- bers of your city that are demanded ; you have heard the Parliament declare that they will pro- tect them in that which they have done by di- rection of both Houses ; and they expect that you should express it yourselves likewise, that if any violence be offered to them, you will se- cure and defend them with your uttermost force ; and you shall always find that this pro- tection of the Parliament shall not only extend to these, but to all others that have done any thing by their command ;' which words were no sooner uttered, but the citizens, with one joint harmony of minds and voices, gave such an acclamation as would have drowned all the former, if they had been then breathing ; which, after a long continuance, resolved itself into this more articulate and distinct voice, 'We will live and die with them ! We will live and die with them !' and the like. So that," con- cludes Mr. Peter Coles, " in the managing of this day's work, God was so pleased to mani- fest himself, that the well affected went away, not strengthened only, but rejoicing ; and the malignants (as they have been called), some convinced, others silenced, many ashamed, it fully appearing how little power they had to answer their desires of doing mischief. In- stead of dividing the city, the city were more exceedingly united ; instead of a dissipation, thousands were unexpectedly brought, as it were, into an unthought-of association, to live and die in the defence of those zealous and honourable assertors of their peace and liber- ties, all which we may sum up in that triumph of the man of God, ' In the thing wherein they dealt proudly, God was above them.'" Proud indeed was Pym's bearing through these great extremities of the cause, which, however, now threatened to deepen daily. Sir William Waller suffered a serious check from his old friend Sir Ralph Hopton, and was sub- sequently completely routed by Wilmot. Exe- ter and Bristol at about the same time surren- dered to the king. The London people began to murmur, and the danger was imminent in- deed. Again Pym saved the Commonwealth. The formidable conspiracy against the Parliament, and the life of Pym, its principal member, known by the name of Waller's Plot, was now discov- ered by the unwearied and unwinking vigilance of the patriot, and the feeling produced by its disclosure reanimated the sympathies of the people. The plot had been got up by Edmnnd Waller the poet, in concert with two associates named Challoner and Tomkins. The object was to seize the persons of Pym and the leading members of the Commons, and deliver up the city to the king. The proceedings were nearly ripe, when, says Clarendon, " a servant of Mr. Tomkins, who had often cursorily overheard his master and Mr. Waller discourse of the ar- gument, placed himself behind a hanging at a time they were together, and there, whilst either of them discoursed the language and opinion of the company they kept, overheard enough to make him believe his information and discovery would make him welcome to those whom he thought concerned, and so went to Mr. Pym, and acquainted him with all he had heard. The time when Mr. Pym was made acquainted with it is not known, but the circumstances of the publishing it were such as filled all men with apprehensions. It was on Wednesday the thirty-first of May, their solemn fast-day, when, being all at their sermon in St. Margaret's Church at Westminster, according to their custom, a letter or message is brought privately to Mr. Pym, who thereupon, with some of the most active members, rise from their seats, and, after a little whispering to- gether, remove out of the church. This could not but exceedingly affect those who stayed be, hind. Immediately they sent guards to all the prisons, as Lambeth House, Ely House, and such places where their malignants were in. custody, with directions ' to search the prison- ers,' and some other places which they thought fit should be suspected. After the sermons were ended the Houses met, and were only told ' that letters were intercepted going to the king and the court at Oxford that expressed some notable conspiracy in hand to deliver up the Parliament and the city into the hands of the Cavaliers, and that the time for the execu- tion of it drew very near.' Hereupon a com- mittee was appointed ' to examine all persons they thought fit, and to apprehend some nomi- nated at that time ;' and the same night the committee apprehended Mr. Waller and Mr. Tomkins, and the next day such others as they thought fit."* The utmost available use was made of this * Hist., vol. iv., p. 66, 67. In No. 112 of King's Pam- phlets, part xiv., p. 300, is a preposterous account of this plot, stating that it was merely a "commission issued by Charles against traitors," and that certain members of the House of Commons, assuming themselves to be the traitors, having found in whose hands the commission was, " on Wednesday, May the 31st, when the rest of their body were at church to observe the fast, some fifty of them went into the House of Commons, and delegated the whole power of the House to Master Pym, Master Glyn, Mr. St. John, Sir Harry Vane the younger, and Sir Gilbert Gerard ; who, raising the trained bands, seized upon such persons as they thought were likely to cross their purposes, and filled the town with all the noise and clamour before remembered," &c., &c. The only effect of this is to implicate the king more deeply in the treachery. JOHN PYM. 227 discovery by Pym, and the most striking was the introduction of a vow against this or any similar design, which, though nominally op- tional, served all the purposes of a test. Tom- kins and Challoner were tried and executed, and died acknowledging the justice of their punishment. Waller had disclosed so much, that on the payment of a fine of 10,000 and a year's imprisonment, he was suffered to carry his ignominy to France. The whole course and management of the plot, and its discovery, were enlarged on in the city with Pym's usual adroitness and popular power, and a copy of the elaborate speech he delivered at the Guild- hall, "corrected by his own hand," will be found in the Appendix.* Still the king's successes continued, and still the inadequacy and slackness of Essex became more and more apparent. A proclamation ap- peared from Charles, promising free pardon to all, with some few exceptions,! on the laying down of arms. The exceptions included Pym and Hampden as principal traitors. Some of the moderate PresbyteriansJ in the House showed signs of wincing. The answer of Pym was one of the boldest and most decisive measures yet adopted. He carried up an im- peachment against the queen,$ which Hollis has commemorated in his memoirs as the first great victory gained by the Independents over the Presbyterians. It is clear to me that the great patriot resorted to this as a stroke of im- mediate policy alone, and without any view to serious measures against Henrietta. (I am equally certain that, had Pym survived, poor feeble Laud would not have died upon the scaf- fold.) Any hope of compromise with the House of Commons, as a body, after the queen's im- peachment, was utterly hopeless. The abuses poured out from Oxford upon Pym were commensurate with these services to the " good old cause." " Mercurius Aulicus" * Appendix A. t See Parl. Hist., vol. xii., p. 311, 312. t By the aid of this very party, Pym was foiled more than once in a moderate and generous policy as to the conduct of the war. From one of the, newspapers of a lew months before, for instance, I take the following: " It was adver- tized from London, that upon Wednesday, May 17, at the recommendation of the Earle of Essex, a motion was made in the House of Commons that the Countesse of Rivers might have her coach-horses restored, which had before beene taken from her by some of the horse-takers for the two houses of Parliament j which, though it was a very easie courtesie, considering that she had beene rifled by them (as themselves confessed) to the value of 40, 000, and that it was proposed by Master Pym (no meane man, I hope), would bv no meanes passe." <) "A message being sent up from the lower House to desire the Lords to sit a while, for they had a matter of great importance to communicate to them ; soon after came up Mr. Pym to acquaint their lordships that the Commons had discharged their consciences by the following vote, which they had passed : ' That the queen had levied war against the Parliament and kingdom ;'and having discharged their consciences, they think it lit to discharge their duty too ; and said, he was commanded by the House of Com- mons assembled in Parliament, in the name of themselves, and of all the commons of England, to accuse and impeach, and he did accordingly now accuse and impeach, Henrietta Maria, queen of England, of high treason. And they de- sired their lordships to issue forth proclamations to summon her to appear before them, and receive a trial and due sen- tence for the same. It is observable (hat these votes were carried in the House of Commons nem. con. The queen had just before met the king at Edge Hill with a re-enforce- ment of 3000 foot, 30 troops of horse and dragoons, and six pieces of cannon, besides great store of other warlike am- munition, which made the House of Commons so exaspera- ted against her." Parl. Hist., vol. xii., p. 265. of March the 8th, 1643, observes : " It was car- ried from London by letters of the 2d of March, that in the House of Commons, the day before, there had beene a great adoe about his majes- tie's proclamation prohibiting the association projected and agreed upon by them* betweene the counties of Kent, Surrey, Sussex, and Hampshire, which was inveighed against with all possible acrimony by Mr. Pym, who spake against it no lesse than seven times, and that with so much violence and passion that hee was faine to take breath." Some passages fol- low that may not with propriety be quoted, con- cerning the " hums and plaudites" bestowed upon " this Mr. Pym." The same respectable journal of a few weeks later, after describing the shift to which the Commons had been put for want of money, and a warrant circulated by Lady Waller to arrest the deserters from her husband's army, proceeds thus : " This war- rant a gentleman of goode credit saw this weeke, which you must suppose was drawn up at the honourable she-committee, which is ever full of feares and sadnesse lest that goode fat man. Master John Pym, should lose his vote by going to Master Hampden upon some earnest businesse." " He tells us," rejoins Needham to this in the " Mercurius Britannicus," " he tells us of our she-committee again. Aulicus, let our ladies alone ; they love not to be handled like yours at Oxford." Pym's change of residence has the honour of mention in a succeeding "Auli- cus" : " It is signified in the same letters that the committee for disposing of delinquent estates have appointed the Earle of Derby's house in Westminster to bee a dwelling for Pym, with especiall directions that hee bee not too modest or reserved in the use thereof; and that others of the houses and householde staffe about the Tower are like to bee disposed by the same authoritie (to whose share, think you, will Whitehall fall in this distribution?)." On the other hand, an opposition journal states a very handsome tribute to the patriot, as paid by the court at Oxford : " It is credibly affirmed that the Cavaliers do usually drink this wicked and blasphemous health, viz., ' 1. A health to his majestie, by whom we live, move, and have our being. 2. A health to the confusion of Pym, his God, and his gospel.'" One extract more from the Oxford court journal : " From London we are certified that one Master Carle- ton hath so frequently feasted the worthy mem- bers, one whereof was Master Pym (who, the world knowes, is a man of quick dispatch), that they have eaten the said Carleton into a prettie broken fortune, and rendered him fit to bee a new common councilman; but, to make him whole againe, the worthies have preferred him to a captaine's place in his excellence's army, where, if hee thrive apace, hee may rise to bee as high as Mainwaring or Ven, at least as great as the Earle of Essex." Nor was this the only kind of attack now made upon the patriot. Clarendon boldly affirms " that his power of doing shrewd turns was ex- traordinary, and no less in doing good offices for particular persons ; and that he did preserve many from censure who were under the se- vere displeasure of the Houses, and looked * By Hampdeu and Pym. See Life of Hampden, post, P. 252. 228 BRITISH STATESMEN. upon as eminent delinquents ; and the quality of many of them made it believed that he had sold that protection for valuable considera- tions." This latter deduction may be supposed to rest on the same authority to which Lord Clarendon has confessed himself indebted for other slanders against the patriot that of " an obscure person or two."* The incident, with- out the deduction, would have better deserved mention, as an evidence of Pym's generosity and kindness ; but the wonder would have been, if such a forward and eminent person as Pym, in times of such exasperation, had escaped these fiercest slanders. They passed unnoticed by himself; but the Commons themselves in- terfered at last. When Sir John Hotham, for instance, brought to the bar of the House for desertion to the king, was asked "whether he knew of any members of that House, or of the Lords, that had conveyed any treasure beyond seas, he answered, he knew of none, if he were to die that instant. And being again asked whether he knew that Mr. Pym had conveyed any treasure in like manner, with some astonish- ment he asked if that question was asked him in- earnest ; protested he knew nothing of it, and that he had never reported any such thing." I will quote the sequel of this, as it is given in the Parliamentary History, t "In the course of these examinations, the reader may observe that Mr. Pym is mentioned as charged with some indirect practices. To do justice to that great man, on the same day, Sir Edward Bain- ton, a member of the House of Commons, was sent for, charged with saying that the Lord Say and Mr. Pym had betrayed the west and north ; and being demanded whether he had spoke those words charged upon him, answered, he did not speak them as they were there laid down. Being then demanded what he had spo- ken to that purpose, answered that he had learn- ed, since he had sat here, that he ought not to speak any thing here that reflected to the preju- dice of another member, and therefore desired to be excused, unless he were enjoined and commanded. Whereupon he was enjoined to speak the whole truth ; and then he said that he did not say that Mr. Pym had betrayed the west, but that he had betrayed his county, which he did by being a means of detaining him in prison who only was able to maintain and pre- serve that county till the said county was quite lost, notwithstanding many orders 'made for his bringing up. As for betraying the north, he knew nothing more of that than he had heard in the House, which sounded bad enough, viz., that the offer of the Lord Savile and Sir William Savile to deliver up to the Parliament's forces York and that whole county, if they might not be prejudiced in their persons and estates, was prevented ; adding, that he had heard it said and affirmed, with solemn and deep oaths and protestations, that the Lord Cottington had treated with his majesty for the pardon of the Lord Say and Mr. Pym, and that, if they had had the preferments they expected, we had not been brought to the condition we now are in. Being demanded from whom he heard this, answered, it was from the Lord Grandi- son's brother, Lieutenant-colonel Brett, and * Se the text restored in Clarendon, vol. i., p. 493. t Purl. Uit., vol xii., p 379. Sergeant-major juques, all officers in the king's army, and prisoners with him at Gloucester. Mr. Pym, in answer to the charge, protested solemnly that he never had intercourse with the Lord Cottington, by one means or other, since the difference between the king and Par- liament : that he never received but two mes- sages from him since this Parliament began; the one was by Sir Arthur Ingram, long before he died ; the other by Sir Benjamin Rudyard. Upon the whole, the Commons voted the charge laid upon Mr. Pym by Sir Edward Bainton to be false and scandalous, and that the said Sir Edward should be forthwith sent to the Tower, there to remain a prisoner during the pleasure of the House." Increasing in malignity, however, Pym's slanderers now fixed upon his religious faith and personal relation to the king, and levelled such monstrous charges against him in regard to both, that he thought it necessary at last to issue a " declaration and vindication," which will be found at length in the Appendix.* In this, with great modesty of language and feel- ing, he compares his fate with that of "the orator and patriot of his country, Cicero." " I will not," he says, " be so arrogant as to par- allel myself to that worthy ; yet my case, if we may compare lesser things with great, hath to his a very near resemblance ; the reason I am so much maligned and reproached by ill-affect- ed persons being, because I have been forward in advancing the affairs of the kingdom, and have been taken notice of for that forward- ness ; they, out of their malice, converting that to a vice which, without boast be it spoken, I esteem my greatest virtue." He concluded with affirming his continued attachment to a form of limited and constitutional monarchy in Eng- land. Such a monarchy,t had his life and that of Hampden been spared, would, in all prob- ability, have resulted from the war; and the settlement of its conditions, and of the true extent of the power and authority of the peo- ple, would doubtless have put to shame the feeble and uncertain settlement of 1688. But this hope was already vain. News of Hampden's death had reached Lon- don, and Pym felt himself sinking under a grad- ual and wearing illness. His labours had over- tasked his strength. Still he appeared in the House of Commons, however, and had still one of the greatest achievements of his life to perform.! * Appendix E. t Shortly before the death of Pym, the elector-palatine sent letters to the Parliament, declaring his satisfaction with the covenant, and bemoaning the conduct of his broth- er, Prince Rupert, in fighting against the legislative body. This very constitutional allegiance obtained, eventually, for the elector, a pension from the Parliament, more than equivalent to that which he had been accustomed to receive from the king. The elector himself arrived in England just after Pym's decease, la it possible that something more than this grant, frustrated by the patriot's death, had been secretly in agitation, and that Pym had originally contem- plated the introduction of this electoral prince as the found- er of a new royal dynasty, if it became necessary to depose Charles I. ? t In a recent compilation, entitled " Memoirs of Selden," Pym receives casual mention, at this period, as having sin- gular influence. " Mr. Baillie," says the compiler, " gives this instance of the popularity of Mr. Pym in 1643 : ' Ou Wednesday, Mr. Pym was carried from his house to West- minster on the shoulders of the chief men in the lower House, all the House going in procession before him.'" JOHN PYM. 229 Sanguine hopes prevailed at Oxford that the way to London was open at last. Waller wa routed in the west, and the strong places were in Charles's hands. Gainsborough was recap- tured, and Hull in imminent danger. The queen joined the king with a re-enforcement, and London was without an army or fortifica- tions for its defence. But Pym was there ! The Mercurius Aulicus had heard of his illness, however, and took occasion to throw out the following significant hint : " We are heare very glad to heare that the French ambassadour is most certainly arrived, and doth now reside at Sommerset House ; the king and queen doe both desire that he may be the happy meanes to settle peace in this kingdome, and that Pym, if he be sicke, for so we are certifide by letters, may live to see the king againe, and, by asking God forgivenesse, may die in his bed : a mercy which he does not deserve." This perfidious suggestion availed nothing. Pym was not yet so ill but that he retained his intellect, and, with that, his power ; and now he used them both, with a last and memorable effect, against the king. Essex, despairing, or willing to compromise, wrote to the House of Lords,* advising accom- modation. A petition was voted accordingly, and was taken into consideration by the Com- mons after a vehement struggle ; but ultimate- ly, by the unparalleled efforts of Pym and St. John, a majority of two was obtained against it. All the pulpits of London were brought into requisition, and the people wrought to the last pitch of political and religious enthusiasm. Yet the danger of the defenceless state of the capital remained unprovided against, and the discontent of Essex himself threatened the worst of dangers. Then it was that Pym nobly discharged himself of his last duty to the Com- monwealth, and, oppressed with illness as he was, presented himself, with St. John, at the tent of Essex, and there, as Clarendon says.t Poor Mr. Baillie little thought the use his description of the patriot's funeral would be put to ! It was, alas ! the dead body of Pym thus carried by his old friends to its last rest- ing-place, in testimony of their affectionate respect. * Many of the lords, originally left in the executive, were now sighing once more for the court, and several unseemly exhibitions had already taken place between them and the more resolute members of the Commons. The following is from a curious pamphlet of the time : " The committee for the House of Commons, which came from Oxford, made a relation to the House of his majestis's answer, which was much commended and extolled by all moderate men, and thought to bee both full and satisfactorie ; but that upon the other side it was so farre from pleasing the engaged malignant partie, that Master Martyn said expressly yt it was rather to bee scorned than answered ; and finally, that at a conference the same day betwixt the Houses for giving some answer to his majestie's messages, in the painted chamber, the Earle of Northumberland, standing by the fire, asked Master Martyn (whom he found there) why hee brake open certaine letters which were sent to him to Ox- ford (for such a saucy trick had been put upon him), and finding little reason for it in his reply, gave him a bastinado with his cane, and a blow with his fist ; whereupon Martyn, getting neare him, caught him by the collar of his doublet, or, as some say, by his George, which occasioned divers of the standers-by to draw their swords, amongst whom the Earle of Pembroke is said to bee one, and Master Pym an- other. And it was certified, with all, that the quarrell is so much resented, that the Commons have voted it to bee a breach of their privilege, and the Lords of theirs." t " Mr. Pym," he observes, " always opposed all over- tures of peace and accommodation ; and when the Earl of Essex was disposed, the last summer, by those lords, to an inclination towards a treaty, as is before remembered, Mr. Pym's power and dexterity wholly changed him, and wrought htm to that temper which he afterward swenred by " his power and dexterity, wholly changed him, and wrought him to that temper which he afterward swerved not from." In other words, he assured Essex of the support and confidence of the House, opened his eyes to the king's particular resentments and personal character, and confirmed him in his duty. It has been truly said, in reference to this self-possessed sagacity and courage, that "men actuated by either extreme of violent temper or vulgar prudence would have removed from the com- mand a general whom they had reason to dis- trust." Pym's nobler policy held together the army without a flaw, and, from that hour, the tide of fortune gradually turned. He did not live to see this, but the wise con- sciousness of what he had done was consola- tion sufficient for such a mind. The hand of death was now upon him. Some disgraceful riots broke out at this time, in consequence of the wants and deprivations incident to the war ; and, according to Rushworth, a great multi- tude of the wives of substantial citizens, assist- ed by a large body of men in women's clothes, came to the House of Commons with a petition for peace, and blocked up the door for two hours. " Give us the traitor Pym," they cried, " that we may tear him in pieces ! Give us the dog Pym !" but a troop of horse dispersed them. The traitor or the patriot Pym the words may be probably thought synonymous here was then lying on his deathbed. The House of Commons, anxious to give their great leader one proof of confidence more, had conferred on him, in November, the all- important office of lieutenant-general of the ordnance of the kingdom ; but from this mo- ment he sank rapidly. With gloating expecta- tion, his death was waited for by the Royalists. " From London we hear that Pym is crawling to his grave as fast as he can," writes Trevor to the Marquess of Ormonde, in a letter dated from Oxford in December.* A yet more stri- king evidence of this feeling is supplied in the following extract from the Parliament Scout, published some days before : " We have given the enemy a great and notable defeat this week, if our news hold true ; for whereas they have for many weeks expected the death of Master Pym, and horses have stood ready in several stables, and almost eaten out their heads, for those that were to go with the news to Oxford, and had promise of great reward and knighthood that brought it first, now he is like to recover, and to sit in the House of Commons again, to facilitate busi- ness there, and see an end of the miseries of England ; and this will trouble the other party more, by far, that he is mending, than the rout that Sir William Waller gave to Sir Ralph Hop- ;on on Tuesday last." Very vain was this hope ; for on the 8th of December, 1643, Pym died at Derby House. An account of the last moments of his sickness las been left by onet who knew him intimately through life, and attended his deathbed. From that we learn that he maintained the same evenness of spirit which he had in the time jot from. He was wonderfully solicitous for the Soots coming to their assistance, though his indisposition of body -7as so great that it might well have made another impres- ion upon his mind." History, vol. iv., p. 440, 441. * Carte's Letters, vol. i., p. 26. t Dr. Marshall, iu his funeral sermon, 1644. 230 BRITISH STATESMEN. of his health, professing to myself that it was to him a most indifferent thing to live or die : if he lived, he would do what service he could ; if he died, he should go to that God whom he had served, and who would carry on his work by some others ; and to others he said, that if his life and death were put into a balance, he would not willingly cast in one dram to turn the balance either way. This was his temper all the time of his sickness." The same in- teresting memorial tells us that " such of his family or friends who endeavoured to be near him (lest he should faint away in his weak- ness), have overheard him importunately pray for the king's majesty and his posterity, for the Parliament and the public cause, for him- self begging nothing. And a little before his end, having recovered out of a swound, seeing his friends weeping around him, he cheerfully told them ' he had looked death in the face, and knew, and therefore feared not, the worst it could do, assuring them that his heart was filled with more comfort and joy which he felt from God than his tongue was able to utter ;' and (whilst a reverend minister was at prayer with him) he quietly slept with his God." After reading this calm and affecting account of the last mo- ments of this immortal advocate of civil and religious freedom, no one will feel disposed to deny the justness of that prophecy in which the good and amiable Baxter has indulged in translating Pym into heaven : " Surely" (I quote from the " Saint's Everlasting Rest" of that good man), " surely Pym is now a mem- ber of a more knowing, unerring, well-ordered, right-aiming, self-denying, unanimous, honour- able, triumphant senate than that from whence he was taken !" On the news of Pym's death,* say the au- thors of the Parliamentary History, " the House of Commons showed a respect to his memory that is without precedent in the whole course of these inquiries ; for we find in the journals ' that a committee there named was appointed to consider of the estate of Mr. Pym, deceased, and to offer what they think fit to be done in consideration of it to the House ; likewise to take care to prepare a monument for him at the charge of the Commonwealth.' It was also ordered ' that the body of Mr. Pym be interred in Westminster Abbey, without any charge for breaking open the ground there ; and that the speaker, with the whole House, do accompany his body to the interment.' "t * Welcome news, of course, at Oxford. I extract from The Kingdome's Weekly Post, " with his packet of letters publishing his message to the city and country." "It is everywhere remarkably observed concerning the taking of Alton (the particulars whereof are suffy commund to the kingdome alreadie, our Post not using to relate what hath beene printed before), that the very same day there was a great feast at Oxford ; and great preparations made- for bonejires that night, which was done accordingly. The rea- son was, for that they heard that Master Pirn was dead; and it was observed that many Cavaliers at Oxford drank that day the confusion of the Roundheads, and particularly Sir William Waller." t Parl. Hist., vol. xii., p. 462. From the " Kingdom's Weekly Intelligencer" 1 take the following : " The Parlia- ment so highly honours the memorie of Master Pym, that they have ordered a monument to bee erected in the Abbey at Westminster, where hee is to bee interred ; and the House of Commons have appointed themselves to accompa- nie the corpse to the grave, so highly doe they value and esteeme the merits and deservings of so goode, so excellent a patriot and Commonwealth's man. They have also taken On the 15th of December, what remained of the great patriot " was buried," says Claren- don,* " with wonderful pomp and magnificence, in that place where the bones of our English kings and princes are committed to their rest." The body, followed by Charles and Alexander Pym, was carried from Derby House to West- minster Abbey on the shoulders of the ten chief gentlemen of the House of Commons, in the deepest mourning : Denzil Hollis, Sir Ar- thur Hazlerig, Sir Henry Vane the younger, Oli- ver Saint John, Strode, Sir Gilbert Gerard, Sir John Clotworthy, Sir Nevil Poole, Sir John Wray, and Mr. Knightley ; " and was accom- panied" (says the authority I quote, the Per- fect Diurnall' of the following week) " by both houses of Lords and Commons in Parliament, all in mourning, by the Assembly of Divines, by many other gentlemen of quality, and with two heralds of armes before the corpse bearing his crest. His funeral sermon was made by Mr. Marshall, who tooke his text out of the 7th of Micah, part of the first and second verses, in these words : ' Wo is me, for the good man hath perished out of the earth.' " A few extracts from this noble and affecting sermon may fitly close this attempt to do tardy justice to the life and memory of Pym.t order, in regard Master Pym hath not onely spent his life in the service of the kingdome, but lost his estate, that a speciall care bee taken for a subsistence for his sons, who are likewise in the service of the Parliament and kingdome ; it being a thing very considerable and remarkable, that the father's care was so totally taken up for the goode of the publike, that hee even neglected a necessarie care to pro- vide for his children." * I may here subjoin one or two points from this writer's character of Pym. The main part of it has already been noticed in these pages. " No man had more to answer for the miseries of the kingdom, or had his hand or head deep- er in their contrivance. And yet, I believe, they grew much higher, even in his life, than he designed. . . Besides the exact knowledge of the forms and orders of Parliament, which few men had, he had a very comely and grave way of expressing himself, with great volubility of words, natu- ral and proper ; and understood the temper and affections of the kingdom as well as any man ; and had observed the errors and mistakes in government ; and knew well how to make them appear greater than they were. . . He seemed to all men to have the greatest influence upon the House of Commons of any man ; and, in truth, I think he was the most popular man, and the most able to do hurt, that hath lived in any time." t A volume might be rilled with the various characters of the patriot with which the various publications now, and for many weeks after, teemed. I will only quote, as a spe- cimen, an "Elegie" which appeared "in deep mourning" in. the Mercurius Britannicus. " No immature nor sullen fate Did his immortal soule translate ; Hee passed gravely hence, even Kept his old pace, from earth to heaven ! Hee had a soule did alwayes stand Open for businesse, like his hande. Hee took in so much, I could call Him more than individual! ; And so much businesse waited by, Would scarcely give him leave to die. Hee knew the bounds, and every thing Betwixt the people and the king ; Hee could the just proportions draw Betwixt prerogative and law ; Hee lived a patriot here so late, Hee knew each syllable of state, That had our charters all beene gone, In him we had them every one. Hee durst bee goode, and at that time When innocence was half a crime. Hee had seene death before hee went, Once had it as a token sent ; Hee surfeited on state affaires, Di'd on a pleurisie of caires ; Nor doth hee nowe his mourners lacke, We have few soules but goe in blacke, JOHN PYM. 231 " Our Parliament is weakened," said this eloquent and earnest preacher, " our armies wasted, our treasure exhausted, our enemies increased ; and of those few able hearts, heades, and handes who abode faithfull to this great cause and worke in hande, it might even stab us to the very heart to thinke how many of them the Lord hath even snatcht away, in the middest of their worke, and our greatest neede ! That excellent-spirited lord, the Lord Brooke ; that rare man, Master John Hampden ; that true-hearted Nathaniel, Master Arthur Good- win (pardon me, I beseeche you, though I men- tion them amongst these friends, who cannot thinke of them without bitternesse) ' How are these mighty men fallen in the middest of the battell, and the weapons of warre per- ished ! the beautie of our Israel is slaine in the high places !' . . . And nowe we meete to la- ment the fall of this choice and excellent man, in whose death the Almightie testifies against us, and even fills us with gall and worm- woode. I knowe you come hither to mourne ; so fully prepared for it, that although I am but a dull oratour to move passion, I may serve well enough to drawe out those teares wherewith your hearts and eyes are so big and full. There is no neede to call for the ' mourning women, that they may come, and for cunning women, that they may take up a wailing, to helpe your eyes to runne downe with teares, and your eyelids to gush out with waters ;' the very looking downe upon this beere, and the naming of the man whose corpes are here placed, and a very little speech of his worth, and our miserable losse, is enough to make this assembly, like Rachel, not onely to lift up a voice of mourning, but even to refuse to bee comforted. ... I am called to speake of a man so eminent and excellent, so wise and gra- cious, so goode and usefull, whose workes so praise him in every gate, that if I should alto- gether holde my tongue, the children and babes (I had almost said, the stones) would speake : upon whose herse could I scatter the sweetest flowers, the highest expressions of rhetorike and eloquence, you would thinke I fell short of his worth ; you would say, this very name, JOHN PYM, expresseth more than all my words could doe. Should I say of him, as they of Titus, that hee was ' amor et deliciae generis humani ;' should I say of his death, as once the Sicilians upon the Grecians' departure, 'Totum ver periit ex anno Siciliano ;' should I say hee was not onely as one of David's thirtie worthies, but one of the three, one of the first three, even the first and chiefe of them, the Tachmonite who sate in the seat ; should I say our whole lande groan- eth at his death, as the earth at the fall of a great mountaine, I might doe it without envie in this assembly." " I shall forbeare," Doctor Marshall contin- ued, " to speake any thing of his family, educa- And for his sake have nowe put on A solemne meditation. Teares are too narrow dropps for him, And private sighes too strait for Pym ; None can compleatcly Pym lament, But something like, a Parliament ! The publike sorrow of a state Is but a grief e commensurate. We must enacted passions have, Jind laweifor weeping at hit grave." tion, naturall endowments ; his cleare under- standing, quick apprehension, singular dexteri- tie in dispatch of businesse ; his other morall eminences, in his justice, patience, temperance, sobrietie, chastitie, liberalitie, hospitalitie ; his extreame humanitie, affabilitie, curtesie, chear- fulnesse of spirit in every condition ; and (as a just reward and sweet just fruit of all these) the high and deare esteeme and respect which hee had purchased in the hearts of all men of every ranke who were acquainted with him, such onely excepted of whom to bee loved and well reported is scarce compatible with true vertue. All men who knew him either lov'd or hated him in extremitie : such as were goode, extreamely delighted in him, as taken in a sweet captivitie with his matchlesse worth ; the bad as much hated him, out of their antip- athy against it His excellent, usefull spirit was accompanied with three admirable properties, wherein hee excelled all that ever I knew, and most that ever I read of. First, such singlenesse of heart, that no by-respect could any whit sway him ; no respect of any friend : hee regarded them in their due place, but hee knew neither brother, kinsman, nor friend, superiour nor inferiour, when they stood in the way to hinder his pursuit of the publike goode 'magis arnica respublica ;' and hee used to say, ' Such a one is my entire friend, to whom I am much obliged ; but I must not pay my private debts out of the publike stock.' Yea, no self-respect, no private ends of his owne or family, were in any degree regarded, but himselfe and his were wholly swallowed up in the care of the publike safetie ; insomuch that when friends have often put him in mind of his family and posteritie, and prest him, that although hee regarded not himselfe, yet hee ought to provide that it might bee well with his family (a thing which they thought hee might easily procure), his ordinary answer was, ' If it went well with the publike, his family was well enough.' Secondly, such constancy and reso- lution, that no feare of danger or hope of re- ward could at any time so much as unsettle him. How often was his life in danger ? What a world of threats and menaces have beene sent him from time to time 1 Yet I challenge the man that ever saw him shaken by any of them, or thereby diverted from, or retarded in, his right way of advancing the publike goode. Nor could the offers of the greatest promotions (which England could afford) in any way bee a block in his way : in that hee was as another Moses (th 1 only man whom God went about to bribe), who desired that hee and his might nev- er swim, if the cause of God and his people did ever sinke ; his spirit was not so low as to let the whole world prevaile with him so farre as to hinder his worke, much lesse to bee his wa- ges. Thirdly, such unweariablenesse, that from three of the clock in the morning to the even- ing, and from evening to midnight, this was his constant employment (except onely the time of his drawing nigh to God), to bee some way or other helpfull towards the publike goode, burning out his candle to give light to others. Who knowes not all this to bee true who knew this man's conversation 1 Not onely since the time of this Parliament, but for many yeares together, hath hee beene a great pillar to up- 232 BRITISH STATESMEN. hold our sinking frame ; a master workman, labouring to repaire our ruinous House ; and un- der the weight of this worke hath the Lord per- mitted this rare workman to bee overthrown." Allusion was now made to one of the Roy- alist fabrications* which had assailed the great statesman's memory, and which is worth ex- tracting, since it remains treasured up in the pages of Clarendon : " It may bee some of you expect I should confute the calumnies and re- proaches which that generation of men who envyed his life doe alreadie begin to spread and set up in libells concerning his death, as that hee died raving, crying out against that cause wherein hee had beene so great an in- strument ; charging him to dye of that loathe- some disease which that accursed Balsack, in his booke of slanders against Mr. Calvin, charged him to dye of. But I forbeare to spend time needlessly, to wipe off those reproaches which I knowe none of you believe. And this will satisfy the world against such slanders, that no lesse than eight doctors of physike of unsuspected integritie, and some of them stran- gers to him (if not of different religion from him), purposely requested to bee present at the opening of his body ; and well neare a thou- sand people, first and last, who came, many of them out of curiositie, and were freely permit- ted to see his corpse, can and doe abundantly testify the falshoode and foulnesse of this re- port." " Verily," concluded this fearless and virtu- ous divine, " when I consider how God hath followed us with breach upon breach, taken away all those worthy men I before mentioned, and all the other things wherein the Lord hath brought us low ; and nowe this great blow, to follow all the rest, I am readie to call for such a mourning as that of Hadadrimon in the Val- ley of Megiddon. But mistake me not ! I doe not meane that you should mourne for him, you his deare children ; you right honourable Lords and Commons, who esteeme him little lesse than a father; I meane not that you should mourne for him ! his worke is done, his warfare is accomplished ; hee is delivered from sin and sorrow, and from all the evills which we may feare are coming upon our selves : hee hath received at the Lord's hande a plentifull reward for all his labours. I be- seeche you, let not any of you have one sad thought touching him. Nor would I have you mourne out of any such apprehension as the enemies have, and for which they rejoice, as if our cause were not goode, or wee should lose it for want of handes and heades to carry it on : No, NO, BELOVED, THIS CAUSE MUST PROS- IPER ; AND ALTHOUGH WEE WERE ALL DEAD, OUR ARMIES OVERTHROWN, AND EVEN OUR PARLIA- MENTS DISSOLVED, THIS CAUSE MUST PREVAILE." Alexander Pym died some short time after his father, but Charles survived him many years ; and on the Restoration, though he had * See Clarendon, vol. iv., p. 436. An official statement, signed by the famous Sir Theodore Mayerne, subsequently appeared, and will be found in Appendix F. Whitelocke says, after a singular mistake as to the date of the death, " it was believed that the multitude of his business and cares did so break his spirit and health that it brought his death." continued in the ranks of the Parliamentarian army, was created a baronet. It may be add- ed, that, on an investigation by the committee of the House of Commons appointed to inquire into the patriot's estate, it was found neces- sary not only to vote 10,000 for the settle- ment of the debts it was discovered to be in- volved in, but also to pension this son, Charles, upon the Parliament. No precedent existed for such votes as these, but the House justly decided that so specially eminent a case was not likely to have occurred before. In these proceedings, at least, the lie was peremptorily given to those slanders on the patriot's public virtue, which had represented him, some years before his death, privately amassing the public money for his own peculiar ends. Since the early sheets of this memoir went to press, some information respecting the fam- ily and estate of the Pyms has been kindly com- municated to me by a gentleman who was re- cently connected with their native county of Somersetshire, and whose interest in the sub- ject of these researches is another testimony to his distinguished zeal in the public cause. Mr. Leader tells me that the estate of the Pyms must originally have been very extensive, but that, of the old mansion house, a large porch, with a pointed G&thic doorway and Gothic pin- nacles, is all that remains to attest its splen- dour or picturesqueness. In addition to their estate of Brymore, which the family held, in direct issue, from the reign of Henry III. to that of Charles II., my informant acquaints me, on the authority of the present owner of Bry- more (the Hon. Mr. Bouverie, Lord Radnor's brother), that they held also the estate of Wool- lavington in the same county, which is still oc- casionally called " Woollavington Pym." From a patent of baronetcy now in Mr. Bouverie's possession, it would appear, moreover, that Charles Pym's dignity was first conferred upon him in 1658 by Richard Cromwell, immediate- ly upon the death of Oliver, and received sub- sequent confirmation from Charles II. The following detailed account of the family of the Pyms is kindly furnished to me by Mr. Leader, from Collinson's History of Somerset- shire, under the title of the " Hundred of Can- nington :" " On the west side of this parish is an an- cient estate called Brymore, formerly part of the lordship of Radway above mentioned, and held from thence by the service of the tenth part of a knight's fee. Geffrey de Bramora held it in the beginning of the reign of Henry III. ; soon after which it was possessed by Odo, son of Durand de Derleigh, who conveyed the same to William Fitchet, and he to Elias Pym. "This Elias Pym was father of several chil- dren, William, John, and Roger, his eldest son and heir, who possessed this estate 27 Ed- ward I. " The eldest son and successor of this Roger was of his own name, and bore on his seal a saltire between four quatre foils He died 23 Edward III., and was succeeded by Elias his brother ; after whose death, without children, the inheritance devolved to Philip the third son, who, 50 Edward III., being then parson of Kentisbury t in Devonshire, conveyed all his JOHN PYM. 233 right herein to Philip Pym, son of Henry his brother, and to the heirs of the said Philip. " Philip Pym was dead before 1 Henry IV. He had two sons by his first wife Emmota, daughter and coheir of Alexander de Camelis, whose names were Roger and William ; by his second wife he had also a son called Elias, to whom he gave several estates in Dulverton and Brumpton-Regis. " Roger Pym, the eldest son, married Joan, daughter and coheir of John- Trivet, of Sidbury in Devonshire, a younger branch of the family of Trivet of Durborough. This Roger was pos- sessed of Brymore from the 1st year of Henry IV. to 13 Henry VI., in which last year he was succeeded by Philip, his eldest son. The coat of this Philip was.a bull's head within a wreath. He was living 16 Edward IV., and had two sons, Roger, his successor, and Philip. Roger Pym married Joan, daughter and heir of John Gilbert, of Woollavington, by Alianor, daughter and coheir of William Doddisham. He was living the last year of Edward IV., at which time he made over all his estate lying at Go Brymore, Woollavington, and other places, to his son Alexander ; " Which Alexander married Thomasine, daughter of William Stainings, Esq., and died 8 Henry VII. He was succeeded by Reginald Pym, his eldest son, who, by Mary, daughter of Thomas Dabridgecourt, was father of Eras- mus Pym, and grandfather of the famous John Pym, Esq., member for the borough of Tavis- tock. "This John, by Anna, daughter of John Hooker, Esq., was father of several children ; the eldest of whom, Charles, was, on the Res- toration, made a baronet, and was succeeded in his honour and estates by a son of his own name ; who dying without issue, the estate fell to his sister Mary, the wife of Sir Thomas Hales, Bart., progenitor of the present Sir Phil- ip Hales, Bart." This was at the close of the last century. Since that period the estate of Brymore has passed, by will, from Miss Hales, the last de- scendant of the Pyms, to Mr. Bouverie, its pres- ent possessor. APPENDIX TO THE LIFE OF JOHN PYM. A. A THscovery of the great Plot for the utter Ruine of the Citie of London and the Parliament, as it was at large made knowne by John Pym, Esq., on Thursday, being the 8th of June, 1643, at a Common Hall, and afterward cor- rected by his owne Hande for the Presse. JOHN PYM, ESQ., HIS SPEECH. MY LORD-MAJOR, and you, worthy citizens of this famous and magnificent citie, We are sent hither to you from the House of Commons, to make knowne to you the discovery of a great and a mischievous designe, tending not onely to the ruine and destruction of the citie and of the kingdome, but which, in those ruines, would likewise have buried religion and liberiie. I might call it a strange designe, though in these late times designes of this kiude have beene very fre- quent, because it exceedes others in divers considerable cir- cumstances of it in the malice of the intention, in the sub- tletie of contrivance, in extente of mischiefe, and nearnesse of execution ; all which arose from the wickednesse of the authors. Two others may bee added, that is, the clearnesse of the discovery and proofe, and the greatnesse of the deliv- erance proceeding from the great mercies of God. 1 shall, in the opening of this designe, take this course for my owne memory and yours. Observe, first, what was in their ayms. Secondly, the yarietie of preparations. Thirdly, the degrees of proceed- ing. Fourthly, the maturitie and readinesse for execution. The Parliament, the citie, and the army seeme to bee the three vitall parts of this kingdome, wherein not onely the well-being, but the very life and being of it doth consist : this mischiefe would have seized upon all these at once. The citie should have beene put into such a combustion as to have your swordes imbrued in one another's blood ; the Parliament should have beene corrupted and betrayed by their owne members ; the army destroyed, if not by force, yet for want of supply and maintenance, that so they might have had an open and a clearer way to the rest, which they had in proposition, especially to that maine and supreame end, the extirpation of religion. I shall tell you, first, out of what principles this did rise. It was from the ashes of another designe that failed that mutinous petition which was contrived in this citie. The actors of that petition being therein disappointed, they fell presently into consultation how they might compasse their former end in another way, that is, under pretence of se- curing themselves by force against the ordinances of Par- liament. Thus, under pretence of procuring peacs, they would have made themselves masters of the citie, yea, of the whole kingdome, and they would have ruined and de- stroyed all those that should have interrupted them in their mischievous intentions. The first step in their preparation was to appointe a com- mittee that might often meete together, and consult how they might compasse this wicked end. Their next was, that they might inable that committee with intelligence from both the armies, as well those on the king's side (as they call themselves, tho' we bee of the king's side indeed) as those that are raised by the Parliament ; especially they were carefull to understand the proceedings of Parliament, that so by the advantage of this intelligence they might the better effect that which they had in project, and finde the readiest and the nearest wayes to it. After they had thus provided for intelligence, how they might procure power and countenance to this action by some appearing authoritie of his majestie was next considered ; for which purpose, they projected to get a commission from the king, whereby many of themselves, and of those that were of their owne consort, should bee established a councell of warre in Lon- don and parts adjacent, with power to raise forces, make provisions of ammunition, and of other kinde of armes, and to give authoritie for the leading and conducting of those forces, and to raise money for the maintenance of them, and, as it is express'd in the commission, for the destruction of the army under the command of Robert E. of Essex, rais- ed by authoritie from the two houses of Parliament. Having layd these grounds, I shall, in the next place, dis- cover to you those that should have beene actors and agents in this businesse, their several! qualifications and relations. The first sort was some members of the citie, whereof there were divers (you shall heare the names out of the proofe) ; and the next was (in their pretence, as they gave LUC 1111.11 auu loab uuuaisieu uui ill um; mall, lilac we yet UlS- cover, and that was the Lord of Falkland, that kept corre- spondency with them from the courte. These were to bee the actors in this mischievous designe. e acors n s mscevous esgne. They began then to thinke upon some other courses of very great advantage to themselves. And for this purpose there was devis'd a protestation of secresy, whereby, as they were Christians, they did binde themselves to keepe one another's counsell, not to reveall that which they had knowledge of, or which they were trusted with. And the second was a warinesse in discover- came ee by acquainte above two in this businesse ; that so, if it to examination, it should never goe further than three by the same partie that discovered it ; and then those two had the like power, that any one of them might discover it to two others, that so still it might bee confined within the number of three ; then there was a speciall obligation (as was pretended by Mr. Waller), which hee had made to those that hee said were members of both houses of Parliament, and consenting to this plot ; but that is yet but a pretence suotiiiie to irrnace men s minues against tne rarliament. They found out those that thought themselves most heavily burdened with the taxes ; they did cherish all that had any urbs and places adjoyning in every parish, to observe th uius auu places aujuyiiing 111 every parmn, 10 ooserve mo that were for them, whom they called right men, and others that were against them, whom they called averse men ; and then a third sort, whom they called neutralls and indifferent men ; and they appointed severall persons that were trusted with this survey and enquiry to fiude out these severall de- grees and sorts in every parish. Thus farre this designe seemes to bee but a worke of the brain to consist onely in invention and subtiltie of de- signe ; but the other steps and degrees which I shall nowe observe to you will make it to bee a worke of the hande, to bring it somewhat nearer to execution. The first step that came into action and execution was, that they procur'd this commission which they had before designed, and indeavour'd to obtaine. Nowe they had ob- tained a commission (as I told you before) to establish cer- taine men, seventeen in number ; their names are there ex- pressed, and you shall heare them read to you. They were to bee a councell of warre here within the citie. These seventeen men had power to name others to themselves to the number of twenty-one, and both were to bee inabled to appointe, not onely colonells and captaines, and other infe- riour officers of an army, but to appointe and nominate a generall ; they had power to raise men, to raise armes, am- munition, and to doe all those other things that I told you before; and to lay taxes and impositions to raise money; and to execute martiall law. When they had gone thus farre, in the next place they did obtaine a warrant from the king, and this was to Mr. JOHN PYM. Challoner, that hee might receive money and plate of all those that, either by voluntary contribution or loan, would furnish the king (a* they called it) in this necessitie of his ; and thereby the king was obliged to the repayment of it. This was obtained. By this cometh in the list, and what was before part of the designe Cometh nowe into act. The citizens that were trusted with framing of this list brought it in, except in some few parishes, under those heades of discovery that I formerly told you of; that is, in every parish, who were right, and who were indifferent and neutral!, and who were averse; and those were brought to Mr. Waller's house ; and after they had delivered that list, the citizens then declared themselves that nowe they had done their part ; they had discovered to them a foundation of strength, they did expect from them a foundation of countenance and authoritie, namely, from both houses of Parliament ; and they did de- clare that they would proceed no further till they knew the names of those members of both houses that should joyn with them, and should undertake to countenance this busi- nesse. Mr. Waller made this answer : That hee did assure them that they should have members of both Houses, both lords and commons, to joyn with them ; that hee himselfe was but their mouth ; that hee spoke not his owne wordes, but their wordes ; that hee was but their agent, and did their worke ; that they should have of the ablest, of the best, and of the greatest lords, and the greatest number nay, that they should pick and chuse ; that they could not wish for a lord whom hee doubted not but to procure them : this was the vanitie of his boasting to them to drawe them on, and to incourage them in this plot. This being done nowe, and propounded by the citizens on their part, so Mr. Waller propounded from the lords divers quaeries, questions which had beene framed (as he said) by the lords and com- mons, and in their name hee did present Ihem, that were for the removall of difficulties, of some obstructions that might hinder this worke. Those quseries were delivered upon Friday was se'eunight to some of the citizens, and upon the Saturday morning (that was Saturday se'unnight) they were returned back againe with answers. I shall now relate to you both the quaeries, and the an- swers that were returned by those of the citie. The first quaerie was, What number of men there were armed ? The answer was, That there were a third part well armed, and a third part with halberts, and another third part with what they could get, with that that came to hande. The second quaerie was, In what places the magazines were laide ? The answer to that was, At Alderman Fowks's house, at Leaden Hall, and at Guild Hall. The third quasrie was, Where the rendezvouz should bee ? The answer was, At all the gates, at the places of the mag- azines, in Cheapside, in the Exchange, and at what other places the lords should thinke fit. The fourth quaerie was, Where the place of retreat, if there should bee occasion ? The answer was, That they had Banstead Downs, they had Blackheath in proposition, but they did referre the conclusion of the place to the lords. The fifth was, What colours there should bee 7 To this it was answered, That at every rendezvouz there should bee colours. A sixth consideration was, By what markes and tokens they should bee distinguished from others, and knowe their friends from their enemies ? To that it was answered, That they should have white ribands or white tape. Then, in the seventh place, it was asked, What strength there was within the walls, and what strength without the walls ? To that it was answered, That within the walls there was, for one with them, three against them ; but with- out the walls, for one against them there was five for them. The eighth was, What was to bee done with the Tower? The answer was, That they could conclude nothing in that pointe. The ninth was, Where the chiefe commanders dwelt? To that they made this answer : That every parish could tell what new commanders and captaines they had, and who of the militia dwelt in it. The tenth and the last was, What time this should bee put in execution ? To that the answer was, That the time was wholly left to the lords. After these quaeries thus propounded and answered, Mas- ter Waller told them that hee would acquainte the lords with those answers that hee had received from them to their quaeries, and wished them not to bee troubled, though the lords did not yet declare themselves, for they could doe them as goode service in the House. Being proceeded thus farre, they came then to some prop- ositions which should bee put in execution, and they were these : First, that they would take into their custodie the king's children that were here. The second was, that they would lay hold of all those persons that they thought should bee able lo stand in their way, ur to give them any impediment, or at least of some considerable number of them. It is un- like that all were named ; bnt ome were named. Of the Lord's House there was named my Lord Say and my Lord Wharton, and besides, my lord-major, whom they took into their consideration, as the heade of the citie. There was named of the House of Commons Sir Philip Stapleton, Mas- ter Hampden, Master Strode, and they did me the honour and the favour to name me too. When they had taken into consideration the surprizall of these members of both Houses, they did further take into their further resolution, that with my lord-major should have beene seized all your committee of militia ; they would not spare one of them. They intended further, that they would release all prisoners that had beeue committed by the Par- liament, that they would seize upon the magazines, and that they would make a declaration to satisfy the people. There are no designes, bee they never so ill, but they doe put on a maske of some goode ; for betwixt that that is ab- solutely and apparently ill, there it no congruitie with the will of man, and therefore the worst of evills are undertaken under a shadow and a shew of goodnesse. Thus declarations must bee set out, to make the people beleeve that they stood up for the preservation of religion ; for the preservation of the king's prerogative, of the liberties of the subject, of the priviledges of Parliament ; and of these one thousand were to bee printed ; they were to bee set upon postes and gates in the most considerable and open places : and they were to bee dispersed as much as they could thorow the citie against the time it should bee put in execution. This was done upon Saturday last was se'eunight, in the morning. Then, in the next place, they thought fit to give intelli- gence to the courte of what proceedings they had made here, and thereupon Master Hazel hee was sent to Oxford that very Saturday in the afternoon from Master Waller's house. There were two messages sent by him, for this maine designe they would not trust in writing. The first message was from Master Waller : it was, that hee should tell my Lord of Falkland that hee would give him a more full notice of the great businesse very speedily ; the other message from Master Tomkins, and that was, that the de- signe was nowe come to goode maturitie ; that they had so- strong a partie in the citie, that, though it were discovered, yet they would bee able to put it in execution. They prom- ised also to give notice to the king of the very day, and, if it were possible, of the very hour, wherein this should bee put in execution ; and then they did desire, that when they had seized upon the outworkes, that there might some par- tie of the king's army come up within fifteen miles of the citie, who, upon knowledge of their proceedings, must bee admitted into the citie. These were the foure pointes upon which the message did consist, which was sent from Mas- ter Tomkins to my Lord of Falkland by Master Hazel. To both these messages my Lord of Falkland returned an an- swer by word of mouth. They kept themselves so closely that they durst not venture to write ; but hee bid the mes- senger lo tell Master Waller, Master Tomkins, and Master Hampden (a gentleman that was sent up with a message from the king, and remained here in towne to agitate this businesse, and made that use of his being here in lowne) that hee could not well write, but did excuse himselfe, but pray- ed them that they would use all possible haste in the maine businesse. Master Waller, having plotted it and brought it on thus farre, nowe began to thinke of putting it further ; and the Tuesday following this Saturday, which was Tuesday was se'ennight, in the evening, after hee came home to his lodg- ings, Master Tomkins and hee being together, hee told Mas- ter Tomkins that the very next morning, that was Wednes- day, the fast day, hee should goe to my Lord of Holland and acquainte him with this plot, discover so much to him as hee thought fit, that hee himselfe would goe to some other lords, and doe the like. This was the Tuesday night, in which conference they had put on that confidence in expec- tation of successe in this plot, that Master Waller broke out with a great oathe, to affirme, that if they did carry this throughout, then we will have any thing. This hee spake to Master Tomkins with a very great deall of earnestnesse and assurance. So farre they went on in hope and expec- tation ; but here they were cut short. That very night there were warrants issued (upon some discoveries that were made of this plot) to the lord-major and to the sheriffes here, which they did execute with so much diligence and care of the goode of the citie, that the next morning, when Master Tomkins and Master Waller should have gone about their businesse, they were apprehended, and the rest of the citizens, divers of them ; but some escaped. Thus farre I have discovered to you the materials and the lineaments of this michievous designe ; you shall nowe hee pleased to heare the proofes and the confessions out of whicn this narration doth arise, and that will make all this goode to you that I have said ; and after those are read, I shall then tell you what hath beene done since in the House of Commons, somewhat in the House of Lords, and what else is in proposition to bee offered to you from the House of Commons ; but I shall desire you first that you may bee BRITISH STATESMEN. fully convinced of the great goodnesse of God in discovery of this plot, and the truth of these things that 1 have spo- ken to you, that you will heare the evidence of the proofes, and then we shall goe on to those other things which we have in charge. The proofes having beene read, Mr. Pym proceeded thus : Gentlemen, we have held you long ; you are nowe almost come to the end of your trouble. I am to deliver to .you some short observations upon the whole matter, and then to acquainte you with the resolutions thereupon, taken in the House of Commons ; and to conclude with a few desires from them to you. The observations are these : First, I am to observe to you the contrarietie betwixt the pretences with which this de- signe hath beene mark'd and the truth. One of the pre- tences was peace ; the truth was blood and violence. An- other of the pretences was the preserving of proprietie ; the truth was the introducing of tyranny and slavery, which leaves no man master of any thing hee hath. A second observation is this : The unnaturall way by which they meant to compasse this wicked designe : that was to destroy the Parliament by the members of Parliament, and then, by the carcasse and shadow of a Parliament, to destroy the kingdome. What is a Parliament but a carcasse when the freedome of it is suppressed ? when those shall bee taken away by violence that can or will oppose, and stand in the way of their intentions ? The high courte of Parliament is the most certaine and constant guardian of libertie ; but if it bee deprived of its owne libertie, it is left without life or power to keepe the libertie of others. If they should bring a Parliament to bee subject to the king's pleasure, to bee correspondent (as they call it) to his will, in the middest of such evill counsells which nowe are predominant, there would little or no cure bee left ; but all things that are most mischievous would then seeme to bee done by law and au- thoritie. The third observation is this : With what an evill con- science these men undertooke this worke. They that pre- tended to take armes to defend their owne proprietie, obtain- ' ed a commission to violate the proprietie of others ; they would take the assertion of the lawes of the lande, but as- sumed to them such a power as was most contrary to that law to seize upon their persons without due processe, to impose upon their estates without consent, to take away some lives by the law martiall ; and besides all this, with- out any commission they intended to alter the government of the citie, which is nowe governed by your owne councell, and by a magistrate chosen by yourselves then to bee gov- erned by violence. The fourth observation is this : That the mischievous ef- fect of this designe would not have ceased in the first night's worke. All the godly part in the kingdome, all faithfull ministers especially, would have beene left not onely to the scorn and reproach, but to the hatred, malice, and crueltie of the Papists and malignants. The fifth and last observation I shall make to you is this : That this matter was prosecuted in part, and agitated and promoted by those that were sent from the king, and seem- ed to bee messengers of peace ; and while we should bee amazed with pretences of gracious messages to propose peace, this villanous project, which should have set you all in blood, was promoted by those messengers, and should nave beene put in execution very shortly after. This is all I shall trouble you with by way of observation. The matters resolved on in the House of Commons are these things : First, that there bee publike thanksgiving to God, both in the citie and throughout the kingdome, for this great deliverance ; that a neare day bee appointed for the citie, the Parliament, and the parts adjacent, and a convenient day for other parts of the kingdome. The next thing resolved on was, that the House of Peeres, they should bee made acquainted with these proofes, and with all this discovery, which hath beene done accordingly. It was likewise resolved that there should bee a covenant made, whereby we should both testify our detestation of this mis- chievous plot, and joyne ourselves more closely in the main- tenance of the common interest of the Church and Common- wealth, in religion and libertie, which are still in great danger, and would have beene utterly subverted if this proj- ect had taken effect. It was resolved, in the fourth place, which is nowe partly executed, that this should bee commu- nicated to you of the citie, that so, as you have a great part in the blessing, you may doe your part in the dutie of thank- fulnesse, together with us. It is further resolved, that it shall bee communicated to the armie, that they likewise take notice of this great mercy of God, and joyne with us, both in the thanksgiving, and in the protestation and covenant, as we shall likewise desire you of the citie to doe. Then we are commanded to give thankes to my lord-ma- jor, to the sheriffes, and to the rest of the officers of the citie, for their great care in the apprehending of these per- sons, in guarding the peace and the quiet of the citie. We are likewise to give thankes to those gentlemen that have had the custody of these prisoners. We knowe it can- not but bee a trouble to them ; there was no meanes to keepe them safe from messages one to another, and from speeches, but by such a way of putting them in honest men's handes. The House of Commons have commanded us to give them special! thankes that they would undertake this care, and to assure them that they will see them fully rec- ompensed for all the trouble and charge they shall undergoe by it. And we are to give you thankes, which are the citizens of this citie, for your goode affections to the publike cause, and for your continuall bountie for the support of it. Thus farre we are enjoyned by the resolution of the House. Now we are further to intreate you to heare both the cove- nants : you shall thereby knowe to what we have bound ourselves, and to what we desire you should bee bound. There are two covenants, that is, one proper for the houses of Parliament, which hath beene taken in the House of Commons by all the members, by those gentlemen that are named in those examinations to have beene privy to this plot, which they all have disavowed ; and the other cove- nant is to bee taken by all the other part of the kingdome, by the citizens, by the armie, and the rest of the people gen- erally in all places. The draught of these two covenants we shall communi- cate to you ; the House of Lords, they have had them al- ready, and have taken them into consideration ; and we heare they doe resolve that which is appointed for them shall bee taken by the members of that House. We are further to desire you that you would bee service- able to the Divine providence, to God's great mercy to this citie and the whole kingdome. God doth not onely doe goode, but thereby gives assurance that hee will doe goode. His mercies, they are comforts for the present, they are pledges for the future ; but yet our care must not cease. We are to desire that you would keepe yourguardes, and look well to your citie, and that you would finde out these evill members that are among you, as neare as may bee, that so for the time to come this plot may bee prevented, as hitherto hath beene stopped ; for out of doubt all the malig- nity is not drawne out of them, though the present oppor- tunitie is hindered for the present of putting it in execution. I am to tell you further, that in desire to winne those that shall bee taken with remorse for this wicked designe and conspiracy, it is resolved, that if any man shall come in be- fore the 15th day of this present June, and freely confesse his fault, and what hee knowes of this conspiracy, that hee shall have a full, and free, and plenary pardon for the time to come, except those that are already or fled. I say, those that come in voluntarily shall bee pardoned. Your care and our care, they will bee all little enough ; we hope God's blessing will bee so upon them both, that you shall bee restored to a full peace, and that in the mean time you shall enjoy such a degree of safetie and prosperitie as may make way to it. B. Some Extracts from THE SENSE OF THE HOUSE, or the Opinion of some Lords and Commons concerning the Lon- doners' Petition for Peace. Oxford ; printed by the Uni- versity Printer, Leonard Lichfield. " Give ear, beloved Londoners Fie ! fie ! you shame us all ! Your rising up for peace will make The Close Committee fall. Wonder you should aske for that Which they must needs deny : Here's thirtie swears they'll have no peace, And bid me tell you why." A number of lords are then represented giving reasons against peace. Thus : " ' First, I'll no peace,' says Essex, ' For my chaplin says 'tis sinne, To lose a 100 a day Just when my wife lies inn; They cry, God bless your excellence ; But if I lose my place, They'll call me rebell, popular asse, And cuckold to my face.' " &c. &c. &c. Their lordships disposed of, the leading members of tho lower House follow with similar reasons : " ' My venum swels,' quoth Hollis, ' And that his majestic knowes ;' 'And I,' quoth Hampden, 'fetch the Scots, Whence all this mischiefe growes.' ' I am an asse,' quoth Hazlerigge, ' But yet I'me deepe i' th' plot ;' ' And 1,' quoth Stroud, ' can lye as fast As Master Pym can trott.' JOHN PYM. 237 'But I,' quoth Pym, 'your hackney am, And all your drudgery dne, Have made goode speeches for myselfe, And priviledges for you : I sit, and can lonke downe on men, Whilst others bleede and fight ; I eate their lordships' meate by day, And give it their wives by night.' ' Zounds,' said Henry Martin, ' We'l have no accommodation ; D'ye not knowe 'twas I that tore His majestie's proclamation ? In the House I spake high treason ; . I've sold both lande and lease ; Nay, I shall then have but three * * *, A pox upon this peace.' * * * ' Who talks of peace,' quoth Ludlow, ' Hath neither sense nor reason, For I ne'er spake i' th" House but once, And then I spoke high treason ; Your meaning was as bad as mine You must defend my speech, Or else you'll make my mouth as fam'd As was my father's * * *.' ' You see (beloved Londoners) Your peace is out of season, For which you have the sense of th* House And every member's reason. Oh, doe not stand for peace, then, For, trust me, if you doe, Each county of the kingdome will Rise up and doe so too." C. Certain Select Observations on the several Offices and Offi- cers in the Militia of England, with the Power of the Par- liament to raise the same as they shall judge expedient, tfC. Collected and found among the Papers of the late Sir. John Pym, a member of the House of Commons. Writ in the Year 1641. MS. WHEN kings were first ordained in this realm, the king- dom was divided into forty portions, and every one of those portions or counties was committed to some earl, to govern and defend it against the enemies of the realm. Mirror of Justice, p. 8. Those earls, after they received their government in each county, divided them into centurians or hundreds ; and in every hundred was appointed a centurian or constable, who had his portion and limits assigned him to keep and defend with the power of the hundred, and were to be ready, upon all alarms, with their arms, against the common enemy. These, in some places, are called wapentakes, which, in French, doth signify taking of arms. Mirror, p. 10. 12 Henry 8, folio 16, 17. King Alfred first ordained two Parliaments to be kept every year for the government of the people, where they were to receive laws and justice. Mirror, p. 10, 11. The Peers, in Parliament, were to judge of all wrongs done by the king to any of his subjects. Mirror, p. 9. The ancient manner of choosing and appointing of officers was by those over whom their jurisdiction extended. INSTANCES. 1. Tythingman : This man was, and at this day is, chosen by the men of his own tything, and by them presented to the lect, to be sworn for the true execution of his office. 8. Constable : This officer is chosen by the inhabitants, who are to be governed by him, and those of the place where his jurisdiction lieth, and presented unto the leet to be sworn. 3. Coroner: This officer hath jurisdiction within the whole county, and therefore was chosen by the freeholders of the county in the county court. Cook's Magna Charta, p. 174, 175, 559. 4. Such as had charge to punish such as were violators of Magna Charta : These were chosen in the county court, as appeareth by stat. 28 Ed. 1, c. 1, 17. 5. Sheriffs : were in time past, and by the common law, to be chosen likewise in the county court. Lamb. Saxon Laws, fo. 136, stat. 28 Ed. 1, c. 8, 13. Cook's Magna Charta, 175, 559. Mirror, p. 8. 6. Lieutenants of counties (anciently known by the name of Heretoch} were chosen in the county court (which Cook, upon Magna Charta, p. 69, calls the Folkmote). Lamb. Saxon Laws, folio 136. Mirror, p. 8, 11, 12. 7. Majors and bailiffs, in boroughs and towns corporate, are chosen by the commonalty of the same corporation within their jurisdiction. 8. Conservators of the peace were anciently chosen by the freeholders in the county court. Cook's Magna Chart*, 558, &c. 9. Knights for the Parliament are to be chosen in the county court, stat. 7 H. 4, cap. 15 ; 1 H. 5, cap. 1 ; 8 H. 6, cap. 7 ; 10 H. 6, cap. 2. 10. Verderers of the forest are chosen within their juris- diction by the inhabitants. Cook's Magna Charta, 559. 11. Admirals, being the sheriffs of the counties, as Sel- den, in his Mare Clausum, p. 169, 188, affirms, must be chosen as the sheriffs were, viz., in the county court. But the Parliament of R. 2, folio 29, saith they are chosen in the Parliament, the representative body of the realm, be- cause they had the defence of the realm by sea committed unto them. 12. The captain of Calais, viz., Richard, earl of War- wick, in the time of Henry 6, refused to give up his cap- tainship of Calais unto the king because he received it in Parliament. Cowel's Interpreter, in the word Parliament. 13. The Lord-chancellor, to whom is committed the great seal of England, being the publick faith of the kingdom, was in former times chosen in Parliament. Lamb. Archeion, p. 48. Dan. Chronicle, p. 139, 148, 195. 14. Lord-treasurer, an officer to whom is of trust com- mitted the treasure of the kingdom, was, in like manner, chosen in Parliament. 15. Chief-justice, an officer unto whom is committed the administration of the justice of the realm, was chosen in Par- liament. Lamb. Archeion, p. 48, ut supra. Anno 15 Ed. 3d. The king was petitioned in Parliament that the high officers of the kingdom might, as in former times, be chosen in Parliament. To which the king yield- ed, that they should be sworn in Parliament. Dan. Chron- icle, p. 195. Quaere the Parliament roll and petitions. And it appeareth by a printed statute, Anno 15 Ed. 3, cap. 3, that the great officers of the kingdom were sworn to maintain Magna Charta. 16. The great council of the king and kingdom, namely, the Parliament, is chosen by the Commons ; for they choose the knights and citizens, and burgesses, or barons, for so the citizens were anciently called ; and the cinque-ports re- tain that name to this day. And this was, as I conceive, the ancientest constitution of the kingdom for choosing of their officers. In the next place, it will be requisite to inquire which of these officers are now altered, and by what authority. And, first, of sheriffs. The choice of sheriffs was first taken from the freeholders by the statute of 9 Edward 2, and the choice of them committed to the lord-chancellor, treasurer, the barons of the Exchequer, and the justices of either bench. Cook's Magna Charta, p. 559. This election is to be made the morrow after All-Souls- Day, in the Exchequer, by statute 14 Edward 3, c. 7. Quaere 1. If they choose none at that day and place, but at some other time, whether the choice be good ? Or if he be chosen by any other ? Objection. The king himself doth usually make and ap- point sheriffs in every county by his prerogative. Solution. It hath been agreed by all the judges that the king cannot nppoint any other to be sheriff than such as are named and chosen according to the statute of Lincoln Cook's Magna Charta, p. 559. If so, then it is questionable whether the making of Mr. Hastings sheriff of Leicestershire be warrantable by law or not? Quaere 2. If no sheriff be legally chosen, whether the free- holders of the county shall not choose one, as they were accustomed before the making of the stat. of 9 Ed. 2, for these reasons : 1. If there be no sheriff legally chosen, there will be a failure of justice, which the law will not permit. 2. Because the statute is In the affirmative, and therefore doth not altogether take away their power of choosing, be- cause affirmative statutes do not alter the common law. Next, let us consider the choice of justices of the peace, who, as they are commissioners of the peace, are not officers by the common law ; and therefore this case will differ in some respects from the former, it being an office created by statute. 1. I conceive that no court may be erected without the authority of Parliament ; for the court of first-fruits was erected bj stat. 32 Henry 8, cap. 45 ; the court of wards by stat. 32 Hen. 8, cap. 46 ; the court of justice in Wales by stat. 34 H. 8, c. 6 ; and power to erect courts given 1. Mar. ses. 2, cap. 10. And it was resolved in this Parliament, at the trial of the Earl of Strafford, that the court at York was against law, albeit it hath had continuance these hundred years, because it was not erected by Parliament. And justices of the peace, being judges of record, were first ordained by statute, as appeareth by 18 Ed. 3, cap. 2, and 34 Ed. 3, cap. 1 ; with such other additions of power as later statutes have given unto them. Justices of the peace, then, having their being by virtue of the statute law, they are to be ordained in the same man- ner as the statutes prescribed, and not otherwise. 238 BRITISH STATESMEN. 1. After their first institution, the statutes did leave the choice of them indefinitely in the crown, as I conceive, un- til the statute of 12 R. 2, 27 ; which statute doth instruct the chancellor, treasurer, keeper of the privy seal, steward and chamberlain of the king's house, the clerk of the rolls, The justices of both benches, barons of the Exchequer, and others, to name and make them. 2. Other statutes do appoint what persons shall be chosen to be justices of the peace ; namely, such as reside in the Fame county where they are justices of peace, as stat. 12, R. 2, c. 10. And they must be of the most sufficient knights, esquires, and gentlemen of the same county, stat. 17, Rich. 2, 10 ; and dwelling in the same county, 2 H. 5, stat. 2, cap. 1 (except lords and justices of assizes). Upon this last statute, it may be doubted if choice may be made of any lords and justices of assizes which have no residence or es- tate in the county where they are so made justices of the peace ; which, if it doth, it doth repeal all former statutes which confine them to such persons as are of the same coun- ty, which I conceive is against their meaning, for that stat- ute doth only dispense with the residence of lords and jus- tices of assize, because men of the same county, inhabiting in the county where they are justices of peace, in regard of their other employments in the Commonwealth which ne- cessarily requireth therr absence, and so it amounteth only to a dispensation for their residency. Objection. The common practice is, that the lord-keeper doth appoint whom he pleases, and that by virtue of the statute of 18 Henry 6, cap. 1. Solution. True, such is the practice ; but the doubt is, how warrantable his act is ; for the statute of 18 II. 6 doth give the lord-chancellor (alone by himself) no other power but in case there be no men of sufficiency in the county, and where none of twenty pounds per annum are to be found ; for, in such case, he hath power to appoint such as he conceives are men most fit. But, in case there are men of sufficient estates in the county to be found, he must join with the others mentioned in the statute, viz., the treasurer, privy-seal, &c., who have a joint and undivided power with him. If this be so, then it may he douhted whether the Lord- viscount Falkland, being no peer of the realm, Sir Peter Miche, Sir Edward Nichols, of late put into the commission of the peace in many counties of this kingdom, are, by the law, capable of being justices of the peace in those counties where they do not reside. Et sic de similibus. Quaere, also, whether a justice of the peace, being once legally chosen according to the statute before mentioned, nv\y be put out at the pleasure of the lord-keeper alone, without any just cause alledged ; for, being a justice of rec- ord, whether some matter of record must not appear to dis- able him ? for, being settled by law, he is to be displaced by law, and not upon displeasure or surmise. 3. A third officer is the lieutenants in every county, in former times known (for the name only is out of use) by the name of heretoch, Lamb. Saxon Laws, fol. 136. And here will fall into debate the ordinance in Parliament about the settling of the militia of the kingdom. The choice of these, as was formerly mentioned, was by the freeholders in the county court ; but of later times they have exercised the same power, being appointed by the king, under the shadow of his prerogative. First, it is to be demanded whether the king's prerogative can take away that ancient right which the subjects had by law invested in them ? If so, then the king, by his prerog- ative, may do wrong, which is contrary to a maxim in law. Fnrtesque, de Legibus, &c., fol. 25. If not, then whether the power of choosing a lieutenant, or heretoch, doth not yet remain in the subject, so as they may now choose one as well and by the same rij>ht they did in former times ! If freeholders of a county may yet choose, then I conceive the Parliament, being the representative body of the whole kingdom, may appoint lieutenants ; because they include them, or, at least, they are not excluded from such a power, no more than where the statute, giving power unto justices of peace to inquire of a riot, doth exclude the power of the King's Bench, which no man will affirm. And therefore the ordinance of the militia is legal. That the Parliament hath power to make an ordinance may be proved a minori. For, If the inhabitants of a town, without any custom to en- able them, may make an ordinance or bye-law for the rep- aration of their church, highway, or bridge in decay, or any the like thing, being for their publick good, and upon a pe- cuniary pain in case of neglect, and if it be made by the greater part, that it shall bind all within the town, as hath been agreed for law. 44 Ed. 3, fol. 19 ; Cook, lib. 5, fol. 63; the Chamberlain of London's case ; Clarke's case ; and Jefferyes's case, ibid., fol. 64, 65. If a township be amerced, and the neighbours, by assent, shall assess a certain sum upon every inhabitant, and agree that if it be not paid by such a day, that certain persons thereto assigned shall distrain ; and, in this case, the dis- tress is lawful. Doctor v. Student, fol. 74, 6, cap. 9. If a bye-law that every one that holdeth land shall pay one penny towards the reparation of a church, and, for non- payment, shall forfeit to the churchwardens twenty shillings, be good and doth bind, as the book saith, 21 H. 7, fol. 20. holdeth. If a town make bye-laws, and they shall bind every one of the town, if it be for the common good, as 11 H. 7, fol. 14, then, by the same reason, may the Parliament make or- dinances and bye-laws for the common good of the kingdom, as shall bind all. For if a town may make ordinance, much more may the knights and burgesses of the Parliament, be- cause they have their power ad faciendum et consentiendum ; as appeareth of record under their hands and seals in chan- cery, in their return of their several elections for knights and burgesses. Lastly, as every private man is by law bound to preserve the peace as, in case an affray be made by two, and a third man standing by shall not use his best endeavour to part them and preserve the peace, he may be indicted and fined for it why may not the Parliament, being entrusted with the preservation of the peace of the realm, make an ordi- nance for the preservation of the peace in case of apparent danger ? Ordinance made in Parliament, 8 Ed. 2, for the preserva- tion of the alienation of the king's laud, and fines set upon such as presume to break them. Rot. Parl., 28 H. 6, Art. 29. The judges and courts at Westminster may make an or- dinance for fees to be paid unto the clerk of their courts, and for bar fees taken by sheriff and gaolers. 21 H. 7, fol. An ordinance made in Parliament, 21 Ed. 3, fol. 60, for exemption of the Abbot of Bury from the jurisdiction of the Bishop of Norwich. Selden's Titles of Honour, p. 702 ; 12 H. 7, fol. 25. Heyborne and Keylond's case, M. 14 Ed. 4, Rot. 60, in Banco. Reg. Crook, page 25, who had his money taken away from him by virtue of an ordinance, and was adjudged that the ordinance did bind him. Whether an infant may be a colonel, admiral, een obtruded upon the ecclesiastical government of the Church of England*; others, of more spiteful and exorbitant spirits, alledging that I have been the man who have begot and fostered all the so-lamented distractions which are now rife in this kingdom. And though such calumnies are ever more harmful to the authors than to those whom they strive to wound with them, when they arrive only to the censure of judicious persons, who can distinguish forms, and see the difference betwixt truth and falsehood ; yet, because the scandals inflicted upon my in- nocence have been obvious to people of all conditions, many of which may entertain a belief of those reproachful reports, though in my own soul I am far above such ignominies, and so was once resolved to have waved them as unworthy my notice, yet at last, for the assertion of my integrity, I con- cluded to declare myself in this matter, that all the world, but such as will not be convinced either by reason or truth, may l>ear testimony of my innocency. To pass by, there- fore, the Earl of Stratford's business, in which some have been so impudent as to charge me of too much partiality and malice, I shall declare myself fully concerning the rest of their aspersions, namely, that I have promoted and fo- mented the differences now abounding in the English Church. How unlikely this is, and improbable, shall, to every in- different man, be quickly rendered perspicuous ; for that I am, and ever was, and so will die, a faithful son of the Prot- estant religion, without having the least relation in my be- lief to those gross errors of Anahaptism, Brownism, and the like, every man that hath any acquaintance with my con- versation can bear me righteous witness ; these being but aspersions cast upon me by some of the discontented clergy, and their factors and abettors, because they might perhaps conceive that I had been a main instrument in extenuating the haughty power and ambitious pride of the bishops and prelates. As I only delivered my opinion as a member of the House of Commons, that attempt or action of mine had been justifiable both to God and a good conscience, and had no way concluded me guilty of a revolt from the orthodox doctrine of the Church of England because I sought a refor- mation of some gross abuses crept into the government by the cunning and perverseness of the bishops and their sub- stitutes ; for was it not high time to seek to regulate their power, when, instead of looking to the cure of men's souls (which is their genuine office), they inflicted punishment on men's bodies, banishing them to remote and desolate places, after stigmatizing their faces, only for the testimony of a good conscience ; when, not contented with those in- sufferable insolencies, they sought to bring in unheard-of canons into the Church Arminian or Papistical ceremonies (whether you please to term them, there is not much di (Ter- ence) imposing burdens upon men's consciences which they were not able to bear, and introducing the old abolish- ed superstition of bowing to the altar \ If it savoured either of Brownism or Anabaptism to endeavour to suppress the growth of those Romish errors, I appeal to any equal-mind- ed Protestant either for my judge or witness. Nay, had the attempts of the bishops desisted here, tolerable they had been, and their power not so much questioned as since it hath ; but when they saw the honourable the high court of Parliament had begun to look into their enormities and abuses, beholding how they wrested religion like a waxen nose to the furtherance of their ambitious purposes, then Troy was taken in then they began to despair of holding 1 any longer their usurped authority ! and therefore, as much as in them lay, both by public declarations and private coun- cils, they laboured to foment tho civil differences between his majesty and his Parliament, abetting the proceedings of the malignants with large supplies of men and money, and stirring up the people to tumults by their seditious sermons. Surely, then, no man can account me an ill son of the Com- monwealth if I delivered my opinion and passed my vote freely for their abolishment ; which may, by the same equi- ty, be put in practice by this Parliament, as the dissolution of monasteries, and their lazy inhabitants, the monks and fryars, were in Henry the Eighth's time ; for, without dis- pute, these carried as much reputation in the kingdom then, as bishops have done in it since ; and yet a Parliament then had power to put them down. Why, then, should not a Parliament have power to do the like to these, every way guilty of as many offences against the state as the former? For my own part, I attest God Almighty, the knower of all hearts, that neither envy, nor any private grudge, to all or any of the bishops, hath made me averse to their functions, but merely my zeal to religion and God's cause, which I perceived to be trampled under foot by the too extended authority of the prelates, who, according to the purity of their institution, should have been men of upright hearts and humble minds, shearing their flocks, and not flaying; them. And whereas some will alledge it is no good argument to dissolve the function of bishops, because some bishops are vitious ; to that I answer, since the vice of these bishops was derivative from the authority of their function, it is very fitting the function, which is the cause thereof, be cor- rected, and its authority divested of its borrowed feathers ; otherwise it is impossible but the same power which made these present bishops (should the episcopal and prelatical dignity continue in its ancient height and vigour) so proud and arrogant would infuse the same vices into their suc- cessors. But this is but a molehill to that mountain of scandalous reports that have been inflicted on my integrity to his majesty ; some boldly averring me for the author of the present distractions between his majesty and his Parliament, when I take God and all that know my proceedings to be my vouchers that I neither directly nor indirectly ever had a thought tending to the least disobedience or disloyalty to his majesty, whom I acknowledge my lawful king and sovereign, and would expend my blood as soon in his ser- vice as any subject he hath. 'Tis true, when I perceived my life aimed at, and heard myself proscribed a traitor merely for my intireness of heart to the service of my coun- try ; when I was informed that I, with some other honour- able and worthy members of the Parliament, were, against the priviledges thereof, demanded, even in the Parliament House, by his majesty, attended by a multitude of men-at- arms and malignants, who, I verily believe, had, for some ill ends of their own, persuaded his majesty to that excess of rigour against us ; when, for my own part (my conscience is to me a thousand witnesses in that behalf), 1 never har- boured a thought which tendered to any disservice to his majesty, nor ever had any intention prejudicial to the state ; when, I say, notwithstanding my own innocence, I saw my- self in such apparent danger, no man will think me blame- worthy in that I took a care of my own safety, and fled for refuge to the protection of the Parliament, which, making my case their own, not only purged me and the rest of ths guilt of high treason, but also secured our lives from the storm that was ready to burst out upon us. And if this hath been the occasion that hath withdrawn his majesty from the Parliament, surely the fault ran no way be imputed to me, or any proceeding of mine, which never went further, either since his majesty's departure, nor be- fore then, so far as they were warranted by the known laws 240 BRITISH STATESMEN. of the land, and authorized by the indisputable and undeni- able power of the Parliament. So long as I am secure in my own conscience that this is truth, I account myself above all their calumnies and falsehoods, which shall return upon themselves, and not wound my reputation in good and im- partial men's opinions. But in that devilish conspiracy of Catiline against the state and senate of Rome, none among the senators was so obnoxious to the envy of the conspirators, or liable to their traducements, as that orator and patriot of his country, Cicero, because by his council and zeal to the Common- wealth their plot for the ruine thereof was discovered and prevented. Though I will not be so arrogant to parallel myself with that worthy, yet my case (if we may compare lesser things with great) hath to his a very near resem- blance ; the cause that I am so much maligned and reproach- ed by ill-affected persons being because I have been forward in advancing the affairs of the kingdom, and have been taken notice of for that forwardness, they, out of their malice, converting that to a vice which, without boast be it spoken, I esteem as my principal vertue my care to the public util- ity. And since it is for that cause that I suffer these scan- dals, I shall endure them with patience, hoping that God in his great mercy will at last reconcile his majesty to his high court of Parliament, and then I doubt not but to give his royal self (though he be much incensed against me) a suf- ficient account of my integrity. In the interim, I hope the world will believe that I am not the first innocent man that hath been injured, and so will suspend their further censures of me. F. A Narrative of the Disease and Death of that noble Gentle- man, John Pym, Esquire, late a Member of the honourable House of Commons, attested under the Hands of his Phy- sicians, Chyrurgions, and Apothecary. FORASMUCH as there are divers nncertaine reportes and false suggestions spred abroad touching the disease and death of that noble gentleman, John Pym, Esquire, late a member of the honourable House of Commons, it is thought fit (for the undeceiving of some, and prevention of miscon- struction and suspitions in others) to manifest to those who desire information the true cause of his lingring disease and death, as it was discovered (while hee lived) by his physitians, and manifested to the view both of them and many others, that were present at the dissection of his body after his death ; for the skin of his body, it was without so much as any roughness, scarr, or scab, neither was there any breach either of the scarfe or true skin, much lesse any phthiriaiis or lousie disease, as was reported ; and as for that suggestion of his being poysoned, there appeared to the physitians no signe thereof upon the view of his body, nei- ther was there any exhorbitant symptome (while hee lived) either in his animal}, vitall, or -natural] parts, for hee had his intellectualls and senses very entire to the last, and his sleep for the most part very sufficient and quiet. As for the vitall parts, they were all found very sound, and (while hee lived) they were perfect in their actions and uses ; and as for the naturall parts contained in the lower belly, they did not otherwise suffer than from that large imposthume that was there contained ; the stomack being smooth and fairs in all its coates ; the liver and kidnies goode enough, onely much altered in their colour ; the spleen faire, but little. But the most ignoble part of this lower belly, the meientry, was found fundi calamitas, the shop wherein the instrument of his dissolution was forged ; there being a large abscesse or imposthume, which wrought itselfe to such a bulke as was easily discovered by the outward touch of his physitians at the beginning of his complaining, and did increase to that capacitie as (being opened) it did receive a hande contract- ed, and in its growth did so oppresse the gall and stop its vessels as occasioned the jaundice. Besides, this abscesse (by the matter contained in it) did so offend the parts adja- cent as most of them suffered by its vicinitie, yet without any such turbulent symptome as did at any time cause him to complaine of paine, being sensible onely of some sorenesse upon the touch of the region of the part affected ; and from its vapours the stomack suffered a coutinuall inappetency and frequent nauseousnesse, and it did so deprave and hin- der the concoction, distribution, and perfection of nourish- ment, that it produced an atrophy or falling of the flesh ; so that inappetency, faintnesse, and nauseousnesse were the great complaints hee usually made. At last, after a long languishment, this imposthume breaking, hee often fainted ; and soon after followed his dissolution, December the 8th, 1643, about 7 a clocke at night. Attested by the physitians that attended him in his sick- ness : Sir THEODORE MAYERS, Dr. CLERK, Dr. MEREVELL, President of the Colledge of Physi- tians. Dr. GIFFORD, "I that were present at the dis- Dr. MICKLETHWAIT, I section of his body (together Dr. MOULIN, [with two of those above men- Dr. COLLADE, J tioned). And Chyrurgions : THOMAS ALLEN, and HENRY AXTALL, his servant. Apothecary : JOHN CHAPMAN, servant to WILLIAM TAYLOE HARPER t BROTHERS JOHN HAMPDEN. 1594-1643. AN outline of the life of Hampden is all that will now be required for the purposes of this work. So little, after the most extensive re- searches, is known of the man, that all may, unfortunately, be very briefly told : his history is written in the great public actions he for- warded through life, and in the assertion and defence of which he died ; and these have al- ready been minutely recorded, in the foregoing memoir of the dearest and most intimate of his friends, and the most eminent of his great fel- low-labourers. Such are the only, though the sufficient records that permanently attest the wonderful influence of his character ; for of all the speeches he delivered in the House of Com- mons, only one remains, and even its authen- ticity is more than doubtful. John Hampden was born in London* in 1594, ten years after the birth of Pym. His family may be traced in an unbroken line from the Saxon times. It received from Edward the Confessor the grant of the estate and residence in Buckinghamshire, from which the name is derived, and which in Doomsday Book are en- tered as in the possession of Baldwyn de Hamp- den. Escaping from the rapacity of the Nor- man princes, and strengthened by rich and pow- erful alliances, it continued in direct male suc- cession, and increased in influence and wealth. Noble says, in his " Memoirs of the Protectoral House of Cromwell,"t with which, as well as with the old ancestors of Lord Say and Sele, the family of the Hampdens were allied, that few were so opulent in the fourteenth century as this family, but that one of them was then obliged to forfeit to the crown the three valu- able manors of Tring, Wing, and Ivengo, for a blow given to the Black Prince in a dispute at tennis ; and that by this only he escaped with- out losing his hand. A rude couplet, still re- membered in that part of the kingdom, sustains the tradition : " Tring, Wing, and Ivengo did go For striking the Black Prince a blow." This story, indeed, has not been suffered to pass without many doubts ; but whether true or not, it has served no mean purpose in giving a name to one of the noblest works of roman- tic fiction in these latter times. Sir Walter Scott possessed himself of the tradition, as of every other, and the shape he received it in will be thought a corroboration of it, when com- pared with the versions of Noble and Lysons : " Tring, Wing, and Ivanhoe, For striking of a blow, Ilarapden did forego, And glad he could escape so ! " Be the story true or false, however, no doubt the property of the Hampdens at this period was very extensive. They were not only rich and flourishing in their own county, but enjoy- ed considerable possessions in Essex, Berk- shire, and Oxfordshire. In Buckinghamshire they were lords of Great and Little Hampden, * This rests on the authority of Wood, who ascertained it indisputably by reference to the matriculation books at Oxford. t Vol. ii., p. 62. HH Stoke Mandeville, Kimble, Prestwood, Dunton, Hoggestone, and Hartwell, and had lands in many other parishes. They appear to have been distinguished in chivalry ; they were often intrusted with civil authority, and represented their native county in several Parliaments. We find, in the Rolls of Parliament, that some lands were escheated from the family on ac- count of their adherence to the party of Henry VI., and that they were excepted from the gen- eral act of restitution in the 1st Edward IV. Edmund Hampden was one of the esquires of the body, and privy counsellor to Henry VII. ; and in the succeeding reign we find " Sir John Hampden of the Hill" appointed, with others, to attend upon the English queen at the inter- view of the sovereigns in the Field of Cloth of Gold. It is to his daughter, Sibel Hampden, who was nurse to the Prince of Wales, after- ward Edward VI., and ancestress to William Penn, of Pennsylvania, that the monument is raised in Hampton Church, Middlesex, which records so many virtues and so much wisdom.* During the reign of Elizabeth, Griffith Hamp- den, having served as high sheriff of the county of Buckingham, represented it in the Parlia- ment of 1585. By him the queen was received with great magnificence at his mansion at Hampden, which he had in part rebuilt and much enlarged. An extensive avenue was cut for her passage through the woods to the house ; and a part of that opening, Lord Nugent says, is still to be seen on the brow of the Chilterns from many miles around, and retains the name of " The Queen's Gap," in commemoration of that visit. His eldest son, William, who suc- ceeded him in 1591, was member, in 1593, for East Looe, then a considerable borough. He married Elizabeth, second daughter of Sir Hen- ry Cromwell, of Hinchinbrooke in Huntingdon- shire, and aunt to the Protector, and died in 1597, leaving two sons, John and Richard, the latter of whom, in after times, resided at Em- mington in Oxfordshire. The fact of London having been the birth- place of the patriot has been disputed, but ap- parently without reason. He was reported to have been born at the manor-house, long in the possession of his family, at Hoggestone, in the hundred of Cottlesloe, in Buckinghamshire : it was only so said, because the people of that county adored his name. Succeeding to his father's estate in his infancy, Hampden remain- ed for some years under the care of Richard Bouchier, master of the free grammar-school at Thame in Oxfordshire. t In 1609 he was See a copy in Noble's Cromwell, vol. ii., p. 64. This is an extract : " To courte she called was, to foster up a king, Whose helping hand long lingering sutcs to speedie end did bring. Twoo queenes that sceptre bore, gave cready t to the damOj Full many yeres in cowrte she dwelte, without disgrace or blame." Query Do these lingering sutes in any way allude to the royal quarrels of her ancestor ? [For the authority of this page, the reader may consult ;he admirable life of Hampden by Lord Nugent, whence it is derived, p. 4-6, vol. j. C.J t Anthony Wood. 242 BRITISH STATESMEN. entered as a commoner at Magdalen College, Oxford, where his attainments gained him reputation, and he was chosen, with others, among whom was Laud, then master of St. John's, to write the Oxford gratulations on the marriage of the Elector-palatine with the Prin- cess Elizabeth.* In 1613 he entered the Inner Temple as a student of law. And now, wheth- er, at this youthful period, he had been induced, from his cheerful habits and fascinating man- ners, to enter into the dissipations of the age, and had begun the life of " great pleasure and licence' 1 which Clarendon,! not, as it seems, unjustly, has charged upon his earlier years, we have no means of knowing ; but it is cer- tain that he never, at any period of his life, abandoned intellectual exertion, or neglected the literary labours to which his taste always inclined him. Accordingly, at the Inner Tem- ple, he did not fail to make considerable prog- ress in his new study ; and we find the courtier, Sir Philip Warwick, bearing testimony to his " great knowledge, both of scholarship and law." Nor does the next circumstance of his life to which our attention is directed indicate any taste on his part for " licence" of the more abandoned sort. He was married in the church of Pyrton, in Oxfordshire,* 1619, to Elizabeth, only daughter of Edmund Symeon, Esq., lord of that manor and estate. To this lady he was tenderly attached, and often, after her early death, paid sorrowful and affectionate tribute to her virtues, talents, and affection. Hampden entered the House of Commons the following year, having taken his seat for the borough of Grampound on the meeting of James's Parliament of 1620. He attached him- self at once to the popular party, though cer- tain of his frieftds were desirous that he should seek other means of advancement. His mother was very urgent with him to look to adding a peerage to the dignity of his family. " If ever," says this lady, in a characteristic letter pre- served in the British Museum, " if ever my sonn will seeke for his honour, tell him nowe to come ; for heare is multitudes of lords a making Vicount Mandvile, Lo. Thresorer, Vicount Dunbar, which was Sr. Ha. Con- stable, Vicount Falkland, which was Sir Har- ry Carew. These two last of Scotland ; of Ire- land divers, the deputie a vicount, and one Mr. Fitzwilliams a barron of Ingland, Mr. Vil- lers a vicount, and Sr. Will. Fielding a bar- ron I am ambitious of my sonne's hon- our, which I wish were nowe conferred upon him, that hee might not come after so many new creations." But this counsel was not fol- lowed. The discovery is due to Lord Nugent,^ * " These verses," says Lord Nugent, " published at Ox- ford, 1613, in a volume entitled ' Lusus Palatini,' contain little worth remark, unless it be the last three lines: " ' Ut surgat inde proles, Cui nulla terra, nulla Gens, sit parem datura.' Remarkable when it is remembered that from this marriage Rupert was born, who led the troops at Chalgrove, by whom Hampden was slain ; but also that from it sprang the suc- cession to which stands limited the guardianship of the free monarchy of England." t Hist., vol. iv., p. 61. t Register of Pyrton, June 24, 1019. He died on the an- niversary of that day. England, by Thomas Prince, M. A., at p. 129, from ' Winslow's Rela- tion,' one of the earliest ' printed tracts,' I find the follow- ing narrative : ' 1623. March. News comes to Plimouth that Masassoit is like to die, and that a Dutch ship is driv- en ashore, before his house, so high, that she could not be got off til! the tide's increase. Upon which the governor sends Mr. Edward Winslow and Mr. John Hampden, a gen- tleman of London, with Hobomak, to visit and help him, and speak with the Dutch. The first night we lodge at Namasket ; next day, at one, coine to a ferry in Corbitant's country, and, three miles further, to Mattapuyst, his dwell- ing-place (though he be no friend to us), but find him gone to Pakanokik, about five or six miles off. Late within night we get thither, whence the Dutch had departed ; find Ma- sassoit extreme low, his sight gone, his teeth fixed, having swallowed nothing for two days ; but using means, he sur- prisingly revives. We stay and help him two nights and two days. At the end of the latter, taking our leave, he expresses his great thankfulness. We come and lodge with Corbitant at Mattapnyst, who wonders that we, being two, should be so venturous. Next day, on our journey, Hobo- mak tells us, that at his coming away, Masassoit privately charged him to tell Mr. Winslow there was a plot of the Massachusuks. That night we lodge at Namasket ; the next get home.* Edward Winslow, one of the fathers of New England, first appears, ' 1620, Dec. 6,' among ' ten of of the best family of any of the Plimouth planters, his fa- ther being a person of some figure at Droitwich, in Wor- cestershire.' The following entry in the Chronological History (p. 140) may fix, with great probability, in the ab- sence of any information on the subject, the date of Hamp- den's return to England : ' 1623, Sept. 10. This day the Ann sails for London, being laden with clapboards, and all the beaver and other furs we have ; with whom we send Mr. Winslow, to inform how things are, and procure what we want.' Edward Winslow printed his 'Account of N. E. to Sept. 10' during this visit to London, whence he returned in 1624. After governorships of Plimouth and missions to England, he settled there in 1646 as agent for the colony. In 1665 he was appointed by the Protector one of ' three commissioners to superintend and direct the operations of Penn and Venables,' and ' died on board the fleet, in the West Indies,' aged 60, leaving a 'name' that ' in New Eng- land will never be forgotten.' Such was the associate of John Hampden. Of the other dramatis persona:, Masassoit was a 'great sagamore,' who, 'in 1621,' had visited the governor, when, ' after salutations, the governor kissing his hand, and the king kissing him, they agree on a league of friendship,' which ' lasted to 1675.' Hobomak was ' a chief captain of Masassoit's,' and Corbitant 'a petty sachem.' Dr. Holmes, of Cambridge, N. E., in his American Annals (1808), says (i., 185), ' Mr. Hampden wintered (1623) with the Plimouth colonists, and desired much to see the coun- try, and is supposed by Dr. Belknapp (Biog,, ii., 229) to be the same who afterwards distinguished himself by his op- position to the arbitrary demands of Charles I.' From these early associations, Hampden would probably be foremost, in 1638, to promote that well-known project of emigration which Charles, so fatally for himself, interrupted by his prerogative. It appears, in the Parliamentary History, that from Feb. 1621-2 to Feb. 1623-4, Hampden's senatorial du- ties must have been entirely suspended. Thus there would be abundant leisure for the visit to America." [I see nothing to militate against Mr. Rutt's view of the case. In an aga that called for sacrifice, Hampdea would readily quit his home for public service. C.] JOHN HAMPDEN. 247 Mr. Valentine, and Mr. Long, my countryman, if with you, and let me bee honoured with the style of " Yor faithful frend and seruant, "Jo. HAMPDEN." The last letter contains a noble compliment to the genius of Eliot. " Sir, In the end of my travailes, I meate ye messengers of yor love, wch bring me a most gratefull wellcome. Yor intentions outfly mine, that thought to have prevented yo, and con- vince me of my disabilitie to keepe pace with you or the times. My imployment of late in interrogatory with like affaires hath deprived me of leisure to compliment, and ye frame of dispositions is able to justle the estyle of a let- ter. You were farre enough above my emula- tion before ; but, breathing nowe the same ayre wth an ambassador, you are out of all ayme. I believe well of his negociation for ye large testimony you have given of his parts, and I believe ye King of Sweden's sword will bee ye best of his topicks to persuade a peace. 'Tis a powerfull one nowe, if I heare aright, fame giving Tilly a late defeate in Saxony wth 20,000 losse, the truth whereof will facilitate yor worke, the Spaniard's curtesy being knowne to bee no lesse than willingly to render that which hee cannot hold. The notion of these ef- fects interrupts not or quiet, though ye reasons by wch they are gouerned do transcend or pitch. Yor apprehensions, yt ascend a region above those clouds wch shadow us, are fit to pierce such heights, and 0" to receave such notions as descend from thence ; which while you are pleased to impart, you make the demonstra- tions of yor favour to become ye rich posses- sions of " Yor ever faithful frend and seruant, "Jo. HAMPDEN. " Present my seruice to Mr. Long. " Hampden, October 3. " God, I thanke him, hath made me father of another sonne." The melancholy progress of the public affairs during this correspondence, and after it had been closed by the death of the illustrious pris- oner,* has been amply described. In retire- ment at his estate in Buckinghamshire, Hamp- den continued to improve the literary tastes and acquirements in which he already excelled so highly, and, it is said, while the crisis of af- fairs approached more nearly, began to prepare himself for the last extremity they threatened. Davila's history of the civil wars of France became his manual his vade mecum, as Sir Philip Warwick calls it ; as though in the study of that sad story of strife and bloodshed he already saw the parallel which England was to afford so soon. The bitterness of spirit with which he thought of these things may have been greatly increased by the death of his wife,t which happened at about this time. At * Eliot and Hatnpden, it is worth adding, had changed portraits some time before, and both these portraits are now in the possession of the Eliot family. That of Hampden, the only original in existence, and a portrait of noble ex- pression, has been engraved for this work, by the courteous permission of the Earl of St. Germain's. A dose and earnest look at the engraving, which is exquisitely faithful, will fur- nish an eloquent description of the face of Hampden. t She lies buried in the chaucel of great Hampdeu church, where an epitaph on a plaiu bluck stone records her merits last, however, he abandoned his retirement, dismissed the thought of a solitary and seclu- ded life, and became one of the acknowledged leaders of the people. He imitated in this the great and virtuous Coligny, described in his favourite work. In the autumn of 1635, ship-money writs were sent into Buckinghamshire. Many gen- tlemen of that county refused to pay, and among them Hampden. Accordingly, on the 25th of January, 1635-6, new sheriffs having been in the interval appointed, a writ was is- sued, directed " To Sir Peter Temple, Baronet, late high sheriff, and Heneage Proby, Esq., now appointed high sheriff for the county of Bucks," directing the one to deliver, and the other to receive, the original warrant, as well as all accounts and returns concerning the levy of the former year. This return was ac- cordingly made by the assessors of the differ- ent parishes ; and, among others where pay- ment had been delayed, a return by those of the parish of Great Kimble, a village at the foot of the Chiltern Hills, round which the principal property of John Hampden lay, and in the immediate neighbourhood of his house. The return contains the names of those who, with him, had tendered their refusal to the consta- bles and assessors, together with an account of the sums charged upon each person. Among the names of the protestors, it is to be observ- ed that the constables and assessors had the courage to return their own, and at the head of the list stands that of John Hampden, " as a passport," Lord Nugent justly says, " for the rest to an honourable memory, so long as the love of liberty shall retain a place in the hearts of the British nation." This protest, however, was not thought suf- ficient, by the then rampant tyranny of Charles, to excuse Sir Peter Temple for his default of arrears. He was summoned before the coun- cil-table : ill health prevented his instant at- tendance ; and an officer was at once sent to hold him in close custody at his own residence at Stowe. Lord Nugent found one of his let- ters, written under these circumstances, among the manuscripts there. It is worth quoting, as an illustration of the occasion and the time : " Deere Mother, In haste I write to you. I hauing my handfts full, cannot write to you with my owne handes, I hauing byne latelye ill at London, and takeing physicke. Yet must I leaue the meanes of my health to doe the kinge seruice. I was sente for on the 30th of June, by a messenger, to attend the kinge on Sun- daye, the 3d of July, about the shippe-moneye ; wherein I am blamed for the sherriffe's actions that nowe is, and am compelled wth a messen- ger, nowe wayting on me, with all the distress- es and imprisoneings that maye be imposed on the cOuntrye. But the sherriffe must answere what is done by me in the future tyme. I am to attende the kinge at Theobalde's, on the 17th daye of July, to giue an accompte to him what I haue done in the seruice, and, as he likes my proceedinges, I am to continue in the messen- ineou ui i yni mill ii.unj'ut'ii , aim niv euuim .\i afterward married to Sir Robert Pye, of Berkshire, 248 BRITISH STATESMEN. ger's hande, or be releassed, or worsse. My lyfe is nothing but toyle, and hath byne for manye yeares, to the commonwealth, and nowe to the kinge. The change is somethinge amended for the pressent, but yet released of neither. Not soe much tyme as to doe my du- tye to my deere parentes, nor to sende to them. Yett I hoped that they wolde haue sente for a bucke, or what Stowe wolde afforde, before thys tyme. But, seeinge they will not, I will spare rnyselfe soe much tyme as to pressente nowe unto them one by thys bearer. "Although I am debarred from father, moth- er, wife, and chilldren, and state though some of them farre absente wyth thys I pressente my dutye, wyth these unhappye lynes, and re- mayne " Yor sonne, that loues and honoures my father and you, " PETER TEMPLE. " Stowe, thys 8th of July, 1630. " To his deere mother, the Lady Hester Temple, at Dorsett, theis pressente." The history of Hampden's immortal trial, in which for many days, though in the midst of public dangers and disquiet, the fundamental laws of our country were contested without re- proach or passion, has been sufficiently glanced at in these pages. " The judgment," says Clarendon, "proved of more advantage and credit to the gentleman condemned than to the king's service." Then indeed Hampden "be- came the argument of all tongues, every man inquiring who and what he was, that durst at his own charge support the liberty and property of the kingdom, and rescue his country, as he thought, from being made a prey to the court."* Even courtiers and crown lawyers spoke re- spectfully of him ; for, adds Clarendon, "his carriage throughout that agitation was with that rare temper and modesty, that they who watched him narrowly to find some advantage against his person, to make him less resolute in his cause, were compelled to give him a just testimony." The court continued, after the trial, to levy the hated tax more recklessly than ever, but it soon became the recklessness of despair. The third Parliament was summoned, and Hampden whose share in the immediate caus- es which led to that memorable event has been described in the memoir of Pym having re- turned from London to his native seat, was solicited, by the grateful men of Buckingham- shire, to become their representative. In this character, and with all the new influence it gave him, he soon again left Hampden, never, except at rare intervals of some few hours' du- ration, to return to it again. " His mansion," says Lord Nugent, " still remains. It stands away from both the principal roads which pass through Buckinghamshire, at the back of that chalky range of the Chilterns which bounds, on one side, the vale of Aylesbury. The scenery which immediately surrounds it, from its seclu- sion little known, is of singular beauty, opening upon a ridge which commands a very extensive view over several counties, and diversified by dells, clothed with a natural growth of box, juniper, and beech. t What has once been the * Clarendon. t The woods of Hampden terminate to the north upon abode of such a man can never but be interest- ing from the associations which belong to it. But, even forgetting these, no one, surely, who has heart or taste for the charm of high, breezy hills, and green glades enclosed within the shadowy stillness of ancient woods, and ave- nues leading to a house on whose walls the re- mains of the different styles of architecture, from the early Norman to the Tudor, are still partly traced through the deforming innovations of the eighteenth century no one, surely, can visit the residence of Hampden, and not do justice to the love which its master bore it, and to that stronger feeling which could lead him from such a retirement to the toils and perils to which, thenceforth, he entirely devoted him- self." Hampden has left no record of his eloquence behind him, but its influence is stamped immor- tally on Clarendon's account of him at this mo- mentous period. ".Mr. Hampden," says the noble historian, describing the leading members of this Parliament, " was a man, it may be, of the most discerning spirit, and of the greatest address and insinuation to bring any thing to pass which he desired, of any man of that time, and who laid the design deepest. He was a gentleman of a good extraction and a fair for- tune, who, from a life of great pleasure and li- cense, had on a sudden retired to extraordinary sobriety and strictness, and yet retained his usual cheerfulness and affability ; which, to- gether with the opinion of his wisdom and jus- tice, and the courage he had showed in opposing the ship-money, raised his reputation to a very great height, not only in Buckinghamshire, where he lived, but generally throughout the kingdom. He \vas not a man of many words, and rarely begun the discourse, or made the first entrance upon any business that was as- sumed ; but a very weighty speaker, and after he had heard a full debate, and observed how the House was like to be inclined, took up the argument, and shortly, and clearly, and craftily so stated it, that he commonly conducted it to the conclusion he desired ; and if he found he could not do that, he never was without the dexterity to divert the debate to another time, and to prevent the determining anything in the negative which might prove inconvenient in the future. He made so great a show of civility, and modesty, and humility, and always of mis- trusting his own judgment, and of esteeming his with whom he conferred for the present, that he seemed to have no opinions or resolu- tions but such as he contracted from the infor- mation and instruction he received upon the discourses of others, whom he had a wonderful art of governing and leading into his principles and inclinations, while they believed that he arils to recall their troops from the pursuit JOHN HAMPDEN. 249 wholly depended upon their counsel and advice. ; No man had ever a greater power over himself, or was less the man that he seemed to be, } which shortly after appeared to everybody, when he cared less to keep on the mask." The character of Clarendon himself is too well known to render any modification of this lan- guage necessary. The circumstances which explain the colour he always strives to give to the profound policy of the popular leaders have had abundant illustration in these pages. It is enough now to show that that policy is, even thus, confirmed by him ; and that upon him, equally with the men of their own party, the genius of its great authors impressed itself the more deeply, perhaps, that it was so obsti- nately resisted. To the business affairs of this Parliament Hampden applied himself with his accustomed zeal. On the 16th, three days after its meet- ing, he was on a committee to examine all questions relating to election returns, and other privileges ; and on the 17th, on one to report upon the state of the journals and records. On the 18th, on one concerning the violation of privilege, at the close of the last Parliament ; and on the 20th, on another to prepare an ad- dress to the king, praying " that the like in- fringement of their liberties might not be prac- tised in future, to their prejudice and his own." On the 21st he was on the committee appointed to inquire into the effect of the commission lately granted to convocation ; and on the 22d, on two others one upon the case of Smart, a prebendary of Durham, who had petitioned, as a prisoner, against Bishop Neile ; and the other to prepare the heads of a conference with the Lords concerning the petitions from the coun- try. On the 23d he was on one to expedite the matter of this conference, by stating the reasons for postponing the supplies until effect- ual means should have been taken to prevent innovations in religion, to secure the property of the subject, and the privileges of Parliament, and to prepare an answer on these heads to the king. On the 24th he was manager of that conference ; on the 25th he reported it to the House ; and on the 1st of May we find him re- porting a second conference, touching some matters which had occurred in the first. The disgrace of Williams has been alluded to : the wily prelate had long been striving to regain his position by petitions to the king ; or, by a summons before Parliament, to make an effort for it that way. Sentence, however, in- terrupted his schemes at last, suspending him from all his offices and dignities, and imposing upon him a fine of 10,000, and imprisonment during the king's pleasure. Finding the Lords not disposed to assert with spirit the question of privilege in his behalf, he endeavoured to engage Hampden, during this session, to make his case one of Parliamentary grievance. With this view, it may be sup- posed, he affected his old patriotic arts to en- gage the patriot's sympathy. Be this as it may, among the manuscripts at Lambeth is a sheet of notes in his handwriting, under the title of " Remembrances to Mr. Hampden," dated April 27th. to which the answer is found appended. The style of cold civility in which Hampden declines this business was that of a man who Ii already suspected that the public virtue of the bishop was wavering, and that he was preparing to embark again in the course of court favour, into which, on his enlargement and elevation to the archbishopric of York, he soon relapsed. Hampden's answer was as follows : " My Lord, I should be very ready to serve you in anything I conceaved good for you and fitt for mee ; but in your Ipp's present com- mands I doubt that to make overture of yor in- tentions, and be prevented by a suddaine conclu- sion of ye Parlt, w>cA many fearc, may render yor condition worse than nowe it is. To begin in or house is not ye right place ; the most im- portant businesses of the king and king ened safety of the metropolis, and thus to rouse i stood for the subject's libertie and propertie, the troops from the mortifying remembrance ! choosing, rather than to pay 40*. to the preju- of their late disasters to vigorous preparations, dice of the subject, to spend 1000 in the law- which yet might lead, by a happier fortune, in turn to a successful attack." But, after nearly six days of cruel suffering, his bodily powers no longer sufficed to pursue or conclude the business of his earthly work. About seven hours before his death he received the sacrament of the Lord's Supper, declaring that " though he^ould not away with the gov- ernance of the Church by bishops, and did ut- terly abominate the scandalous lives of some full defence thereof, viz., in the great intoller- able tax of ship-money (in the times of peace, when there was no need of it, but that the de- signes of the times were to break the ice to drive us under an arbitrary government) ; and I appeale to the consciences of the malignants * dough's Narration. [In the Ashmole Museum is a locket of plain cornelian, which, it is said, Hampden wore on his breast. On the silver rim these words are inscribed: " Against my king I never fight, But for my king and country's right." C.] JOHN HAMPDEN. 263 if they did not honour him then above all the J And in an article of the " Weekly Accompt," subjects in the kingdome] Master Hoborne j written on the same sad occasion, some cir- (though nowe through other respects of another j cumstances are added to our previous knowl- minde) was then one of his chiefe champions ! edge of the patriot : " Speaking of the affaires to pleade his and the kingdome's case ; for his I of Buckinghamshire, it puts me in remembrance temper and prudence in the carriage of that businesse he was admired of all men, and God (contrary to the designes of man, and the countenance of great lords and courtiers nowe at Oxford, then present to awe the judges at the time of the argument of that case) produced goode effects to the kingdome, and damned ship-money in the opinion of the people, what- ever the opinion of some of the judges were. Howe hath this gentleman carried himselfe since this Parliament begun 1 Constant to de- fend our religion and libertie, for which cause alone (for no other cause yet appeares to the world) he with four others was accused of high treason by Master Herbert, first the queene's attorney, then the king's, who, being afterwards questioned for it in the presence of both houses of Parliament, did publikely declare that though he accused them of high treason, whereby their lives lay at stake, their estates might become forfeit, and their posteritie branded with infamy, yet he had no more cause, proofe, or reason to accuse Master Hampden, or any of the other four members, than to accuse the child unborne ; onely his master commanded him to do it, and the king offered to pass a bill to cleare him and them, though since refused ; and by his last proclamation of the 16th of June instant to dissolve this Parliament, passes by one of the Jive members in the particular exception, not- withstanding the said accusations. I will add onely a worde more concerning him (though too much of his worth cannot be said), that his whole indeavours since the Parliament begun was for the publike, not regarding his private in any kinde. He wisely foresaw the designes of the counsell about the king to introduce a tyrannicall government, and thereby to set up poperie, and was sensible of the corresponden- cy of counsells in the distractions of the three kingdomes (as both houses have voted) ; and that, all former plots and designes against Scot- land and this present Parliament failing, the said counsells resolved on the bloodie rebellion in Ireland, and the destroying this Parliament by the sword, as their last refuge to bring to pass their designes, which incouraged him time- ly to contribute his advice to the kingdome to be in a posture to defend themselves ; and least it should be thought to oppose the king or to in- jure him, these wordes have I seene in writing, which upon an occasion he used in Parliament, viz., ' Perish may that man and his posteritie that will not deny himselfe in the greatest part of his fortune (rather than the king shall want) to make him both potent and beloved at home, and terrible to his enemies abroad, if he will be pleased.to leave those evill counsells about him, and take the wholesome advice of his great counsell the Parliament !' And with this duti- full and loyall hearte to his prince, and indeavour to bring him to his Parliament for his countrey's goode, he sacrificed his life ; and said, before he died, that if he had twentie lives, all should goe this way, rather than the Gospell of our salvation (nowe so much fought against) should be trampled under foot." of Master Hampden, that noble patriot of his countrey, whose losse is infinitely lamented in all places ; for it is well knowne to the whole kingdome howe much he suffered for the goode of his countrey, and that he endured for a long time together (about sixteen yeares since) close imprisonment in the Gatehouse about the loane money, which indangered his life, and was a very great meanes so to impaire his health that he never after did looke like the same man he was before. And did he not spend a great summe of money out of his owne estate in de- fence of the kingdome's right in that great case of ship-money 7 And, to be briefe, as he was indued with more than ordinary parts of wis- dome, knowledge, and understanding, so was he as carefull to improve and make a right use of them, so that (like Zachary and Elizabeth) he walked unblameable in all his conversation. That very day which he received that fatall wound he was just fiftie yeares of age. During the time that he lived after, which was just a weeke, he showed a wonderfull measure of pa- tience and meaknesse, being full of divine sen- tences, speaking as if he felt no pain ; saying it was nothing but what he dayly expected, and that he had long prepared against that time ; and continued of perfect memorie, cheerful! spirit, constant in the cause, and incouraging others unto the last ; and departed without feeling any pain at all, going out of a sweet slumber into a quiet sleepe. He was carried from Thame to Hampden, and interred in his father's tomb." These extracts from the now scarce and valuable records of the time may be closed with some lines from an " elegie," not utterly unworthy of the theme, written by a friend and " fellow-soldier" of Hampden. They imbody a picture of the great soldier himself in the ex- citement of battle. " Though my malicious fate debarred my will From waiting on your valour, when the shrill And hastie trumpet bade your honour goe With disadvantage 'gainst the subtle foe ; When treacherie and odds, crowned with successe, Did triumph over our unhappinesse : Yet give me leave, Renowned Dust, to send My gratefull muse in mourning to attend, And strew some cypresse on your martial hoarse. * * * * Was he not pious, valiant, wise, and just, Loyall and temperate t Everything that must Make up a perfect harmonie ? Yee know His constant actions have declared him so. * * So was he truely valiant. J havt seene Him i' the front of 's regiment in greene, When death, about him did in ambush lye, And whizzing shatt like shoieres of arrowts flye,. Waving his coaq'ring steele, as if that he From Mars had got the sole monopolie Of never-failing courage : and so cheare His fighting men ! Farewell, beloved in Parliament and field, Farewell, thy souldier's faithfull broken shield !" And now, to complete the information which has been collected in these pages concerning one of the greatest men of the English history, the character which Clarendon has drawn of him in unfading colours may, without hesitar 264 BRITISH STATESMEN. tion, be added. No one who has glanced through this work can be at a loss to separate the just from the unjust. " He was a gentleman of a good family in Buckinghamshire, born to a fair fortune, and of a most civil and affable deportment. In his entrance into the world he indulged to himself all the license in sports, and exercise, and company which was used by men of the most jolly conversation. Afterward he retired to a more reserved and melancholy society,* yet pre- serving his own natural cheerfulness and vi- vacity, and, above all, a flowing courtesy to all men ; though they who conversed nearly with him found him growing into a dislike of the ec- clesiastical government of the Church, yet most believed it rather a dislike of some church- men and of some introducements of theirs, which he apprehended might disquiet the public peace. He was rather of reputation in his own country than of public discourse or fame in the kingdom before the business of ship-money ; but then he grew the argument of all tongues, ev- ery man inquiring who and what he was, that durst, at his own charge, support the liberty and property of the kingdom, and rescue his country, as he thought, from being made a prey to the court. His carriage throughout this agitation was with that rare temper and modesty, that they who watched him most narrowly to find some advantage against his person, to make him less resolute in his cause, were compelled to give him a just testimony, and the judgment that was given against him infinitely more advanced him than the service for which it was given. When this Parliament begun (being returned knight of the shire for the county where he lived), the eyes of all men were fixed on him as their patrice pater, and the pilot that must steer the vessel through the tempests and rocks which threatened it ; and I am persuaded his power and interest at that time were greater to do good or hurt than any man's in the kingdom, or than any man in his rank hath had in any time ; for his reputation of honesty was universal, and his affections seemed .so publicly guided, that no corrupt or private ends could bias them. " He was of that rare affability and temper in debate, and of that seeming humility and submission of judgment, as if he brought no opinion of his own with him, but a desire of information and instruction ; yet he had so subtle a way of interrogating, and, under the notion of doubts, insinuating his objections, that he left his opinions with those from whom he pretended to learn and receive them ; and even with them who were able to preserve themselves from his infusions, and discerned those opinions to be fixed in him with which they could not comply, he always left the char- acter of an ingenuous and conscientious person. He was, indeed, a very wise man, and of great parts, and possessed with the most absolute spirit of popularity that is. the most absolute faculties to govern the people of any man I ever knew. For the first vear of the Parlia- * [This has been already alluded to, and probably refers .to his devotion to legal pursuits. C.] ment he seemed rather to moderate and soften the violent and distempered humours than to inflame them ; but wise and dispassioned men plainly discerned that that moderation proceed- ed from prudence, and observation that the season was not ripe, rather than that he ap- proved of the moderation ; and that he begat many opinions and notions, the elucidation whereof he committed to other men, so far dis- guising his own designs that he seemed seldom to wish more than was concluded ; and in many gross conclusions, which would hereafter con- tribute to designs not yet set on foot, when he found them sufficiently backed by majority of voices, he would withdraw himself before the question, that he might seem not to consent to so much visible unreasonableness, which pro- duced as great a doubt in some, as it did appro- bation in others, of his integrity. What combi- nation soever had been originally with the Scots for the invasion of England, and what farther was entered into afterward in favour of them, and to advance any alteration of the government in Parliament, no man doubts was at least with the privity of this gentleman. " After he was among those members ac- cused by the king of high treason, he was much altered, his nature and carriage seeming much fiercer than it did before. And without ques- tion, when he first drew his sword, he threw away the scabbard ; for he passionately op- posed the overture made by the king for a treaty from Nottingham, and as eminently any expedients that might have produced any ac- commodations in this that was at Oxford ; and was principally relied on to prevent any infu- sions which might be made into the Earl of Essex towards peace, or to render them inef- fectual if they were made, and was, indeed, much more relied on by that party than the general himself. In the first entrance into the troubles, he undertook the command of a regi- ment of foot, and performed the duty of a col- onel on all occasions most punctually. He was very temperate in diet, and a supreme governor over all his passions and affections, and had thereby a great power over other men's. He was of an industry and vigilance not to be tired out or wearied by the most laborious, and of parts not to be imposed upon by the most subtle or sharp, and of a personal courage equal to his best parts, so that he was an enemy not to be wished wherever he might have been made a friend, and as much to be apprehended where he was so as any man could deserve to be, and therefore his death was no less con- gratulated in the one party than it was condoled in the other. In a word, what was said of Cinna might well be applied to him : ' he had a head to contrive, and a tongue to persuade, and a hand to execute any mischief.' His death,, therefore, seemed to be a great deliver- ance to the nation." In other words, the death of the noble and fearless Hampden, while it plunged every hon- est English heart into the depths of sorrow, revived in the tyrant Charles and his slavish ministers their hope of being able to trample into the dust once more the laws and liberties of England. SIR HENRY VANE THE YOUNGER. 1612-1662. HENRY VANE, the eldest son of Sir Henry Vane, of Hadlow, in Kent, was borne in the year 1612. His family could trace itself back to the earliest times of the English history.* They sprang from Howel ap Vane, of Mon- mouthshire, whose son, Griffith ap Howel Vane, married Lettice, daughter of Bledwin ap Kenwyn, lord of Powis. Six generations after this mark the date of the battle of Poictiers, where the then representative of the family, Henry Vane, received knighthood on the field as the reward of great bravery. After the lapse of five more generations, one of the branches of the family altered the name to Fane, which was retained by the descendants of his second son, while the issue of his fourth son, John, who had inherited the manor of Hadlow, and other estates in Kent and elsewhere, in con- sequence of the eldest son dying without is- sue, resumed in the second generation the old name of Vane. The eldest son of this last- named John was unwarily drawn into Sir Thomas Wyatt's insurrection, but pardoned, on the score of youth, by Mary, and afterward elected to two of Elizabeth's Parliaments. Henry Vane, the father of the subject of this memoir, was his eldest grandson, and it was by him the ancient name was resumed. Sir Henry Vane the elder is described by Clarendon as a busy and a bustling man, and a rapid glance over the chief incidents of his life will show the correctness of the description. He was born in 1589, and received knighthood from James I. in 1611. He travelled afterward for three years, and mastered many foreign languages. On his return to England, he was elected to the Parliament of 1614 by the city of Carlisle, and from this period, during many years, exerted considerable influence in the cabinets of James and Charles. James had appointed him, soon after his entry into the House of Commons, cofferer to the prince, who continued him in the same office on his own accession to the throne, and made him one of his privy council. In the Parliaments of 1620 and 1625, he continued to sit for Carlisle ; and he served in every subsequent Parliament to the time of his death, having been elected for Thetford in Norfolk, Wilton in Wiltshire, and for the county of Kent. As a diplomatist, he appears justly entitled to high praise ; in other matters, it may not be unjust to use the words of Clarendon, that he had "credit enough to do his business in all places, and cared for no man, otherwise than as he found it very con- venient for himself."! In 1631 he had been appointed ambassador extraordinary to renew the treaty of friendship and confederacy with Christian of Denmark, and also, in a similar character, to conclude on a firm peace and al- liance with Gustavus Adolphus of Sweden. Both these treaties were of great importance to the power and the commercial interests of England, and he concluded both auspiciously. He returned home in 1632, and in 1633 gave a princely entertainment, at his castle of Raby, to Charles, then on his way to Scotland to be crowned, as he did again on a more fatal occa- sion, in 1639, when the king was marching with his melancholy " expedition to Scotland," in which Sir Henry Vane himself had the com- mand of a regiment. In the latter year he was made comptroller of the household, and some months after this appointment received the highest seat in Charles's administration, that of principal secretary of state. The latter years of his life associate themselves with the fortunes of his illustrious son. The mother of the famous Sir Henry Vane was Frances Darcy, of an old family in Essex. She bad many other children, of whom the second son, Sir George Vane, was knighted in 1640, and seated himself in retirement at Long Melton, in the county of Durham, while Charles distinguished himself as a diplomatist under the Commonwealth, when envoy to Lisbon. One of her daughters married Sir Thomas Honeywood,* of Essex, a man of learning and a good soldier ; another, Sir Francis Vincent, of Surrey ; a third married Sir Thomas Liddel, of Ravensworth, an ancestor of the present Earl of Ravensworth ; while the eldest became the wife of Sir Thomas Pelham, the ancestor of those families which are now represented by the Duke of Newcastle, the Earl of Chi- chester, and Lord Yarborough. It may be worth adding, that the present earldom of Westmoreland is held by the lineal descend- ant of that branch of the Vane family who re- tained the assumed name of Fane, and that the present Duke of Cleveland, William Harry Vane, is the lineal descendant of the great statesman whose life will occupy these pages. A dukedom was given, in 1632, as the reward of a disinterested advocacy of popular princi- ples rewarded, in 1662, by a scaffold !f Such were the brilliant auspices which ush- ered Henry Vane into the world. The repre- sentative of a long line of illustrious ancestors, the immediate heir to great wealth, and, as it were, to the favour of the princes whom his father served, a broad and bright path stretch- ed itself out before him, lighted by honours and enjoyments, and leading to luxury and power. * See Wood's Fasti Oxoniensis, part ii., p. 167, ed. Blisa. t It is scarcely necessary to say that allusion is here made to William Harry Vane, baron Raby of Raby Castle, and duke of Cleveland, known, before the accession of his present titles, as the Earl of Darlington, and also as the Marquis of Cleveland. He had an enormous interest at stake in the existence of the rotten boroughs, and yet voted in the House of Lords for their extinction on the memora- ble 4lh of June, 1632, when that great measure of reform was consummated which his illustrious ancestor the states- man whose life is written in these pages had been the first to propose to Parliament. He received his dukedom early in the following year, with the addition of the very barony of Raby, in appropriating which, two centuries before, Lord Stratford had given such mortal offence to the elder Sir Henry Vane. The authorities for the pedigree of the Vanes will be found in the Biog. Brit., vol. vi., p. 3989 ; and in Collins's Peerage, vol. iv., p. 290. 266 BRITISH STATESMEN. He received his education at Westminster school, under the care of Lambert Osbaldiston, and was school-fellow with Arthur Hazlerig, Thomas Scot, and others whom active partici- pation in public affairs subsequently rendered famous.* Here, yielding for a time to the im- pulses of his youth and station, he entered wildly into the gayeties of both, and they soon showed him, by the light of sudden and awful contrast, a fiery sincerity in his soul, which had nothing in common with such things, but marked its owner out for serious and great achievements, and whispered to him, even then, of the possible regeneration of mankind. He shall describe the first dawning of this change in his own words, as he described it in after years to the multitudes who had assem- bled to see him die : " I was born a gentle- man ; had the education, temper, and spirit of a gentleman, as well as others ; being, in my youthful days, inclined to the vanities of this world, and to that which they call good fellow- ship, judging it to be the only means of accom- plishing a gentleman. But, about the four- teenth or fifteenth year of my age, which was about thirty-four or five years since, God was pleased to lay the foundation or groundwork of repentance in me, for the bringing me home to himself, by his wonderful rich and free grace, revealing his Son in me, that, by the knowledge of the only true God, and Jesus Christ whom he hath sent, I might, even while here in the body, be made partaker of eternal life, in the first fruits of it."t His father appears to have remonstrated bitterly against his unworldly change. " Yea," observes Sikes, " this change and new steering of his course contracted en- mity to him in his father's house." And in the year after its occurrence he was sent as a gentleman commoner to Magdalen College, Oxford, where it is possible his father may have hoped that in such a nursery of dissipa- tion and fantastic forms the youth might be * Wood's Ath. Ox., vol. iii., p. 578, ed. Bliss. t Vane's speech on the scaffold, from a pamphlet " print- ed in the year 1662." A very extraordinary publication of the same year, to which I shall have very frequent, occasion to refer, and which was written by one of Vane's associates, thus described this change in his habits and way of life : " He was born a gentleman. My next word is so much too big for that, that it may hardly seem decorous to stand so near it. He was a chosen vessel of Christ, separated (as Paul) from his mother's womb, though not actually called till 14 or 15 years' standing in the world ('twas longer ere Paul was called) ; during which time, such was the com- plexion and constitution of his spirit, through ignorance of God and his ways, as rendered him acceptable company to those they call good fellows (yet, at his worst, restrained from that lewdness intemperance sometimes leads into, which he hath been oft heard to thank God for), and so long he found tolerable quarter amongst men. Then God did, by some signal impressions and awakening dispensations, startle him into a view of the danger of his condition. On this, he and his former jolly company came presently to a parting blow." The title-page of the very singular and val- uable book from which the above extract is taken runs in these words : " Life and Death of Sir Henry Vane, Knight ; or, a short Narration of his earthly Pilgrimage, together with a true Account of his purely Christian, peaceable, ipiritual, Gospel Principles, Doctrine, Life, and Way of worshipping God, for which he suffered Contradiction and Reproach from all sorts of Sinners, and at last a violent Death, June 14, Anno 1662. To which is added, his last Exhortation to his Children, the Day before his death. Printed in the Year 1662." The author was George Sikes, a bachelor in divinity, and fellow of Magdalen, in Oxford, where Vane studied, and, it may be supposed, their intima- cy commenced. He was a thorough enthusiast, with all the sincerity and faith, though without the knowledge and various power, of Vane himself. induced to abandon his untoward turn for se- riousness and the realities. Such a hope, if ever entertained, was doom- ed to very decisive disappointment. " At about sixteen years of age," says Anthony a Wood, " he became a gentleman commoner of Magda- len Hall, as his great creature, Henry Stubbe, hath several times informed me ; but, when he was to be matriculated as a member of the Uni- versity, and so consequently take the oath of allegiance and supremacy, he quitted his gown, put on a cloak, and studied, notwithstanding, for some time in the said hall." He then quit- ted Oxford for the Continent, and, passing through France, spent some time in Geneva,* where his strong tendency to the dispute and discussion of spiritual matters, it will readily be supposed, found little check or hinderance. He brought back with him to England, Claren- don tells us, " a full prejudice and bitterness against the Church, both against the form of the government and the liturgy, which was generally in great reverence, even with many of those who were not friends to the other." Great was the consternation, meanwhile, of the now worthy comptroller of his majesty King Charles's household, the elder Vane. The open disaffection of his son in matters of religion could be concealed no longer : useless had been all threats and persuasions on that score ; still more useless the endeavour to tame a yet stronger tendency to Republicanism, by bring- ing the youth within reach of the king. The presence chamber of Chariest had no charms for one to whom the house and heart of Pym were open. A last effort was made, and with a like result. The bishops took the matter in hand. " It was suggested," says his friend Sikes.t " by the bishops to the then king, con- cerning him, ' that the heir of a considerable family about his majesty was grown into dis- like of the discipline and ceremonies of the Church of England, and that his majesty might do well to take some course about him.' On this, the then Bishop of London took him to task, who seemed to handle him gently in the conference, but concluded harshly enough against him in the close." Such a conference, and such a close to it, may be well imagined. The supreme self-confidence of Laud, lashing itself into imperious and passionate wonder against the calm and immovable reason of the young Republican recusant, is precisely what was likely to have been, and was also an exhi- bition in no way likely to increase the Church's claims to obedience or respect in the person of her most eminent prelate. These opening passages of the life of Vane are decisive evidences of his greatness. What * Clarendon, vol. i., p. 326, Oxford edition of 1826. t A favourite story of the ribald Royalist prints against young Vane had its origin in these efforts of his father to conquer his popular and Republican tastes, by bringing him into personal contact with the king. On one occasion, the youth was left alone by his father (purposely, no doubt) in the royal presence chamber, when Charles suddenly ap- proaching, Vane as suddenly, resolute to avoid him, hid him- self behind the arras. Charles, perceiving a motion in the hangings, poked with the stick he always carried at that part of the room, till Vane was obliged to come forth, and " retired in confusion." This was an insult, say the self- ishly judging Royalist writers, which the young Republican never forgave. t In the publication referred to above Life and Death of Sir Henry Vane. SIR HENRY VANE. 267 he afterward became he had evidently willed j already. To the mind of such a man, what is Temptation, or what Chancel In no case would they seem to have gone so nearly to overrule and determine the destiny of a man as in this case of the " son and heir" of the favourite minister of Charles I. But the power of Genius is the greatest power that the world has tested yet, and this Vane had. Impelled and sustained by it, he " waved and whistled offten thousand strong and importunate tempta- tions," and dashed the " dice-box of Chance" from her jewelled hand. While his father, ignorant what course to hold with him, looked round in fear lest a hos- tile position, maintained resolutely, might ulti- mately weaken and embarrass his own influ- ence at court, young Vane suddenly announced his determination at once to leave his country, and seek the liberty of conscience denied him here in the new world that had risen beyond the waters of the wide Atlantic. Shortly after, the Rev. Mr. Garrard had a choice piece of news to write to the lord-deputy of Ireland, which he worded thus, with his usual gossiping mixture of truth and falsehood : " Mr. Comp- troller Sir Henry Vane's eldest son hath left his father, his mother, his country, and that for- tune which his father would have left him here, and is, for conscience' sake, gone into New- England, there to lead the rest of his days, being about twenty years of age. He had ab- stained two years from taking the sacrament in England, because he could get nobody to ad- minister it to him standing. He was bred up at Leyden ; and I hear that Sir Nathaniel Rich and Mr. Pym have done him much hurt in their persuasions this way. God forgive them for it, if they be guilty !"* When, twenty-seven years having passed, Sir Henry Vane addressed the English people and posterity from a scaffold, he thus described, in words never to be forgotten, the cause which moved him to this voluntary exile : " Since my early youth, through grace, I have been kept steadfast, desiring to walk in all good conscience towards God and towards man, according to the best light and understanding God gave me. For this, I was willing to turn my back upon my estate ; expose myself to hazards in foreign parts ; yea, nothing seemed difficult to me, so I might preserve faith and a good conscience, which I prefer before all things ; and do earnest- ly persuade all people rather to suffer the high- est contradictions from man, than disobey God by contradicting the light of their own con- science. In this it is I stand with so much comfort and boldness before you all this day." America then stood forward, to the imagina- tions of the enthusiastic and the young, no less than to the oppressed consciences of worn and persecuted men, in the light of a promised land. The progress of her colonization had excited the utmost interest and curiosity throughout Europe ; the fortunes of her first emigrants, glimmering back into the world they had left through the infinite wildernesses and over the vast and dismal ocean which now divided them from it, were strained after by their friends with painful earnestness and wonder ; and, at each successive ship that left with pilgrim pas- * Stafford's Lettert, vol. i., p. 463. sengers to her shores, the admiration and amazement of men increased, that not of the poor, the unfortunate, or the lowly were these voluntary exiles, but rather, in the majority of instances, the most refined and accomplished examples of the civilization of the age. Not alone the scholar and the philosopher, but the wealthy, the high born, and the nobly bred, were thus seen willingly abandoning the classic quiet, the splendour, the refinement of their homes, urged and sustained by those grand de- signs and hopes which, having told them that mankind were born for a better system of gov- ernment and a purer shape of society than ex- isted in the Old World, now pointed out to them an opportunity of testing these exalted aspira- tions in the new and strange lands which had started up so suddenly beyond the vast and dis- mal ocean. The work, thus begun by pure philanthropists, was carried out to an extra- ordinary extent by Laud's terrible system of Church government ; and, for many months before Vane so suddenly formed his resolution of exile, successive multitudes of sufferers for conscience' sake had been driven from their native country to take refuge in New-England, as the last home that was left for religion or for liberty. In glancing at the infancy of the American colonies, even thus briefly, several considera- tions of great interest suggest themselves as to the peculiar forms and habits of society which were of necessity incident to that early state, and the intellectual influences which again, as a matter of course, sprang out of these forms. It will be a matter of importance to follow them, as far as we may, in their probable or possible effects upon the mind of Vane. The extraordinary spectacle of two extreme points of human progress brought back into direct contact, which awaited his landing on the American shores, could hardly be pre- sented to such a mind without an effect scarce- ly less extraordinary. There he had to see a reunion of the city and the wilderness, a junc- tion in the same men of the habits which belong to the highest advances of refinement, and to the most rude and primitive condition of hu- manity. In log-houses he would have to seek, not vainly, the most studiously polished man- ners of civilization ; for " the same person whose evenings were spent in the studies of philosophy, learning, and religion, was engaged during the day in the midst of the forest, or floating in a bark canoe ;"* toiling in labours which were the occupations of the rudest and most barbarous ages, the employments of the period when " Nature first made man, And wild in woods the noble savage ran." Vane was not suffered to depart without many peevish remonstrances from his father ; but it is said the king interfered at last, and in- timated a wish for the absence of the young Republican. t A characteristic circumstance awaited his presence on board the passage-ship. The Pu- ritans and Noncpnformists already assembled 268 BRITISH STATESMEN. for the same distant voyage, instead of wel- coming their illustrious fellow-exile, shrank from him with coldness and suspicion. He was the son of a minister of the king ; he had a face that beamed with lustrous imagination ; and he wore long hair ! " His honourable birth," says his friend Sikes, "long hair, and other circumstances of his person, rendered his fellow-travellers jealous of him, as a spy to betray their liberty, rather than any way like to advantage their design." The old, vulgar, and never-failing resource, when we can find no better objection to a man ! Clarendon has a remark of the same kind in his history : " Sir Harry Vane had an unusual aspect, which, though it might naturally proceed both from his father and mother, neither of which were beau- tiful persons, yet made men think there was somewhat in him of extraordinary ; and his whole life made good that imagination."* A few short and pithy words out of Sikes's rhap- sody furnish no bad result to that style of ob- jection in the case of the Puritan voyagers : " But he that they thought at first sight to have too little of Christ for their company, did soon after appear to have too much for them." Vane landed at Boston, in New-England, in 1635, and was admitted to the freedom of Mas- sachusetts on the 3d of March in the same year. Whatever his first reception by the colonists may have been, his character and his powers very speedily attracted universal attention ; and it became the theme of wonder and admi- ration with them all, that such a man, so fitted by his talents and his position to sway the des- tinies of men in courts and palaces, should " choose the better part" with the remote and unfriended exiles of the obscure wildernesses of Massachusetts. In 1636, after a very short residence among them, and while he had not yet completed his twenty-fourth year, " Mr. Vane" was elected governor of the colony. Clarendon describes the population of Mas- sachusetts at this time, garbling truth with falsehood, as " a mixture of all religions, which disposed the professors to dislike the govern- ment of the Church ; who were qualified by the king's charter to choose their own government and governors, under the obligation ' that every man should take the oaths of allegiance and supremacy,' which all the first planters did, when they received their charter, before they transported themselves from hence ; nor was there, in many years after, the least scruple among them of complying with those obliga- tions : so far men were, in the infancy of their schism, from refusing to take lawful oaths." In the same passage of the history, Vane's election and government are thus described : " He was no sooner landed there but his parts made him very quickly taken notice of; and very probably his quality, being the eldest son of a privy-counsellor, might give him some ad- vantage, insomuch that, when the next season came for the election of their magistrates, he was chosen their governor, in which place he had so ill fortune (his working and unquiet fancy raising and infusing a thousand scruples of conscience, which they had not brought over with them, nor heard of before), that, he un- satisfied with them, and they with him, he * Vol. i., p. 326. transported himself into England, having sowed such seed of dissension there as grew up too prosperously, and miserably divided the colony into several factions, and divisions, and perse- cutions of each other, which still continue, to the great prejudice of that plantation ; insomuch as some of them, upon the ground of their first expedition, liberty of conscience, have with- drawn themselves from their jurisdiction, and obtained other charters from the king, by which, in other forms of government, they have en- larged their plantation, within new limits adja- cent to the other."* Nor by Clarendon alone has Vane's administration been thus spoken of, but by writers of better faith and a nobler pur- pose, whom it is difficult to imagine wilfully lending themselves to the propagation of error, t A simple detail of the short administration of Vane, derived from various sources, all of them above suspicion,:): will be the best answer to statements of this kind. It is true that that administration was in its duration brief and stormy, and not successful in its result ; but greatness, truth, and goodness are of more val- ue than length of years, than quiet, or success. Vane had many serious difficulties to contend against, even before a single act of his govern- ment was known. The principal persons in the colony had been already gravely prejudiced against him by the extraordinary enthusiasm, he had called forth among the great and gen- eral body of the settlers ; for there is no worse crime than the power of awakening the enthu- siasm of multitudes, in the eyes of those who have no such power. The day on which he assumed office saw a formidable party arrayed against him, determined, on no better grounds than this, to embarrass his government at ev- ery step. The influences which operated at that early time in the annals of Massachusetts, and particularly disposed the people, always prone to controversy, to be torn and divided by the factions and intrigues which might be set afloat in the young colony, were, of course, favourable to the success of the design. Nevertheless, in Vane's discharge of the first and most ordinary duties of the station of chief magistrate, he manifested a firmness, energy, * History of the Rebellion, vol. i., p. 327, 328. t See Mather, book iii., p. 77 ; Neale, vol. i., p. 144 ; and the works of R. Baxter, passim. Mather has the following remark : " Mr. Vane's election will remain a blemish to their judgment who did elect him while New-Eng-land re- mains a nation ; for, coming from England a young, unex- perienced gentleman, by the industry of some who thought to make a tool of him, he was elected governor ; and, before he was scarce warm in his seat, fell in with the sectaries, and sacrificed the peace of the state to them, leaving us a caveat that all good men are not fit for government." Bax- ter, in his life, after speaking of Vane in the thoughtless phrase he too often adopted towards him, indulges the fol- lowing utterly fictitious statement of his unpopularity in. New-England : " He was fain to steal away by night, and take shipping for England, before his year of government was at an end." (Abridgment, p. 98.) The entire untruth of this will be shown. t Winthrop's History of New-England, the edition by Savage ; Hutchinson's Collection of Original Papers ; the second series of an extensive American work of history, called the " Massachusetts Historical Collections," and in- cluding, in its 6th and 7th volumes, Hubbard's " General History of New-England ;" and, lastly, a Life of Vane, as " fourth governor of Massachusetts," by an eloquent and accomplished American writer, Mr. Charles Wentworth Upham, published a few years since in the course of a se- ries of American biographies, and to which I feel most hap- py in confessing several important obligations. His admira- ble sketch of the Hutchinson controversy has been, in par- ticular, a great assistance to me. SIR HENRY VANE. 369 and wisdom truly remarkable in one of his early age and previous history. " He adapted him- self," says Mr. Upham, "readily to his situa- tion ; made himself acquainted with the inter- ests and relations of the colony ; and concerted the operations of the government, which, in reference to the Indians, were particularly in- teresting at that period, with promptitude, skill, and effect." Men of great learning and old experience surrounded him ; but in every measure of resource or ready practical wisdom he rose above them all ; while in the intricate and profound discussions that occurred during his administration, embracing as they did the most perplexed questions of theological meta- physics, he bore his part in a manner which at once placed him on a level with the first divines of that age, and well deserved the praise of " wisdom and godliness," which his famous competitor and successor in the government, Winthrop, unreservedly bestowed upon him.* The announcement of his election had been received with immense enthusiasm by the peo- ple ; and, to increase the demonstrations of popular satisfaction, a salute was fired by the shipping in the harbour. Fifteen large vessels were at that time in port. Some few days af- ter the firing of this salute, a deputation of the leading men of the colony waited on Vane, and represented to him that the presence of such a large force of foreign vessels was in itself a formidable and disagreeable circumstance in the condition of a feeble settlement, which could not rely on the sympathy of the mother- country any more than it could upon the friend- ship of other powers. Whatever the motives for such a representation may have been, there was justice in it, and this Vane acknowledged at once. It was at least a matter of no doubt with every reflecting person, that the influence of the manners and habits of the officers and men of these ships could not be other than in- jurious to the morals and social condition of the inhabitants of the town. A prevention of the evils, therefore, that might have sprung from such a source, was the first act of the government of Vane. With- in a week after his election, he took measures to this end, which decidedly illustrate his tact in affairs, and his " skill and success in mana- ging men." He invited all the captains of the ships to dine with him ; and, taking advantage of the generous dispositions that are born of a good dinner, laid the whole case before them. The conversation is described to have been conducted with infinite frankness and the friend- liest spirit on both sides ; and the natural re- sult was, that the captains consented, " readily and cheerfully," to the agreement proposed by Vane, and which ran thus : " First, that all in- ward-bound vessels should come to anchor be- low the fort, and wait for the governor's pass before coming up to the town ; secondly, that, before discharging their cargoes, their invoices should in all cases be submitted to the inspec- tion of the government ; and, thirdly, that none of their own crews should ever be permitted to remain on shore after sunset, except under ur- gent necessity.! * TJpham, p. 109. t Winthrop's History of New-England, Savage's ed.,vol. i., p. 187. TJpham's Life, p. 111. The very next incident of Vane's govern- ment furnishes a striking illustration of his own character, no less than the character of the men he had to deal with, and who were necessarily associated with him in the govern- ment. It was in itself of little intrinsic impor- tance, but it afforded the first occasion of ac- tive opposition to the young governor. The mate of an English ship, called the Hec- tor, then lying at anchor in Boston harbour, in an excess of loyal indignation because the king's colours were not displayed at the fort (which was not then the custom), declared, one day, on the deck of his vessel, and in the presence of many of the inhabitants of the town, then visiting her, that the colonists were all " trai- tors and rebels." The expression was quickly communicated from the ship and circulated through the town : a violent excitement against the mate was the immediate and very natural consequence ; and so high did it run at last, that it became necessary to take official cogni- zance of the offence that had provoked it. Vane accordingly sent for the captain of the ship, and', after acquainting him with the affair, despatched a marshal, accompanied by other of- ficers of the law, to arrest the offender. The crew, however,, refused to deliver up the mate in the captain's absence, upon which the cap- tain himself accompanied the marshal to the vessel, when the mate was at once surrender- ed, and made an ample and satisfactory apol- ogy to the civil authorities. But, the dignity of the colony vindicated, another care present- ed itself to the scrupulous thoughts of Govern- or Vane, scarcely less important than that call ed forth by the insult so atoned for, since it in volved what might possibly be the just and well grounded feelings of conscientious men. He had seen that some circumstances con nected with the transaction I have just descri- bed had been " taken very much to heart" by the general body of officers of British vessels in the port, and he now at once summoned them to a conference with himself and the ma- gistrates of the colony, in which he requested a free expression of whatever had occurred to them. They observed, in reply, with much courtesy and temper, that it was more than likely the circumstances of the recent dispute might be made known to the authorities in England, and represented there in such a man- ner as to create a prejudice against the colony, and bring its loyalty into suspicion ; and that, therefore, as sincere friends of the colony, it would be very agreeable to them could they te enabled to say that they had seen the king's colours flying in Boston. For the captains a courteous and fair request, but for the conscience-suffering, recusant Pu- ritans a most distressing dilemma ! On the one hand, it was clear, as Mr. Upham urges, that for a colony, holding its very being under a charter from the crown, to refuse to acknowl- edge the king's sovereignty by displaying his flag, and that, too, when it was requested for the purpose of rescuing its loyalty from mis- representation, would look like a very unrea- sonable procedure, and almost seem to justify the expressions for which the mate had been humbled and punished.* But then, on the oth- * American Biography, p. 113. 270 BRITISH STATESMAN. er hand, it would have filled the whole country with horror had the flag been hoisted, for on that flag was represented the PAPAL cross an abomination no Puritan could bear ; and En- dicott himself, one of the leading emigrants, whose daring hand had before torn it from the royal ensign,* was one of the board of magis- trates who were so politely requested to hoist that very ensign, cross and all ! A lucky accident seemed to offer the hope of escaping both horns of this dilemma ; they could not hoist the king's flag, for there were no such colours in the whole colony, t The captains, unfortunately, had a resource at hand. They offered to lend or give a set of the king's colours to the colony to be displayed on the occasion. Vane now saw that all chance of evading the question was quite shut out, and urged upon the magistrates the necessity of meeting it fairly and openly. This reasonable answer was accordingly returned : that al- though they were fully persuaded that the cross in the colours was idolatrous, yet, as the fort belonged to the king, they were willing that his own flag should fly there. The conference thus closed, however, was doomed to be reopened the following day with greater violence. The case and its result had been submitted in the evening to the consider- ation of the clergy, a practice exacted from the government on all disputed questions, and the proceedings of Vane and the magistrates did not meet their approbation. It was thought a grave error to have sanctioned, upon any terms whatever, the display of the king's flag, that badge of Romish superstition, over Puritan soil ; and the court was therefore again assem- bled, and the captains summoned to appear next morning, when the previous minute of the board was reconsidered, and, after a stormy debate, a majority of the magistrates voted to refuse what they had granted the day before. Vane now interfered with his authority as governor of the colony ; and in a temperate but earnest remonstrance, after vindicating the strength and purity of his own religious faith, pointed out to the assembled magistrates that that must be a very far-fetched and excessive scruple, not to say an absurd or capricious one, which would induce them to refuse to recognise the king's authority in his own dominions, on his own fort, by a ceremony innocent in itself, and * American Biography, p. 113. t Mr. Upham remarks, upon the curious circumstance that not a single royal ensign could be found in Massachu- setts in 1636, that it indicates the substantial independence of the colony at that early period. It did not attract the notice, and was therefore out of the reach of the royal pow- er ; and not merely of the royal power, but of the very in- signia of that power. The people would not have anything among them which would tend in the least degree to re- mind them of the hierarchy or the throne. Mr. Upham adds : " When, in the course of the present year (1834), a British vessel of war arrived in the harbour of Salem, in Massa- chusetts, and it was proposed, according to international usage, to observe the civility of displaying from the vessel the flag of the United States, and from the town the flag of Great Britain, it was found necessary to borrow colours for the occasion from the British vessel herself. This circum- stance was noticed as indicating the absence of all relations between the port of Salem and Great Britain at the time of its occurrence. A similar indication was given, as just re- lated, in 1636 ; and the inference is more than fanciful ; it is just and obvious, that the actual connexion between the colony of Massachusetts and the mother-country, at the be- ginning, was scarcely greater than that of the town of Sa- lem with England at the present day." which was requested for the avowed purpose of preserving peace and harmony, and prevent- ing a misunderstanding between the colony and the people of England, under circumstances that would certainly be highly injurious, and, it was possible, might become even ruinous to the colony. The magistrates, with one excep- tion, remained unmoved by this appeal ; the jealousy of Vane, which had for some time rankled in the breasts of the leading settlers, had now found an outlet ; and even Winthrop, the founder and patriarch of the colony, a man of eminence and excellent dispositions, was in- duced to place himself at the head of the ob- stinate objectors. Upon this, Vane, supported only by the magistrate alluded to, Mr. Dudley, announced his determination to avail himself of his privilege as governor, and, under a protest against acknowledging the idolatrous sign upon the flag, to display it from the fort on his own personal responsibility and that of Mr. Dudley.* This was the commencement of that hostil- ity to the young governor which, availing it- self not long after of the fury of a theological controversy, ultimately brought his administra- tion to a close. But will it now be doubted, in these days of reason and toleration, which of the parties were in the rights which course was the fairest, the most just, the most en- lightened 1 It appears to me, that by the light which is thrown on Vane's character, even thus early, by an incident of this sort, we may re- duce to fine and eloquent sense many passages in Sikes's tribute to his friend, which have hitherto passed for absurd and incoherent rhap- sodies. Two may be quoted here. " His principles, light, and wisdom were such, that he found the bare relation of his utmost aims among his fellow-labourers would in all probability so expose him to censure from all parties and sizes of understanding, as would disable him for doing anything at all. He was therefore for small matters rather than nothing, went hand and hand with them, step by step, their own pace, as the light of the times would permit. He was still for quitting the more gross disorders in church and state, corruptions in courts of judicature, popish and superstitious forms in religion and ways of worship, for what he found more refined and tolerable. But he ever refused to fix his foot, or take up his rest, in any form, company, or way, where he found the main bulk of profess- ors avowedly owning but such outward prin- ciples of life and holiness as to him evidently lay short of the glory, righteousness, and life hid with Christ in God. He was still for press- ing towards the mark. He was more for things than persons, spirit than forms. This carriage of his, all along in New-England and in Old, ex- posed him as a mark for the arrow from almost all sorts of people, rendering him a man of con- tention with the whole earth. Yet was he all along a true son of peace, a most industrious and blessed peacemaker to the utmost of his power, for the reconciling all sorts of conscientious men, whatever variety of persuasion or form he found them in, to one another and to Christ." Refuting again, in another passage, the com- mon report and " general reproach" that was cast upon Vane, that " he was a man of con- Savage's edition of Winthrop, i., 187. Upham's Life. SIR HENRY VANE. tention from his youth up, wherever he came or had to do, in New-England or in Old," Sikes thus continues : " He was no humoursome, conceited maintainer of any perverse or irra- tional opinions, but a most quiet, calm, com- posed speaker forth of the words of truth and soberness at all seasons, upon all occasions, and in all companies. He was full of conde- scension and forbearance, hating nothing more in his very natural temper than wrangling and contention. He would keep silence even from good (though his sorrow was stirred by it, and the fire burned within while he was musing) in case that either wicked or but shortsighted good men were before him that he perceived could not bear more spiritual and sublimated truths. He became- all things to all men, that he might by all means save some. His heart was of a right scripture latitude ; stood fair and open for any good, but no evil. All sorts of conscientious inquirers after truth found a friendly reception with him ; yea, he was in a constant readiness to perform any warrantable ci- vilities to all men. Anything that was good he owned and cherished in the honest moral heathen, legal Christian, or spiritual believer ; and he sought opportunity by honest insinuations to ' catch them with guile,' and lead them forward into more excellent truths." In such passages as these, a divinely beauti- ful character is depicted, and one which the reality will not be found to fall short of. Vane's great influence with the people of the colony enabled him for some time to withstand effectually the hostility of its chiefs ; and we find that early in July he started on a tour through the towns on the northern and eastern parts of the Bay, and made a public entrance into Salem on the 9th of that month, amid ev- ery demonstration of affection and enthusiasm. Mr. Upham states that he sought upon the spot in vain for any records of this great event, as no doubt it was considered by the people of that ancient town ; but in their absence he in- dulges a picture of the scene, as fancy and probability might delineate it.* Such a picture would have little interest for the English read- er, uninstructed in the distant locality, but the simple idea which suggests itself to the mind of the general character of a progress such as this of Vane must have been, includes many considerations of interest. We cannot refrain from speculating on the effect likely to have been produced on the extraordinary mind of the chief actor in the pageant, as he moved along the winding streets of a succession of straggling quiet villages, then for the first time, perhaps, alive and stirring with a great emo- tion all eyes gazing and all hearts excited as the son of the chief minister of the English king, self-banished from a palace to a wilder- ness, thus passed along, invested with all the power that the dwellers in his chosen exile had to give ; " old men and matrons, young women and children of every age, thronging round the door-stones and gathered at the windows," be- fore which the procession pursued its line of march ; while, through the slight breaks of the surrounding woods, might be caught glimpses of the neighbouring Indians, assembled at in- tervals to watch the passing show, and gazing * American Biography, p. 113-120. at all its strangeness with an interest and won- der but poorly concealed beneath the constrain- ed and sullen silence which resented the white men's intrusion. Soon after Vane's return to Boston, the oc- currences which led to what is called the Pe- quot war commenced, of which it is only ne- cessary to observe, that by the influence of Vane, exerted in various ways, many of the Indian tribes were withheld from joining in hostilities against the English. In nothing were Vane's wisdom and benevolence more strikingly illustrated than in the course of jus- tice and conciliation he invariably pursued to- wards that noble race of men. We find that on his invitation, on the 21st of October in this year, the sachem of the Narragansetts came to Boston, accompanied by two sons of Canon- icus, Cutshamakin, another sachem, and twen- ty other Indians, and that these gallant sons of the forest were treated by Governor Vane with marked kindness and attention. They dined in the same room and at the same table with himself, and after a long and friendly con- ference, the result was a treaty of peace an His words are : " For though he set up a form of reli- gion in a way of his own, yet it consisted rather in a with- drawing from all other forms, than in any new or particular opinions or forms ; from which he and his party were called. Seekers, and seemed to wait for some new and clearer man- ifestations. In these meetings he preached and prayed often himself, but with so peculiar a darkness, that, though I have sometimes taken pains to see if I could find out his meaning in his works, yet I could never reach it. And since many others have said the same, it may be reasanable to believe that he hid somewhat that was a necessary key to the rest. His friends told me he leaned to Origen's notion of a uni- versal salvation of all, both of devils and the damned, and 290 BRITISH STATESMEN. rious passages, studiously endeavours to mis- represent or laugh at* and all modern writers, with one single exception, t have either studi- ously evaded, or spoken of with ingenuous pity or a wholesale contempt. The candid critic in the Spectator, who " had read Aristotle, and found him not such a fool as he thought him," showed greater ability and much more honesty than these critics of Sir Henry Vane. But this subject cannot be brought too dis- tinctly before the reader in an endeavour to do tardy justice to the memory of one of the great- est men of our history. He will bear inquiry best into the matters for which he has been the most vehemently assailed. The peculiar action of the will in Vane's ar- gument upon the fall of man receives illustra- tion from another passage in his writings upon the relation of the will to all that is noblest in man's soul. " The will only is truly man's own, and the considerable part of the reason- able soul. On it depend the issues of good or evil, life or death. All the rest of a man, his understanding, memory, imagination, may be taken from him, altered, troubled by a thousand accidents. But the will is so much in our own power that it cannot be taken away, though its action may be hindered. 'Tis our own till we knowingly and freely give it away, which may be. And he that hath once absolutely given up his will to another is no more his own man. He hath left himself nothing of his own. 'Tis by the will we are good or evil, happy or un- happy." His enthusiasm was indeed highly and pas- sionately wrought on many incidental points of faith, but the character of his mind in all the practical applications of those exalted views was infinitely sober, subtle, well regulated, and exact. No worldly failures in his own case had the power of disheartening the great reli- ance with which " to the mark" he still press- to the doctrine of pre-existence." (Hist, of his own Time, fol. 1724, i., 164.) * " Vane was a man not to be described by any character of religion, in which he had swallowed some of the fancies and extravagances of every sect or faction, and was become (which cannot be expressed by any other language than was peculiar to that time) a man above ordinances, unlimit- ed and unrestrained by any rules or bounds prescribed to other men, by reason of his perfection. He was a perfect enthusiast, and, without doubt, did believe himself inspired, which so far corrupted his reason and understanding (which, in all matters without the verge of religion, was inferior to that of few men), that he did at some time believe he was the person (!) deputed to reign over the saints upon earth for a thousand years." (Hist, of Rebellion, vi., 373.) I need not quote, as I might, fifty similar passages from his history : in charity it is right to add, that in private inter- course with his friends, even Clarendon could moderate something of the inveterate hostility with which, to the scaffold, he pursued Vane. In some remarks on " Cressy's answer to Stillingfleet" (reported in the Biog. Brit.), he thus speaks, with half candour, of one of his religious books : " Which when I had read, and found nothing of his usual -clearness and ratiocination in his discourse, in which he used much to excel the best of the company he kept, and that the style thereof was very much like that of Sancta Sophia, and that in a crowd of very easy words the sense was too hard to find out, I was of opinion that the subject-matter of it was of so delicate a nature that it required another kind of preparation of mind, and it may be another kind of diet, than men are ordinarily supplied with." This is more true than the writer intended, as applied to his own " prepara- tion of mind," and that gross "diet" which withheld the pampered chancellor from sympathy with such a spirit as that of Sir Harry Vane. t In an early number of the Westminster Review a very able notice appeared under the title of " Vane and Bunyan," which was written in the best spirit. ed forward. " The goodness of any cause i not merely to be judged by the events, wheth- er visibly prosperous or unprosperous, but by the righteousness of its principles ; nor is our faith and patience to fail under the many fears, doubts, wants, troubles, and power of adver- saries in the passage to the recovery of our long-lost freedom ; for it is the same cause with that of the Israelites of old, of which we ought not to be ashamed or distrustful." And in another most wise and tender passage of philosophy he speaks thus : " Evils themselves, through the wise over- ruling providence of God, have good fruits and effects. The world would be extinguished and perish if it were not changed, shaken, and dis- composed by a variety and interchangeable course of things, wisely ordered by God, the best physician. This ought to satisfy every honest and reasonable mind, and make it joy- fully submit to the worst of changes, how strange and wonderful soever they may seem, since they are the works of God and nature, and that which is a loss in one respect is a gain in another. " Let not a wise man disdain or ill resent anything that shall happen to him. Let him know those things that seem hurtful to him in particular, pertain to the preservation of the whole universe, and are of the nature of those things that finish and fill up the course and office of this world." Of his views in regard to the necessity of that preparation of man for his better and wiser state, which has already been explained in a former passage to imply in its results that di- vine advent which his imagination took such fervent delight in, the following most striking passage from the Retired Man's Meditations will afford a farther illustration and example : " But there is a duty of the day, a genera- tion-work, respecting the time and circum- stances of action, in which the lot of our life is cast, which calls upon us to use all lawful and righteous means that are afforded by the good hand of God, through the inward light and knowledge he vouchsafes, and outward providences and helps which he casts in, where- by to make way for, and to be hasting unto, the coming of that day of God wherein the old heavens and earth shall be rolled away as gar- ments, yea, with the works that are therein, be burned up, and the new heavens and the new earth, wherein dwelleth righteousness, shall be brought forth in their room. " Our part is the same, therefore, in this, as in the practice of other righteous duties apper- taining to us, the perfection whereof we can- not expect until the redemption of the body ; and yet we are to be using all lawful means and endeavours to come as near the primitive pattern and rule as we can, in our whole prac- tice throughout. " So that when once we have well consider- ed what rule Christ himself, if he were on earth, would exercise over men in protecting those that do well, and being a terror to evil works, as also in distributing righteousness equally and impartially unto all upon the grounds of right and just (which every one, in the measure of light they have attained, are acquainted with, and do acknowledge for the SIR HENRY VANE. 291 nite which they are willing to be concluded under, as to all their outward concerns), we ought in the way of Christ, and in the use of all lawful means, to he as near this in our prac tice as possible we may, in the rule over men which we shall be either as principals or acces- sories in setting up, holding ourselves obliged in heartiness and freedom of mind to maintain. In a previous memoir in this series I spoke of the extraordinary influence which the trans- lation of the Bible had exerted in the world. To Vane it was, indeed, what Plato's " original type" may have been to the enfeebled and rest- less man of civilization, who wished, by such a comparison, to ascertain his precise position in the moral or intellectual scale. What he knew of its own original language* gave addi- tional strength to his passion for its study, and in the leisure he could abstract from public af- fairs it was seldom out of his hands. t It is no * " Hebrew words were fitted to the things they signi- fipd ; there was a certain connexion between things and words. All other words, as they come less or more near to the Hebrew, do more or less significantly represent the things meant by them. The more any language recedes from the Hebrew, the more it is confounded by human chan- ges and additions, the more obscure and difficult means are the words thereof for conveying the knowledge of things to us. Homer and other Greek poets and philosophers set themselves therefore to etymological learning, by reducing the primitive words in other languages to their Hebrew roots, and then the derivative to those principles. This they laboured in, as the most notable means conducible to the knowledge of things. Then Chrysippus, Demetrius, and abundance of others, wrote books of etymology. Then the Latins, receiving learning as well as the empire from the Greeks, steer the same course, in order to etymological discipline, as the choicest means to lead men into the knowl- edge of things. Cato, Varro, and other ancient and famous Latins, wrote many volumes to this purpose. Of later times, on the same account, did Julius Csesar, Scaliger, compose a hundred and tea books de originibus. Then Jo- seph Scaliger, son of Julius, Lipsius, Casaubon, and many others, steered the same course." Sikes's Thoughts of Vane. t Sikes thus describes one of Vane's domestic practices : " The usual practice of this sufferer was to spend an hour or two every evening with his family, or any other that were providentially there, and as much both morning and even- ing on the first day. He was of that truly bounteous, princely, communicative spirit noted in the Spouse: rich in good works, ready to distribute, willing to communicate, to make manifest the favour of the knowledge of Christ, that himself had deep and large experience of, in every place. His gravity, purity, and chasteness of spirit were very ex- emplary. He held out in the midst of all the late apostacies and changes. He was steadfast and immovable, always abounding in the work of the Lord, and his labour was not in vain, as he well knew. So assiduous was he in continual searching of the Scriptures, waiting upon the Lord in faith and prayer for more full discoveries of his mind therein, that it was said of him, put him where you will, if he may have but a Bible, he is well enough ; as Jansen (of whom the Jansenists in France) reckoned himself with Austin." In a subsequent passage Sikes farther illustrates the beau- tiful toleration of Vane, in describing his views of the insti- tution of the Sabbath. They who so busily trouble them- selves in legislating for " bitter observance" of that fay, and would bestow upon mankind no portion of their care on any other, may read the passage with great advantage : " He accounted the Jewish Sabbath ceremonious and temporary, ending upon the coming of the Son of Man, who was Lord of the Sabbath day. And if he had thought that which is commonly observed in the room thereof to be rather a ma- gistratical institution among Christians in imitation of the Jewish, than that which hath any clear appointment in the Gospel, the apostle would not have him judged for it. ' One man,' says he, ' esteems one day above another ; another esteemeth every day alike. Let every man be fully per- suaded in his own mind. He that regardeth a day, regard- eth it unto the Lord, and he that regardeth not the day to the Lord, he doth not regard it.' This I can say, he usually took the opportunity of spending more time in exercise and prayer in his family, or other Christian meetings, on that day than on any other. And will any yet say he was a Sabbath-breaker ? If they do, see what company we may find for him under that imputation." matter of surprise that such a mind as his should wander occasionally out of the rich treasures of thought, fancy, imagination, and feeling disclosed in that favourite study in their highest and most passionate forms, into fancies and speculations of its own on the various wonders of those primeval days when inspired teachers walked upon the earth, and angels are recorded to have sat down with men. Even in such speculations observe still the pervading sense of what has been so variously exhibited in passages already given. He speaks of the creation, the nature, and the ministry of angels : " These in their creation are described by the light which God made on the first day, Gen., i., 3, 4, when he said, ' Let there be light, and there was light ; and God saw the light, that it was good ;' approving this first work of his hands in the beginning of that day : and God, by his dividing the light from the darkness, sig- nified the heavenliness of their frame and con- stitution, as they stand exalted and separate in their beings from all sensual life, in the form of invisible spirits, whereof the material heav- ens in their creation are the first shadow ; which are called, Prov., viii., 26, the highest part of the dust of the world ;' as David also (giving account of both their creations together), Psalm civ., 2-4, saith, ' Who coverest thyself with light as with a garment ; who stretchest out the heavens like a curtain ; who layeth the beams of his chambers in the waters ; who maketh the clouds his chariots ; who walketh upon the wings of the wind ; who maketh his angels spirits, and his ministers a flaming fire ;' in which posture and preparation, the Psalmist describes the word as he proceeds to the rest of the creation, vers. 5, 6, &c., intimating that as man in his bodily state was made dust of the ground, so the angels were made a flame of fire in their natural constitution." He follows this up in a passage of rapt poet- ical fervour that would have been worthy of Milton : i( As thus they are this heavenly building, they are the first heavens, the tabernacle and clouds of heaven, or the air, for the daybreak and glorious sun of God's first appearance to run his race and finish his course in, whereby to enlighten the ends of the earth, and all things under heaven. These sons of this morn- ing are the first light-bearers to the inhabitants of the first world, and therein are covering cherubs unto the Son in his own proper glory ; and that they may be enabled to bear light, or the similitude of Christ in his first appearance, unto others, they are first the receivers of that ight in themselves, in a spirituality of being and form fitted and suited thereunto, which ac- ommodates them with the exercise of senses merely spiritual and inward, exceeding high, ntuitive, and comprehensive : a manner of life, shadowing out the divine life in the name of the Father, whose voice is not heard at any time, nor shape seen, but is like a consuming ire, to burn up and slay whatever natural or- an is conversant about it, or stands before the >eams and rays of its most pure and invisible glory." And into the exercise of even such senses, spiritual and inward, high, intuitive, and com- 292 BRITISH STATESMEN. prehensive," it was the ardent hope of this great lover of his fellow-men to see even them one day conducted by the exercise of a purity of intellect and righteousness of will. Such also was the faith of Milton, expressed in later years, when of men and angels the " winged hierarch" spoke to Adam, as " More refined, more spirituous and pure, As nearer to Him placed ; or nearer tending, Each in their several active spheres assign'd, Till body up to spirit work, in bounds Proportioned to each kind. So from the root Springs lighter the green stalk, from thence the leaves More airy, last the bright consummate flower Spirits odorous breathes : flow'rs and their fruit, Man's nourishment, by gradual scale sublimed, To vital spirits aspire, to animal, To intellectual ; give both life and sense, Fancy and understanding : whence the soul Reason receives, and reason is her being, Discursive, or intuitive ; discourse Is oftest yours, the latter most is ours, Differing but in degree, of kind the same. Wonder not, then, what God for you saw good If I refuse not, but convert, as you, To proper substance : time may come when men With angels may participate, and find No inconvenient diet, nor too light fare. . . . To whom the patriarch of mankind replied : O favourable spirit ! propitious guest ! Well hast thou taught the way that might direct Our knowledge, and the scale of nature set From centre to circumference, whereon In contemplation- of created things My steps we may ascend tn God." These illustrations of the religious writings and speculations of Vane shall here be closed, for the present, with some extracts that bring us immediately back to the consideration of the subject which first led to their introduction. All Vane's enthusiasm, all his faith, only ren- dered him unboundedly tolerant of creeds the most opposed to his own.* In the "Retired Man's Meditations," one of the most rigidly theological of his works, the direct assertion of perfect liberty of conscience is a pervading doctrine throughout ; and he thus, in the chap- ter on magistracy, defines what the authority of a civil magistrate should be restricted to, as opposed to the exclusive and intolerant policy of the Presbyterians. " When the Scripture saith that the rule of magistracy is over men, we are to understand by this term the proper sphere, bounds, and limits of that office, which is not to intrude it- self into the office and proper concerns of Christ's inward government and rules in the conscience, but is to content itself with the outward man, and to intermeddle with the con- cerns thereof in reference to the converse which man ought to have with man, upon the grounds of natural justice and right, in things appertaining to this life. " Magistracy, then, is the rule which God hath ordained to be exercised over the outward man, by man himself qualified thereunto, to act in righteousness and in the fear of the Lord in discharge of this his high and great trust ; and so is an office merely respecting rule and gov- ernment over men in their outward concerns, ' " A man maybe orthodox and sound in his judgment as to the principles of religion, and yet, wanting sincere love to Christ and his people, may fall short of heaven ; and, on the contrary, another Christian may err and mistake in many points ; and yet, having sincere love to the truths of Christ, according to that measure of light which God hath vouch- safed unto him, he may be saved. Who art thou that judg- est another man's servant'? to his own master he standeth or falleth." This was ever his divine principle. which is capable to be rightly used or not, ac- cording as the persons intrusted therewith are qualified and do exercise the same, the office of itself being good, and the end for which it is set up being according to God's ordinance and institution for the ministering of punishment to them that do ill, and encouragement and pro- tection to them that do well. " And men may lawfully arrive and attain unto this office and dignity either in an ordi- nary way, through the endeavours and free choice of men, or extraordinarily, by the im- mediate call of God himself to the exercise thereof, making those that are to obey ' will- ingly subject in that day of his power.' " For the office itself, it is (as we have show- ed), in God's institution, a rule that is set up over the outward man in righteousness and in the fear of the Lord, obliging the persons in- trusted with this power to put forth righteous- ness in all their actings that appertain to their public charge." He afterward, in pursuing the subject, reverts to his old faith of the necessity of " working up to God" by constant changes, and improve- ments, and efforts to bring the institution to purity and perfection. " And as in this, the principle of natural justice and right, in their highest improvement, is to be their rule, so the fear of the Lord should oblige them, in an humble dependency upon him, and trembling posture of mind before him, to be watchful in not suffering anything to be done by them that may carry in it hinderance or opposition to the breaking in of higher dis- coveries upon them as to the very exercise of the magistratical office, in the purity and perfec- tion wherein it is promised to be brought forth in the last days by Christ himself, unto which they should always have willing and ready minds to make way and to submit, so that, con- sidered such as God requires it to be, it is man's ruling over men in righteousness, and in the true fear of the Lord. " And this Christ, in his own person, as the Son of Man, is perfectly qualified to do, whose right also it is, having all power in heaven and in earth put into his hands. And his saints, when fitted by him to sit upon the throne of the same glory with him, shall likewise be found prepared to bring forth even magistracy itself in its right exercise, exactly answering the end for which it was set up by God." Where this aim is not followed, he shows the necessary tendency to corruption inherent in the offices of magistracy ; and, as with a prophecy of some of the magistrates in these latter times, ends it thus : " We have already considered magistracy as in its corrupted, de- generated use : it is, in a manner, the throne and seat of the beast, serving to promote and advance the great design and interest of the devil in the world, whereby it doth become part of his kingdom, and hath its place and use in the government that anti-Christ keeps up, to the oppressing and keeping under the dear saints and holy ones of the true and living God." The last extract, from the same chapter of the Retired Man's Meditations, presents a view of the grand object of his whole political life, in. direct association with his religious creed. At SIR HENRY VANE. 293 the period when this was written Cromwell held the government. " For if once the Lord be pleased so far to interfere with their proceedings. Demanding toleration on these grounds, they felt that they were equally bound to concede and assert it enlighten the minds of men in these nations, ! for others ; and they preferred to see a number governors, and people, as to show them the of churches with different sentiments and insti- good of magistracy, as it is in its primitive in- tutes within the same political community, to stitution, and is held forth in promise to be re- the idea of remedying the evil and extermina- stored in the last days, it will then be their de- ; ting error by means of exclusive regulations, sire and delight to inquire and consider, in a and the menaces and severities of punishment.* way of free debate and common consent, on To this illustrious sect belonged nearly the behalf of the good people of these nations (who whole of the army of Manchester, in all these great trials have stood faithful and ! Such was the force arrayed against the Pres- unshaken as to the known cause they have byterians ; a force whose numerical weakness been engaged in), how the rule over them may in the House of Commons and the Assembly be brought nearest to its first institution and of Divinest was counterbalanced by its grow- original pattern in the exercise and practice ing influence among the common people and thereof among them (founded, as we have seen, in the army, and by the superior reason and upon the principles of natural right and just, | power of its leaders. The great and manifold and so exclusive to all private interest and per- struggles which ensued are not, therefore, to sonal concern of any singulars that shall be be considered, what the historians have been found to stand in competition with, or prefer- I fond of naming them, struggles between two ence to, the good of the whole), and how that j sects. The " Independents," as the general which is the ordinance and institution of God j body opposed to the Presbyterians suffered may become also the ordinance and statute of themselves, for party convenience, to be call- man, established in a free and natural way of ' ed, were, it is seen, manyt bound in union by common consent, to the reuniting of all good a common love of liberty of speech and of reli- men as one man in a happy union of their spirits, prayers, and counsels to resist all common danger and opposition which by devils or men may be raised against them." A wide gulf, then, it has been seen, separated gion. The Presbyterians, on the other hand, were one devoted singly and solely to half measures of popular government, and to en- tirely compulsory measures of religious intol- erance ; for in the questions of religion at this Vane from the Presbyterian party on many of period we never fail to see comprised the most the most important questions of civil policy, valuable or the most dangerous maxims of civil but on the side of toleration with him stood government. The House of Lords, and almost also Cromwell, Marten, and St. John, such men ' all the men of great wealth on the side of the as Whitelocke and Selden, and, indeed, the ma- Parliament, secretly or openly favoured the jority of the lawyers, who held with the Eras- tian doctrines. Milton, too, lent to that great cause the astonishing force of his genius ; and in furtherance of its virtuous objects of free- Presbyterians, for the very reason that such opinions in church government were most fa- vourable to their own limited political views. They were tired of the war, and anxious for a dom of speech and of the press, which were j compromise. They also showed, on various held to be the safest guarantees for a perfect occasions, an alarm lest the king should be freedom of conscience, published at this period brought too low. " They did not desire an en- his immortal " Areopagitica," and there antici- | tire victory. What they wished for was an pated, in words of fire, the defeat of the sect j accommodation between the crown and the ar- of Presbyterians : " Methinks I see in my mind j istocracy, in which each of them might secure a noble and puissant nation, rousing herself, i certain favourite objects, and be enabled to die- like a strong man after sleep, and shaking her tate to the nation." invincible locks. Methinks I see her, as an Such was the state of parties at the close of eagle, mewing her mighty youth, and kindling ; the year 1644, when the reverses, still contin- her undazzled eyes at the full midday beam ; ued, of the English Parliamentary forces, and purging and unsealing her long-abused sight at J the presence of the army of the Covenant, the fountain itself of heavenly radiance ; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their Apologetical Narration of the Independents. Godwin, as in the House of Commons, so in this assembly, the " Independent" members were by far the most able. Two of the most considerable of their adversaries have giv- en sketches of them, which will be thought authentic. Clarendon says, " The Independents were more learned and rational than the Presbyterians ; and though they had envious gabble would prognosticate a year of sects and schisms." Lastly, with these great leaders were asso- ciated the Sect of the Independents. These men ! not so great congregations of the common people, yet they had arrived, by somewhat different means, at i infe fed and were followed by the most substantial and *l,o * rpsnlt the. r,,,oc,t;n f K~f~ * i wealthy citizens, as well as by others of better condition." And Baillie, one of the deputies from Scotland, sent to watch over the interests of Presbyterianism in the Assembly, 4 re- lates of them that " truly they speak much, and exceedingly well." And elsewhere, "truly, if the cause were good, the men have plenty of learning, wit, eloquence, and, above all, the same result on the question of liberty conscience. Their religious zeal was intense- ly fervid, but they disapproved equally the Pres- byterian and Episcopal systems. They held that a church was a body of Christians assem- bled in one place, appropriated for their wor- ;riin ami that pvprv vuch horlv wae nnmnlpre ba Pt'st 8 . Millennanans, Fifth Monarchy men ; individuals IMP, ana that every SUCH poay Vias complete , whoe venin these times did not borrow their creed from the in Itself; that they had a right to draw Up the country in which they were born, but thought like citizens rules by Which they thought proper to be regU- of the universe ; and sects, the very names of which have latpd and that nn man nnt a mpmhpr nf thpir perished, all embarked in the sacred cause against Presby- r terian usurpation, and a compulsory uniformity of religioui assembly, and no body of men, was entitled to , worship and belief. boldness and stiffness, to make it out." i Among them Mr. Godwin justly counts Erastians, Ana- 294 BRITISH STATESMEN. pressed hard against the great leaders of the minority in the House of Commons.* Vane called up Cromwell from the army, and with many significant expressions, " a plea for ten- der consciences" was presented at the same time to the House of Lords, the House of Com- mons, and the Assembly of Divines ; enforced in the Commons with consummate power by Vane, Cromwell, and Saint John ; in the House of Lords by Lord Say ; and in the Assembly by the leading ministers of the Independents. This proved an alarming check to the Presby- terians, who were driven, in consequence, to consent to a sort of compromise, and to estab- lish a " directory for public worship," which left much to the will or the capacity of the min- ister who practised under it. Charles seems to have been much struck at this time with the capacity and power exhibit- ed by Vane, and entered into overtures of ne- gotiation with him and Saint John. They hu- moured them only that they might the better acquaint themselves with the king's exact de- sign, taking care, meanwhile, to communicate everything that passed to the speaker, to a committee of the House of Commons to which they belonged, and to the Scots commissioners, that their conduct might be free from suspicion. But Essex, not knowing this, and getting some hint of the matter, laid a complaint against these two as traitors to the cause before the House of Lords. They were, of course, most honourably acquitted.! Essex himself, at the same time, was thanked for his vigilance and zeal. The open and acknowledged treaty of Ux- hridge followed, which need not be detailed in these pages.J The names of Sir Henry Vane the younger and Oliver Saint John we find to have been added, by a special vote, to the com- missioners for the Parliament. It is enough to show the temper of the king in entering on this treaty, to show that it was impossible success * The spirit of the four Scotch commissioners deputed to London to watch over the interests of the Covenant may be gathered from the following : " We purpose," says Baillie, one of the commissioners, "not to meddle in haste with a point of such high consequence (the establishment of uni- formity in church government), till it please God to advance our army, which we expect will much assist our arguments." t Journals, Jan. 17. Baillie, i., 426. Hist, of Com., i., 360. $ Whitelocke, who was one of the commissioners, gives a graphic sketch of this temporary reunion of the chief mem- bers of the hostile parties (all Englishmen onr.e friends !) on this mutual ground. " The commissioners for the treaty on both parts met at Uxbridge, and had their several quar- ters ; those for the Parliament and all their retinue on the north side of the town, and those for the king on the south side, and no intermixture of the one party or their attend- | ants with the other ; the best inn of the one side was the | rendezvous of the Parliament's commissioners, and the best ; inn of the other side of the street was for the king's com- missioners. The evening that they came to town, several : visits passed between particular commissioners of either party ; as Sir Edward Hyde came to visit Mr. Hollis and j Mr. Whitelocke, the Lord Culpepper visited Sir Henry Vane, I and others of the king's commissioners visited several of the Parliament's commissioners, and had long discourses about j the treaty, and to persuade one another to a compliance. Mr. Whitelocke visited Sir Edward Hyde, and Mr. Palmer, and Sir Richard Lane, and others, and several of the Par- liament's commissioners visited d ivers of the king's commis- sioners, and had discourses with them tending to the fur- therance of the business of the treaty. The town was so ex- ceeding full of company, that it was hard to get any quarter except for the commissioners and their retinue ; and some of the commissioners were forced to lie two of them in a chamber together in field-beds, only upon a quilt, in that cold weather, not coming into a bed during all the treaty." (Jan. 29, 1644, p. 122.) could have ever attended it. " As to my call- ing those at London a Parliament," he wrote I to the queen during the preliminaries for the i negotiation, " if there had been two besides myself of my opinion, I had not done it ; and , the argument that prevailed with me was, that the calling did nowise acknowledge them to be a Parliament ; upon which condition and con- struction I did it, and no otherwise ; and, ac- cordingly, it is registered in the council books, with the council's unanimous approbation." Again he writes on a subsequent day : " I as- sure thee that thou needest not doubt the issue of this treaty ; for my commissioners are so well chosen (though I say it), that they will neither be threatened nor disputed from the grounds I have given them ; which, upon my word, are such as we had formerly determined on." " Believe," he once more writes to Hen- rietta, " that I have a little more wit than to place confidence in the fidelity of perfidious rebels." Upon the king the failure of that treaty rested, and on the king's head at last fell all the penalties of that invincible spirit of treachery which nothing could cope with or subdue, so long as a vestige of power or even life remained to him so long as the narrowest loophole was still left through which he could yet catch a glimpse of the darling authority of an absolute throne. The opening of the campaign of 1645 was rendered memorable by one of the most mas- terly strokes of policy, emanating from Vane and Cromwell, that had yet distinguished the statesmanship of the times, and which proved eventually, and that very soon, decisive of the fate of the war. This was the self-denying ordinance and the new model. It had been obvious for a considerable time to Vane and Cromwell, that Essex, Waller, and Manchester himself, all evidently temporizing, and afraid to look steadily at the result of one great and uncompromised victory, must be removed from their command, and the military system of the Parliamentary forces completely renovated, be- fore anything like a perfect success could be looked for. Up to this time they had had suf- ficient proof that " their victories, so gallantly gotten, and in which they had so eminently ex- perienced the favour of Heaven, had been of no avail ;" that "a summer's triumph had proved but a winter's story, and the game, however it seemed well in autumn, was to be played over again in the spring."* They felt not less, that if things went on much longer thus, these very leaders might possibly be made instruments in the hands of the Presbyterians for the betrayal of what they held to be the most valuable con- ditions of their cause. The authorship of this great remedy now resolved upon, which should have the effect, without personal insult, of re- moving these obnoxious men, and accompany- ing with that removal a reorganization and re- enforcement of the army, is ascribed by Clar- endon to Vane. It was, no doubt, the result of deep and anxious deliberation among all the chief men of the Independents. It was opened in the House of Commons on the 9th of December, 1644. On that day the House resolved itself into a committee to con- sider of the sad condition of the kingdom in * Rushworth, vi., 3, 4. SIR HENRY VANE. 295 reference to the intolerable burdens of the war, and the little prospect there was of its being speedily brought to a conclusion. In this com- mittee there was a general silence for a good space of time, one " looking upon another to see who would break the ice,"* when it was at last broken by Cromwell. " Without," he said, " a more speedy, vigorous, and effectual prosecution of the war, casting off all lingering proceedings like soldiers of fortune beyond the sea to spin out the war, we shall make the kingdom weary of us, and hate the name of a Parliament. For what do the enemy say 1 nay, what do many say that were friends at the be- ginning of the Parliament 1 Even this : that the members of both Houses have got great places and commands, and the sword into their hands, and what by interest in Parliament, and what by power in the army, will perpetually continue themselves in grandeur, and not per- mit the war speedily to end, lest their own power should determine with it. This I speak here to our own faces is but what others do utter abroad behind our backs. I am far from reflecting on any : I know the worth of those commanders, members of both Houses, who are yet in power." Cromwell then went on to deprecate any investigation into the conduct of the commanders. He especially recommend- ed " to their prudence not to insist upon a com- plaint as to the oversight of any commander- in-chief upon any occasion whatsoever." He observed that he was himself conscious of over- sights, and well knew that they could scarcely be avoided in military affairs. Therefore, wa- ving a strict inquiry into the cause of these things, he exhorted the committee to apply it- self to some general remedy, " which, without in any way countenancing the particular cen- sure of individuals, might best in future shut out those evils under which they were at pres- ent suffering." The memorable debate which followed is unfortunately not reported. It end- ed, however, in a great discussion on the fol- lowing resolution : " That no member of either House of Parliament shall, during the war, en- joy or execute any office or command, military or civil, and that an ordinance be brought in to that purpose." Vane, who had reserved himself for this resolution, spoke at great length upon it, and with even more than his usual elo- quence, t Whitelocke, separating himself from the party he generally acted with, was its chief opponent. Hollis and the other heads of the Presbyterians seconded him, but without effect. Vane and Cromwell had selected the question with a masterly judgment and foresight ; for the errors in the conduct of the war had been so apparent, that many of the Presbyterians were obliged on this occasion to declare against their chiefs. It does not appear, indeed, that there was more than one division in the prog- ress of the ordinance through the Commons, but that involved its entire spirit ; when, on the 17th of December, a proviso was offered to be added, that the ordinance, and anything con- tained' in it, should not extend to the Earl of Essex, Lord-general. Upon this occasion the * Rushworth, vi., 4. t The report of the debate in Clarendon, including- Vane's speech, is all a gross forgery. (See Hist, of Com., i., 395-398.) numbers stood, for the clause, 93 ; against it, 100. The ordinance had been reported to the House on the llth, was passed on the 19th, and was carried up to the Lords on the 21st of De- cember. Every device was resorted to in that House to defeat by delay what they were most reluc- tant openly to propose. Three times the House of Commons sent up messages, desiring expe- dition, and representing that any delay in pass- ing the ordinance would- be dangerous might be destructive. A select committee was then nominated by the Lords to consider of altera- tions to be introduced, and it is not a little characteristic that of the committee, consist- ing of ten members, four peers, Essex, Man- chester, Warwick, and Denbigh, were persons to whose disadvantage the law would particu- larly operate. A paper of reasons originated in this committee against the substance of the ordinance. In this paper it was observed, that it deprives the peers of that honour which in all ages had been given them, since they had evermore been principally active, to the effu- sion of their blood, and the hazard of their es- tates and fortunes, in regaining and maintain- ing the fundamental laws of the land, and the rights and liberties of the subject ; nor was there ever any battle fought for these ends wherein the nobility were not employed in pla- ces of chiefest trust and command. It was added, that the proposed measure was by no means equal to the lords and commons of Eng- land, since, though some of the gentry and commons were excepted as members of Par- liament, yet that the rest might have liberty to discharge their duty, whether in civil office or the field, whereas the ordinance was proposed to operate as a universal disqualification of the whole hereditary nobility of the country. An- other objection was, that the tendency of the ordinance appeared to them to be such, that, in attempting to put it in force, everything would be thrown into confusion in the armies ; and that, therefore, till the " new model" of what was proposed to succeed was produced, they were scarcely in a position to judge the measure fairly. Finally, after repeated con- ferences between the two Houses, the ordi- nance was rejected by the Lords on the 13th of January.* The last-named objection was at once, with masterly promptitude, laid hold of by the states- men of the lower House, and the very day after the delivery of the reasons from the Lords, the committee of both kingdoms reported to the Commons a new model for the constitution of the army. This consent of the committee of both kingdoms, including the four Scotch com- missioners, is supposed to have been achieved by Vane's mastery over the Marquis of Argyle, who had just arrived in London. t It was an- other decisive advance in influence secured for the Independents. On the 19th of January the scheme of the new model was laid before the House of Commons, and the names of the principal officers who were to have command in this army were put to the vote on the 21st. The three armies of the Parliament were to be formed into one,, consisting of 14,000 foot, 6000 cavalry, and: * Hist, of Com., i., 402, 403. t Clarendon. Godwin.. 206 BRITISH STATESMEN. 1000 dragoons, under a general-in-chief, lieu- tenant-general, major-general, thirty colonels, and the due proportion of other officers. Sir Thomas Fairfax was named general-in-chief, and Skippon major-general. Among the colo- nels appears the name of Algernon Sidney, and other most eminent men. Among the inferior officers were Ireton, Desborough, and Harri- son. The name of the officer who was design- ed for the second place in the command, and the generalship of the cavalry, was kept in re- serve, to be filled up, as it afterward appeared, with the name of Cromwell. This scheme of the new model passed the Lords on the 15th of February, creating an army of 22,000 men, to be principally draughted from the old armies. A second " self-denying ordinance" was now transmitted to the Lords. Great misconcep- tion has arisen in consequence of the difference between these two ordinances in a very ma- terial point, though both called by the same name. Mr. Godwin has briefly and impress- ively stated the difference thus : " It has been commonly imagined that the Independents, af- ter having carried a measure so full of boasted disinterestedness, acted a part directly contrary to their professions, smuggled in one excep- tion after another, Cromwell the first ; enrich- ed themselves with the spoils of the nation ; and silently and imperceptibly antiquated the law which had, at the moment, been their great instrument for defeating their adversaries of the Presbyterian party. But this way of stating the question is by no means exact. The original ' self-denying ordinance,' as it was called, directed that no member of either House of Parliament should, during the present war, hold any office, civil or military, such office being conferred by the authority of both or either of the Houses. This ordinance was de- feated in the House of Lords by the machinations of the Presbyterians, and never passed into a law. A second ordinance, which was called by the same name, was brought in a short time after, and was attended with a more successful event. The enactment of this ordinance was, that every member of Parliament was hereby dis- charged from whatever office, civil or military, that had been conferred by the authority of Par- liament. The former edict was prospective, and had more of the ordinary character of a law ; the second prescribed something imme- diately to be done, and no more.* What was the cause of the striking difference between the first and the second ' self-denying ordinance,' must be a matter purely of conjecture. It is not improbable that some of the great leaders of the Independent interest began, in this inter- val, to suspect that the advantage of perma- .nently separating the legislative character and that of an officer, civil or military, was more .specious than real. Besides, as their adver- .saries had contrived to defeat their measure in -.the upper House, they felt less delicacy to- wards them, and constructed an edict which .more, plainly pointed at the individual change in ; the ; public service, which they held to be irn- , mediately required. The new law, therefore, was a temporary expedient, and the general principle was left as before."t * That is, it did not prevent the discharged officers from recovering their offices again. t Hist, ol Com., ii., 41. In the progress of this second measure through the House of Commons, it is to be re- marked, there appears to have been only one | division, which occurred on the twenty-first of January, when it was put to the vote whether Fairfax should be nominated commander-in- chief, and the numbers stood (on the question whether the nomination should be then made), for the affirmative, 101, for the negative, 69. When the ordinance came back from the Lords, however, a second division took place on an amendment that had been introduced in that House, purporting that the nomination of offi- cers, which was vested in the commander- in- chief, should be subject to the approbation of the two Houses of Parliament ; and the num- bers stood, for the affirmative, 82, for the nega- tive, 63, the majority being with the Presby- terians. This was not a point, however, of vital importance with Vane and the Independents, whose victory, in the achievement of the meas- ure as it now stood, had been triumphantly complete. Essex, Manchester, Warwick, and Denbigh had appeared in the House of Lords the day be- fore the ordinance passed, and laid down their commissions. Acknowledgments were made by the Commons of their great and faithful services, and pensions were voted to them. The army was now in the hands of the Inde- pendents. Its soldiers were nearly all members of that communion. Unadorned by rank, un- graced by any of the eminences of station, they were filled with religious zeal and an irrepressi- ble enthusiasm. Each man felt as if the cause rested with him, each man had the sense that he was qualified to be a teacher to others. They were equally stimulated by the love of liberty, and the love of that scheme of religious faith which each man espoused. "They re- spected themselves ; they believed that they were in a state of grace ; and they were in- capable of allowing themselves in anything un- worthy of the high calling with which God had honoured them. They were vessels of glory, set apart for the purposes of heaven. As they had these feelings and impulses in common among them, so these feelings and impulses served them as a bond of indissoluble union. They advanced into the field chanting the psalms contained in the Scriptures, and fought, as they expressed it, with ' the sword of the Lord and of Gideon.'"* But then they were not lords, nor had seen dozens of campaigns, and infinite was the laughter and contempt they at first inspired. It was not given to all to see with the subtle and far-piercing glance of Vane or of Cromwell. "Truly this army was no way glorious," ob- serves May, " either in the dignity of its com- manders or the antiquity of the soldiers. Never did an army go forth to war who had less the confidence of their own friends, or were more the object of contempt to their enemies, and yet who did more bravely deceive the expecta- tions of them both." Their successes he as- cribes, under God, to their moral and religious as well as military discipline. " The usual vices of camps," he adds, " were here restrain- ed. The discipline was strict. No theft, no wantonness, no oaths, no profane words, could Godwin, i., 464. SIR HENRY VANE. 297 escape without the severest castigation, by which it was brought to pass that in this camp, as in a well-ordered city, passage was safe and commerce free." To all this the king's army offered a melancholy contrast, which set off with still greater lustre the Parliamentarian virtues. " The officers took pride in the prqf- ligacy of their language and their lives ; and the common soldiers were, out of the field, a j disorderly and dissolute rabble."* What could the king's superiority in numbers, or his many other advantages, avail against this single cir- cumstance alone 1 Most wisely had Vane and Cromwell judged. The Royalists were doom- ed to fall in the first great battle. The single danger to be apprehended does not seem to have hitherto in any way occurred to Vane. To have suspected the virtue of the great soldier of the cause he had most at heart, to have doubted the reality of Cromwell's Re- publican fervour and enthusiasm, would have been equivalent to a surrender of the high faith and hope which sustained him in the mighty struggle he was engaged in. The army of the new model marched reso- lutely on against Charles. His headquarters were at Oxford ; he had a preponderance in the midland counties ; was master in almost the whole of the western districts ; had power in the north ; and was complete master of Wales. In a few short weeks he was helpless ! The new leaders in whom the power was vested struck at once against Charles himself, and kept him in pursuit. He had moved from Ox- ford in a northern direction, with a view, it is supposed, to co-operation with Montrose. The Scottish army advancing to the south, im- pelled by the English leaders, raised the siege of Carlisle, and interposed to foil his plan. Fairfax meanwhile had sat down before Oxford. Charles, upon this, at once turned back, and with considerable vigour and resolution as- saulted the garrison of Leicester. Alarmed for the safety of the eastern counties, Fairfax im- mediately raised the siege of Oxford, and re- sumed his pursuit of Charles, who had moved from Leicester, fixed his headquarters at Daven- try, and betaken himself to the pleasures of the chase, while his soldiers ravaged and plundered the neighbouring country. Fairfax gradually and silently advanced, was joined by Crom- well near Northampton, and they both together took Charles by surprise near the fatal town of Naseby. At eleven at night a council of war was summoned in the Royalist camp ; and with that careless and courageous gallantry which, whatever their other vices may have been, al- ways distinguished the aristocratic officers of Charles's army, it was resolved, notwithstand- ing their critical position, " not only to give, but to advance and offer, battle." The armies met at Naseby, upon a fallow field about a mile in breadth. The king led his centre in person, and found himself opposite to Fairfax and Skippon. Rupert commanded on the right, and (appointed at Cromwell's request, and invested with rank for the occasion) Ireton fronted him. Sir Marmaduke Langdale, on the left, was opposed by Oliver Cromwell. The word of the Cavaliers was "Queen Mary" (Henrietta Maria) of the Parliamentarians, * History from Mackintosh, v 363. PP " God our strength." The Royalists commen- ced the battle by advancing at a quick step, " with alacrity and resolution."* The van of the Parliamentary centre was broken by the charge, and the troops fell back upon the rear, as they had been commanded, in such necessi- ty, to do. Skippon was severely wounded by a shot in the side, and Fairfax desired he would leave the field ; but " the brave old man (says Rushworth) answered, ' He would not stir so long as a man would stand,' and kept the field to the end of the battle." Fairfax now advan- ced himself with a body of reserve, and the battle raged anew. Not content to exercise the functions of a captain, Fairfax grappled personally with the foe, galloped through the thickest of the fray, encouraged by dauntless example the brave, and shamed the timid, if any such were there. His helmet was beaten to pieces, but he continued to ride about bare- headed, and in this state happening to come up with his body-guard, commanded by Colonel Charles Doyley, the latter respectfully rebuked him for thus hazarding his person, " wherein lay the safety of the whole army and of the good cause, to be riding bareheaded among the showering bullets," at the same time offering him his own helmet. Fairfax put it by, saying, " 'Tis well enough, Charles."! The battle, meanwhile, had assumed a terri- ble aspect on either wing. Rupert began with his usual impetuosity, and bore down his ad- versaries in spite of the astonishing resistance of Ireton ; while Ireton himself, wounded in the thigh with a pike, in the face with a halbert, having at the same time his horse killed under him, was made prisoner, though he afterward escaped back to the Parliamentarians. But now, while Rupert pursued the flying horse of the Parliament, and afterward vainly amused himself with summoning their park of artillery, Cromwell was deciding the fortune of the day (according to his custom) on the right wing. He attacked Sir Marmaduke Langdale, first with a close fire of carbines, next at the sword's point ; broke and routed his cavalry, and drove them a mile from the field of battle, wholly be- yond the possibility of farther concert with the Royalist infantry ; then, with that consummate prudence which outshone even his extraordi- nary valour, the victorious Cromwell, unlike the victorious Rupert, returned to the aid of his struggling commander, and, falling on Charles's weary infantry, put them to instant route. One regiment alone preserved its order unbroken. " One Royalist corps," says Rushworth, " stood like a rock, and, though twice desperately charged, would not move an inch." At last, however, Fairfax, directing Doyley to make a third charge in front, simultaneously attacked them in the rear, pierced them in all directions, and, slaying an ensign with his own hand, seized the colours, and gave them to a common soldier to hold. The soldier, unable to resist the temptation, boasted among his comrades that he had seized those colours himself, and the boast went back to Fairfax. " Let him re- tain the honour*" said that great general ; " I have enough besides." * Rushworth. Hist, from Mackintosh. t Life of Fairfax, in Hartley Coleridge's Biographia Bo- realis most interesting and charmingly-written book. And Bee Whitelocke, June 14. BRITISH STATESMEN. The king behaved with his accustomed bra- very. When he saw his infantry routed and his affairs so desperate, he placed himself at the head of what remained of his cavalry, and implored them to stand the coming shock. " One charge more," he cried, " and we re- cover the day." It was vain ; they were not in a condition to do it ; Rupert had joined them too late ; they fled, and left Fairfax and Crom- well masters of the field. Two thousand men had been slain nearly an equal number on both sides ; but Charles left behind him 5000 prisoners, of whom 1000 were officers, his whole artillery, a hundred stand of colours, with the standard royal, the king's baggage, with the cabinet containing his private papers and cor- respondence with the queen, the baggage of the army, including the plunder of Leicester, the royal coaches, the whole spoil of the camp everything! The first civil war was decided by that memorable day, and the disclosure of all the treacheries and infidelities of the king's correspondence* was a weapon in the hands of the Independent leaders which, until the very termination of the struggle, they used with ter- rible effect. Such was the first memorable result of Vane's great policy in the matter of the self-denying ordinance and the new model, and for that rea- son this battle has been detailed. In the field of civil polity, he was meanwhile pursuing other objects of scarcely less importance. He had now directed his attention to the state of the representation in the House of Commons. The civil war had necessarily pur- ged that house of the Royalist members, and also of others who had selected the policy of temporizing or of observing a strict neutrality. The war itself had been attended with memor- able vicissitudes ; for, as we have seen, in the winter of 1642, and in the autumn of 1643, ex- pectations even ran strongly in favour of the success of the royal party, and it was the nat- ural consequence of these vicissitudes to cause farther desertions. The precise number of the House of Commons, according to the returns in 1640, appears to have been 506. The high- est numbers that are to be observed upon any division occur on the 1st of March following, and amount, taken together, to 383, including the tellers.f About the time of the king's dec- laration, after the war began, that only 80 of the 500 commoners, and only 15 or 16 of the 100 peers remained, the divisions certainly ran very low ; but this was accident, and " could only be used to colour a party declaration." On the 9th of February following, the numbers rose as high as 201. We have seen that the numbers were nearly as great upon a vote re- specting the self-denying ordinance in Decem. * It appeared, among other things, on the publication of this correspondence, that at the Oxford treaty he had se- cretly registered in the council book his protest that, in calling the Lords and Commons at Westminster a Parlia- ment, he did not acknowledge them as such ; that he looked upon them as banded traitors, to whom he owed neither for- giveness nor good faith ; that he termed his own followers, of both Houses, assembled at Oxford, a "base," "muti- nous," " mongrel Parliament ;" that he designed bringing into England an army of Roman Catholics from Ireland, and a foreign army under the Duke of Lorraine, a popish prince contrary to his express and solemn word. History from Mackintosh, vi., 2. And see Journals and Parliamentary History, or the 5th vol. of the Harleian Miscellany. t See Godwin's History, ii, 25, et seq. ber, 1644. At the time of assembling the mock, or, as Charles himself called it, the "mongrel" Parliament at Oxford, on the 22d of January in that year, the Commons ordered a call of the House, which took place on the same day that the king had fixed for his fol- lowers at Oxford, and the numbers appear to have been divided as follow : 280 members an- swered to their names at Westminster ; 100 were excused, as being absent in the service of Parliament in their several counties ; and 1 18 at Oxford signed the letter to Essex of the 27th of the same month, calling on him to in- terpose for the restoration of peace. There are, therefore, only eight individuals unaccount- ed for in this computation.* It is scarcely necessary to observe that one of the conditions of the civil war was to impose on the House of Commons itself the necessity, unavoidable in such a state of revolution, of declaring such persons as were most forward to engage in hostilities against them disabled from sitting thereafter in that Parliament ; and in all the earlier instances, this vote of dis- ability had been accompanied with the dnection that a new writ should be issued for filling up the place of the member thus declared incapa- ble. But here the affair stopped. Agreeably to the customary forms, the speaker issued his warrant to the clerk of the crown in chancery for the granting a new writ, to the originating of which the great seal was necessary ; but the lord-keeper had carried off the great seal to the king at York in May, 1642, therefore the order to the speaker had necessarily miscarried ; and from this time the question of introducing new members seems to have lain untouched until the 30th of September, 1644. On that day it was voted by the Commons that the House should, on a future day that was specified, take the subject into consideration. The actual de- cision on the question, however, was from time to time deferred, t and it was not till August of the following year that any progress was made. It was so managed that a petition was at that time presented from the borough of Southwark, praying that they might be authorized to elect two fresh representatives in the room of the first they had, one of whom was dead, and the other disabled by a vote of the House. This served as a signal for entering on a proceeding, which had certainly, by Vane, Saint John, and the other leaders of the Independents, been al- ready determined on. On the 21st it was de- cided by a majority of three that new writs should be issued for Southwark, Bury St. Ed- munds, and the cinque port of Hythe. This beginning was speedily pursued : 146 new mem- bers were introduced into the Parliament in the remainder of the year 1645, and 89 in the course of the following year. Among those at present introduced, we find the most honest, virtuous, and every way illustrious names of Fairfax, Blake, Ludlow, Algernon Sidney, Ireton, Skip- pon, Massey, and Hutchinson.i This, then, was another victory for the In- dependents. The Presbyterians and the Scots commissioners, however, disabled in a great * See the Journals. Whitelocke, p. 80. Rush worth, Y., 573 ; and fiodwin, ii., 27 t Godwin, ii., 36. t Ludlow, i., 169, 170 Godwin, ii., 41. Notitia Parlia- mentaria. SIR HENRY VANE. 290 part by the turn events had taken since the new modelling of the army, and astonished heyond measure at the decisive victory of Naseby, be- gan to see the necessity of resorting to some expedient of rallying their strength, which, ju- diciously managed, was still superior in num- bers. While they bethought themselves of what they must do, Cromwell's letter after the battle of Naseby was read from the chair. "Honest men," he wrote, "have served you faithfully in this action. I beseech you, in the name of God, not to discourage them. He that ventures his life for the liberty of his country should be left to trust God for the liberty of his conscience." The old question again started up ; the Presbyterians insisted on their claims of an exclusive and intolerant church discipline ; the Independents met them with all the force of conscious reason, and the accession of that reputation for it which recent military events had given them. A second sort of accommo- dation was effected, and the parties once more rested for a while. Charles, defeated and almost helpless, was now at Oxford. He felt the necessity of taking some step for personal safety ; he saw it was impossible that another army could be got to- gether, and was casting in his own mind the relative advantages of throwing himself upon London for a treaty, or of making the best of his way to the Scottish army in the north. Here the striking attitude taken by Vane and the Independents appears to have affected him once more, and he proposed to Ashburnham to sound the Independents through Vane. Two letters remain in the Clarendon state papers addressed in the king's name by Ashburnham to Sir Harry Vane the younger. In these he pledges himself that, if Presbytery were insist- ed on, he would join Vane and the Independ- ents with all his powers in " rooting out that tyrannical government." No answer on the part of Vane has been found. It is likely that he returned no answer.* It was impossible that a mind so subtle and acute could have brought itself to place confidence in the good faith of such a proposal. In the Naseby dis- closures it had been made manifest that profes- sions and protestations cost Charles nothing ; that he held everything fair that was done in negotiating with an enemy ; that he never talked of peace but with a crafty intention ; " and that he never made a concession that he was not at the time considering how he should retract it." The incident only testified to the strength of Vane's influence and party. A passage from Whitelocke's memorials of this period may be quoted for the same purpose : under the dates of October the 15th and 20th, he states, in one instance, " I lived with," in another, " I dined with, Sir Henry Vane, Mr. Solicitor (St. John), and other grandees of that party, and was kind- ly treated by them, as I used to be by the other." The cautious lawyer, though voting on questions of religious liberty with Vane and St. John, had evidently never before committed himself thus far. The king's spirit of intrigue, however, was * A misapprehension of the whole of this incident by Dr. Lin gar J is ably pointed out and corrected in the History from Mackintosh. irresistible. His object was by some means or other to force himself into London, where he trusted his presence might work some kind of miracle in support of his prostrate cause. To this end he made the following extraordi- nary proposal of a treaty : that he himself should come to London with 300 followers, under the assurance and security of the two Houses of Parliament, the commissioners for Scotland, the corporation of the metropolis, and the chief commanders of the English and Scotch armies, for forty days ; at the expiration of which he should be free to repair, at his own choice, to his garrison of Oxford, Worcester, or Newark. In the same message he repeated his Uxbridge proposition, that the military power should be vested for three years in commissioners, to be nominated half by himself and half by the Par- liament, or in any other way that might be sat- isfactory to both parties. To render the point more intelligible, the king tendered in his mes- sage the names of thirty persons for commis- sioners, and among them were the names of Vane, Fairfax, Cromwell, and Hollis. This was the falsest proposal he had yet made, and the Independent leaders at once detected its falsehood. It was merely one of the old re- sources to strive to place the Parliament, if possible, in a false position. In the very midst of the subsequent measures he took to advance the same object, it was afterward found he had written thus to Digby : " Now, for my own par- ticular resolution, I am endeavouring to get to London, so that the conditions may be such as a gentleman may own, and that the rebels may acknowledge me king, being not without hope that I shall be able so to draw either the Pres- byterians or Independents to side with me for extirpating one the other, that I shall be really king again. I will conclude with this assu- rance, that whatsoever becomes of me, by the grace of God, I will never forsake the Church, my friends, nor my crown." It would be tedious, and it is unnecessary, to follow the course of events after this period through the various changes which carried Charles to the Scotch camp, which subsequent- ly induced the Scots to surrender him to the Parliament, and which ended in the violent struggles between the Presbyterian and Inde- pendent parties in the House of Commons, as to the final disposal of his person and dignity, and the new settlement of the government of the kingdom. Clarendon has two remarks in his history which may be properly introduced here. He observes of the discomfort of the Scotch com- missioners after the decision of the first civil war : " They had long had jealousy of Crom- well and Sir Henry Vane, and all that party, which they saw increased every day, and grew powerful in the Parliament, in the council, and in the city. Their sacred vow and covenant was mentioned with less reverence and respect, and the Independents, which comprehended many sects in religion, spake publicly against it, of which party Cromwell and Vane were the leaders, with very many clergymen, who were the most popular preachers, and who in the Assembly of Divines had great authority ; so that the Scots plainly perceived that, though they had gone as far towards the destruction 300 BRITISH STATESMEN. of the Church of England as they desired, they should never be able to establish their Presby- terian government, without which they should lose all their credit in their own country, and all their interest in England."* And in a sub- sequent passage of singular incorrectness he adds : " The truth is, though that party was most prevalent in the Parliament, and compre- hended all the superior officers of the army (the general only excepted, who thought him- self a Presbyterian), yet there were only three men, Vane, Cromwell, and Ireton, who govern- ed and disposed all the rest according to their sentiments ; and without doubt they had not yet published their dark designs to many of their own party, nor would their party at that time have been so numerous and considerable if they had known, or but imagined, that they had entertained those thoughts of heart, which they grew every day less tender to conceal, and forward enough to discover.''! Upon this, it is worth while to inquire what these " dark designs" were that are here im- puted to Vane. The lesson in politics which his life illustrated and enforced cannot be stud- ied too well, and it has never yet been exhibit- ed in that most impressive form which it as- sumes when, upon the great actions of his life, the rarer political writings he left behind him throw the light of their eloquence and wisdom. The majority of historians speak of Vane as a purely theoretical Republican, with great wis- dom in the means he employed, but with the utmost absurdity in the ends he aimed at : in a word, the owner of a political faith not redu- cible to this world, and only made up of wild- ness and extravagant enthusiasm. Such are the convenient opinions, with the help of which disagreeable conclusions of another sort are sought to be kept at distance ! A theoretical Republican Vane was not, if it is attempted to be shown by this that the mo- tive of his public exertions was merely a pre- conceived idea of the abstract excellence of that form of civil society. What Vane sought was good and popular government, extensive representation, freedom of thought, freedom of the press, and perfect liberty of conscience. Because he could not find these under a mon- archy, he became a Republican -, but under a monarchy he would have been content with these. Practical and protracted experience of the utter impossibility of bringing Charles to terms of good faith was the origin of Vane's devotion to a republic. Having once embraced that faith, he pursued it with all the earnest- ness and enthusiasm of his character, but never for a single instant lost sight of the practical reasons out of which it had sprung up in his mind, nor of the wise design of preserving all its new institutions, in so far as possible, in correspondence with the fundamental laws and usages to which Englishmen had been for cen- turies accustomed, and under which, in their purer shapes, they had grown in virtue, in civ- ilization, and in power. In an Essay on Government, which was left among his papers at his death, he lays down a philosophical maxim which few will be bold enough nowadays to dispute : " Ancient found- ations, when once they become destructive to * Vol. v., p. 15, 16. t Ibid., p. 345. those very ends for which they were first or- dained, and prove hinderances to the good and enjoyment of human societies, to the true wor- ship of God. and the safety of the people, are for their sakes, and upon the same reasons, to be altered, for which they were first laid. In the way of God's justice they may be sha- ken and removed, in order to accomplish the counsels of his will upon such a state, nation, or kingdom, in order to his introducing a righ- teous government of his own framing."* When he stood in the court of King's Bench upon his trial, he laid down another proposition, on which, he said, all his actions had been ground- ed, and he challenged the judges, with eloquent and unanswerable subtlety, to contradict it if they could. It was, that the very root and or- igin of monarchical government in England was the assent of the people through their repre- sentatives, or, in other words, the so horrible and terrifying Republican principle. " However I have been misjudged and mis- understood, I can truly affirm that in the whole series of my actions, that which I have had in my eye hath been to preserve the ancient well- constituted government of England on its own basis and primitive righteous foundations, most learnedly stated by Fortescue in his book, made in praise of the English laws. And I did ac- count it the most likely means for the effecting of this to preserve it at least in its root, what- ever changes and alterations it might be ex- posed unto in its branches, through the bluster- ous and stormy times that have passed over us. " This is no new doctrine in a kingdom ac- quainted with political power, as Fortescue shows ours is, describing it to be, in effect, the common assent of the realm, the will of the people or whole body of the kingdom, repre- sented in Parliament ; nay, though this repre- sentation, as hath fallen out, be restrained for a season to the Commons' House in their sin- gle actings, into which, as we have seen, when, by the inordinate fire of the times, two of the three estates have for a season been melted down, they did but retire into their root, and were not hereby in their right destroyed, but rather preserved, though as to their exercise laid for a while asleep, till the season came of their revival and restoration." Shortly before his death, while imprisoned in one of the isles of Scilly, he made a more elab- orate statement of his views on this point, and of the justifications which he conceived the people and their leaders to have had in their attempts to alter the monarchical institutions. This remarkable treatise was entitled " The * In another passage he states, with unanswerable force, " It was ordinary among the ancients, not only to change their governors, but government also. If one race of kings be lawfully deposed, they are not wronged by change of government, and who else can be ? It is so natural and fundamental a right in people to have and to use such a liberty, that we may do well to consider whether they have any right to give it out of their hands, unless it be lawful to contradict the law of nature, the true end of all govern- ment in human societies, turn their own reason out of doors, and so turn beasts for their governors to ride on. That the Jews, Greeks, and Romans, the wisest states in the world, have over and over used this liberty of changing their gov- ernment as they saw occasion, and that often with very good success, is undeniable. Were it unlawful for a state in any case to depose and remove kings, what titles have anymon- archs now upon oath to their crowns, that are descended of those who were elected into the room of such as the peopla deposed?" SIR HENRY VANE. 301 People's Case Stated." At the commence- ment of it, he lays down, in language which bears no evidence of wildness or impatience of just restraint, the following rules : " The end of all government being for the good and wel- fare, and not for the destruction of the ruled, God, who is the institutor of government, as he is pleased to ordain the office of governors, in- trusting them with power to command the just and reasonable things which his own law com- mands, that carry their own evidence to com- mon reason and sense, at least that do not evi- dently contradict it, so he grants a liberty to the subjects, or those that by him are put un- der the rule, to refuse all such commands as are contrary to his law, or to the judgment of common reason and sense, whose trial he al- lows, by way of assent or dissent, before the commands of the ruler shall be binding or put in execution ; and this in a co-ordinacy of power with just government, and as the due balance thereof; /or," he adds, in words of deepest truth and significance, " the original impressions of just laws are in man's nature, and very constitution of being:" From the foregoing proposition, a condition of government is then established thus : " God doth allow and confer by the very law of nature, upon the community or body of the people, that are related to and concerned in the right of government placed over them, the liberty, by their common vote or suffrage duly given, to be assenters or dissenters thereunto, and to affirm and make stable, or disallow and render ineffectual, what shall apparently be found by them to be for the good or hurt of that society, whose welfare, next under the justice of God's commands and his glory, is the supreme lav/ and very end of all subordinate governing power. Sovereign power, then, comes from God, as its proper root, but the restraint or en- largement of it, in its execution over such a body, is founded in the common consent of that body. The office of chief ruler, or head over any state, commonwealth, or kingdom, hath the right of due obedience from the people insepar- ably annexed to it. It is an office not only of divine institution, but for the safety and pro-* tection of the whole body or community, and therefore justly and necessarily draws to it, and engages their subjection." The logical force of this passage is only equalled by its philo- sophic sobriety. Subsequently he carries out his premises into the following eloquent state- ment of the proper source of the best form of government, in which, it will be seen, the char- acter of his religious opinions, as I have en- deavoured to describe them, receives very stri- king illustration. " The highest judgment and will set up by God for angels and men, in their particular beings, to hold proportion with, and bear conformity unto (in the capacity of ruled, in re- lation to their chief ruler), shines forth in the person of Christ, the ingrafted Word ; and when, by the agreement or common consent of a na- tion or state, there is such a constitution and form of administration pitched upon as in a standing and ordinary way may derive and con- vey the nearest and greatest likeness in human laws, or acts of such a constitution, unto the judgment and will of the supreme legislator, as the rule and declared duty for every one in that society to observe, it is thereby that gov- ernment or supreme power comes to receive being in a nation or state, and is brought into exercise according to God's ordinance and di- vine institution. So, then, it is not so much the form of the administration as the thing administer- ed, wherein the good or evil of government doth consist ; that is to say, a greater likeness or un- likeness unto the judgment and will of the high- est Being, in all the acts or laws flowing from the fundamental constitution of the govern- ment." The legal restraints placed for these objects on the office of king are then clearly stated, after which Vane adds : " The contrary here- unto was the principle at bottom of the king's cause, which he endeavoured to uphold and maintain, in order to decline and lay aside the legal restraints as aforesaid, which the gov- ernment of England, by the fundamental Con- stitution, is subjected unto, as to the exercise and ministry of the royal office. From the ob- servation and experience which the people of England had, and made many years together, by their representatives in Parliament, of a de- sire in the king to shake off these legal re- straints in the exercise of the regal power, and on their having tried the best ways and means that occurred to their understandings to pre- vent the same, and to secure to themselves the enjoyment of their just rights and liberty, they at last pitched upon the desiring from the king the continuance of the sitting of the Parlia- ment called November 3, 1640, in such sort as is expressed in that act, 17 Car., wherein it is provided, ' that it shall not be discontinued or dissolved but by act of Parliament.' " This act, however, he proceeds to argue, did not in itself dissolve their allegiance, or give the people back their original right to erect a new govern- ment, until after, all reasonable efforts failing, war had been resorted to, and the decision given : " Such appeal answered, and the issue decided by battle, the people's delegates still sitting, and keeping together in their collective body, may of right, and according to reason, refuse the readmission or new admission of the ex- ercise of the former rulers, or any new rulers again over the whole body, till there be receiv- ed satisfaction for the former wrongs done, the expense and hazard of the war, and security for the time to come that the like be not committed again. Until this be obtained, they are bound in duty, in such manner as they judge most fit, to provide for the present government of the whole body, that the common weal receive no detriment."* He admits the sacredness of an oath of allegiance to a sovereign, and argues, with great force and eloquence, that it is only an utter abuse of the kingly trust that can re- * In another work he expresses the same doctrine thus : " All contrarient actings against the prince are not to be accounted a resisting of the power, especially when the whole state is concerned, and the business is managed by public trustees, called and authorized by law, as conservers of th state, and defenders of the public liberties and laws thereof. In such a public capacity, to stand in the gap when a breach is made, and hinder any charge or at- tempt that would ruinate the state, is duty. In such case, they ought to withstand and hinder the violent proceedings of any, either by way of justice in a legal trial, or by force ; for the prince is not master of the state, but only a guardian and defender thereof from injuries and evil." Treatise on Government. 303 BRITISH STATESMEN. lieve the subject from it ; but he will be utterly relieved in that case, he adds, " especially if, together with such breach of trust, both parties appeal to God, and put it upon the issue of bat- tle, and God give the decision ; and in conse- quence thereof, that original right be asserted, and possession thereof had and held for some years, and then not rightfully lost, but treacher- ously betrayed and given up by those in whom no power was rightfully placed." These, then, are the " dark designs" of Vane : this is the wild and visionary enthusiast ! He sought to achieve for the English people, for us, his posterity, the blessings of a government re- sponsible to the governed, the basis of which was to be security for person and property, and perfect and uncontrollable freedom in all matters appertaining to the conscience and in- tellect. Failing of this object in that day under a monarchical form, he struck for a republic. This was his only crime the sum of his " dark designs." But, alas ! for one person among the good citizens of London, at the close of the civil war, who could think with Vane, there were fifty who preferred to think, on these particular points, with Clarendon. The Presbyterians had once more rallied in this stronghold of their power. They clamoured for a Presbyterian settlement. They seemed to have altogether forgotten such things as a reform of political institutions, or an establishment of public rights and liberties. A petition had been secretly got up by the Presbyterians in the name of the city,* and was now carried into Parliament, praying for strict religious conformity, for subscription to the Covenant, and for the dissolution of the army. It was only preliminary to a more decisive movement on the part of the Presbyterians. The reduction of the army to a peace estab- lishment was proposed in the House of Com- mons on the 9th of February. The dismantling of the garrisons in England and Wales, with the exception of forty-five ; and the reduction of the army, after draughts of horse and foot for the service of Ireland, to about 5000 horse, to maintain public tranquillity, and the force of in- fantry required for the reserved garrisons, were carried after earnest and long debate, in which Vane used all his influence and eloquence against the motion, and carried, too, without due provision for arrears of pay. It was voted, also, that no member of Parliament should have a military command ; that there should be no officer of higher rank than that of colonel, with the exception of Fairfax ; and that every of- ficer should take the Covenant, and conform to the Presbyterian ordinance in religion : in other words, all security for the triumphs that had been won for the people were recklessly voted away, and the people's bravest soldiers, Cromwell, Ireton, Ludlow, Algernon Sidney, Skippon, Blake, and Hutchinson, were insolent- * A very memorable counter-petition was subsequently set afloat by the Independents, demanding some startling- reforms, which exhibited revolution and Republicanism un- masked. It remonstrated against the payment of tithes, the hardships of enforced religious conformity, the insolent con- tumely with which Presbyterians designated those who would not conform to the Presbytery ; the mischief of the House of Lords ; and was addressed to the supreme author- ity of the nation in the Commons' House of Parliament. Hist, from Mackintosh. ly dismissed from their service. Fairfax him- self was only retained on a division by 159 to 147. Mr. Godwin has, at this passage of history, given way to no inappropriate strain of melan- choly enthusiasm. " Here," he says, " we have a striking illustration of the uncertainty and versatility of human affairs. Cromwell, Ireton, St. John, and Vane were four of the ablest statesmen that ever figured upon the theatre of any nation. They were engaged to the meas- ures they undertook by the strongest motives that could animate and excite the heart of man. They, and they only, had been principally con- cerned in conducting an arduous war to a suc- cessful termination. Other men had felt deeply and fought nobly ; but it was they who created the army by which the victory was secured. Finding their influence not sufficiently triumph- ant in the House of Commons, they had recur- red to the admirable expedient of setting on foot new elections for those places in England which, in the lapse of years, and by the events of a civil war, were found unrepresented ; and this measure had, for a time, answered every purpose to them that their fondest wishes could have anticipated. Their adversaries were men of ordinary capacities ; Hollis and Sir Philip Stapleton, the nominal leaders of the Presby- terians, would probably never have been heard of in history had they lived in a more tranquil period. Yet all these advantages possessed by the heads of the Independent party proved fleeting and illusory. The very circumstance of the great success and superlative talents of these men had a tendency to render them ob- jects of jealousy to coarse and vulgar minds. Hollis says, Though the greater part of the new members came into the House with as much prejudice as possible against us, yet, when they came to sit there themselves, and see with their own eyes the carriage of things, this made them change their minds, and many of them to confess and acknowledge that they had been abused.' Such is the almost unavoid- able course of things in modern times, and among what is called a sober people. The men of the last four centuries in civilized Europe have been found capable of being strongly ex- cited, and susceptible of a tone of fervour and enthusiasm. But this is to them an unnatural state, and they speedily subside into their con- stitutional quietude. There are but few of us that can even image to ourselves an excitement and elevation that, as in the instances of Greece and Rome, lasted for centuries. Talk to the men of later times of sobriety and moderation, and they will soon show that they prefer that lore to the sublimer style of heroism and virtue, of self-sacrifice and expansive affections. We are sons of the fog and the mist. The damp and flagging element in which we breathe be- comes part of ourselves : we turn speculative men and calculators : timorous prudence and low circumspection fix their stamp on all we do. ' Our charity begins at home,' and fixes its attention emphatically on our own interests or our own firesides. We dare not mount, at least from the impulse of feeling, into an ethe- real region, lest we should break our necks with the fall. To men formed in this mould, the representation of such persons as Hollis and SIR HENRY VANE. 303 Stapleton, the moderate party,' as they loved to denominate themselves, are almost sure to prove irresistible."* Vane's position was that of the greatest dif- ficulty. He felt that he must now throw his party upon the great body of the army for sup- port, to a more absolute degree than he had contemplated hitherto. It will be worth while, before proceeding farther, to show what char- acter of men these soldiers were. Whitelocke describes thus the troops raised by Cromwell : " He had a brave regiment of horse of his countrymen, most of them freeholders and free- holders' sons, and who, upon matter of con- science, engaged in this quarrel ; and thus, being well armed within by the satisfaction of their own consciences, and without by good iron arms, they would as one man stand firmly and fight desperately." Baxter says of them in his life : " At his first entrance into the wars he had a special care to get religious men into his troop : these were of greater understanding than common soldiers, and therefore more ap- prehensive of the importance and consequence of the war ; and making, not money, but that which they took for the public felicity, to be their end, they were the more engaged to be valiant. They therefore proved such that, as far as I could learn, they never once ran away before an enemy." The fiercely Royalist Bates, in his " Elenchus Motuum," speaks of them thus : " Cromwell invited all the honest men (as he was pleased to call them) to take on with him. Wherefore Independents, Anabaptists, and the sink of fanatics, came flocking to him, who, in the beginning, were unskilful both in handling their arms and managing their horses. But he used them daily to look after, feed, and dress their horses, and, when it was needful, to lie together with them on the ground. He besides taught them to clean, and keep their arms bright, and ready for service ; to choose the best armour, and arm themselves to the best advantage. Trained up in this kind of military exercise, they excelled all their fellow- soldiers in feats of war, and obtained more vic- tories over their enemies." " And these men," observes another Royalist, Sir Philip Warwick, " habited more to spiritual pride than carnal riot and intemperance, so consequently, having been industrious and active in their former call- ings and professions, where natural courage wanted, zeal supplied its place. At first they chose rather to die than fly ; and custom re- moved the fear of danger." Of themselves, in a petition to the Parliament, these men had spoken thus : " We were not a mere mercenary army, hired to serve any arbitrary power of a state, but were called forth and conjured, by the several declarations of Parliament, to the de- fence of our own and the people's just rights and liberties. To these ends in judgment and conscience we took up arms ; and we are re- solved to assert and vindicate these rights against all arbitrary power, and all particular parties and interests whatsoever."! And last- * Godwin, Hist, of Com., ii., 218-221. t In another petition, demanding payment of the arrears attempted to be withheld by the Presbyterians, these men say, " We hope that by being soldiers we have not lost the capacity of subjects that in purchasing the freedom of our brethren we have not lost our own." They assert the jus- tice of their demand of the payment of arrears to themselves ly, when it was proposed to disband these very forces immediately after the restoration, Lord Clarendon, who could speak the truth only when the truth answered his purpose, spoke of them and their exploits in these words : " His majesty consents to the measure. Yet, let me tell you, no other prince in Europe would be willing to disband such an army ; an army to which victory is entailed, and which, humanly speaking, could hardly fail of conquest whither- soever he should lead it ; an army whose order and discipline, whose sobriety and manners, whose courage and success, have made it fa- mous and terrible over the world."* It was no common army, this : it was a band of men who had taken up arms for a great pub- lic cause, and who had a right to some influ- ence, and that not inconsiderable, in the right direction of the victories won by their own val- our for the security of their own homes. In this view, it is certain that Vane now counte- nanced the seizure of the king by Joyce, and Fairfax's march to London for the purpose of overawing the Presbyterians. Hitherto he had no distrust of Cromwell. The exertions of that great soldier in this crisis had been all Repub- lican in their tendency, since in favouring, or at least not resisting, the organization of the agitators and other military councils, he was raising up the very worst instrument of despo- tism an armed and enthusiastic democracy. The disgraceful London riots in favour of the Presbyterians completed the sorry work set on foot by that party, and determined Vane's last scruples. He took the opportunity of removing with several other members, and the speakers of both Houses, to Fairfax's camp at Hounslow, and as he afterward rode with that general along the line of the troops, was hailed and cheered with enthusiasm. A few days after, Vane and Fairfax, the two speakers, with the other seceding members, met at Holland House, Kensington, and proceeded to Westminster, where the Presbyterians, feeling themselves once more defeated by a consummate stroke of policy on the part of their adversaries, while a melancholy and mischievous effort had been made by themselves, were unprepared to offer any farther present resistance. In Hyde Park they received even the congratulations of the lord-mayor and aldermen, and at Charing Cross the common council stood ready to receive them ! Colonel Hammond's regiment of foot, and Rich's and Cromwell's regiment of horse, led the procession, which was closed by Tom- linson's regiment of horse. On the following day the whole army, with its artillery, marched through London, " but in so civil and orderly a manner that not the least offence or prejudice was expressed by them towards any man, either in words, action, or gesture." The procession had no sooner reached Palace Yard than Fair- fax alighted and retired into a private house, while the Lords and Commons proceeded to their respective places of assembly. Manches- ter and Lenthall took the chair in each House ; and the proceedings commenced with a report not as "mercenaries whose end was gain," but as men " who had abandoned their estates, trades, callings, and the contentments of a quiet life, for the perils and fatigues of war in defence of the public liberty." * In the History of the Commonwealth, ii., 152-155, the reader will find this subject treated. 304 BRITISH STATESMEN. from the commissioners of the Parliament, ap- pointed to reside with the army (that in the House of Commons was made by Vane), of the transactions of the last preceding days. Fair- fax was then successively introduced into each House, and received their thanks for what he had done. He was, at the same time, by their joint vote, made Constable of the Tower of London.* The king's ill-judged flight from Hampton Court once moVe altered the position of affairs. The first treaty at the Isle of Wight, and the treachery of Charles with the Scots commis- sioners, will be more appropriately glanced at in the memoir of Henry Marten. The day after the Parliamentary commissioners returned, the celebrated vote of non-addresses was passed, equivalent to a resolution for the settlement of the kingdom without farther recourse to the king. The events which followed, and had the effect of lifting up the Presbyterians once more ; the riots in the various English counties, and the advance and defeat of the Scotch army ; the famous petitions and proposals of Fairfax and his officers, will also have fitter illustration in the notice of Marten's important participation in these measures. Vane seems to have held himself as much as possible in the position of being able, at a crisis, to negotiate between the Commons and the army, secure that his party in the House would once more feel ascendency and power upon the final crushing of the " sec- ond civil war." The personal treaty at the Isle of Wight was now arranged ; Vane was appointed one of the chief commissioners, and represented the In- dependent or (now) Republican party. Hollis and others represented the Presbyterians. Sev- eral peers attached to the Parliament were also present, and Charles was attended by forty-two friends and advisers. The interviews and de- bates were spun out from the 18th of Septem- ber to the 27th of November, 1648. In the course of them Charles showed much ability, and Vane, who had, as he says, " believed him to be a very weak person," took occasion to acknowledge " that he had been deceived," for that he had found him " a man of great parts and abilities."! Such a feeling would be nat- urally apt to overrate itself by comparison with a previous unjust impression. The result of the treaty was a concession of the militia by Charles, with the secret reserva- tion to retract it ;J but he afterward took his stand upon two points : a claim for " the divine institution of the bishops," and for indemnity to all his friends. Hollis and the other Pres- byterians implored him on their knees, with tears in their eyes, to concede these also. He refused. " The truth is," says Clarendon, de- scribing the treaty, " there were among the commissioners many who had been carried with the violence of the stream, and would be glad of those concessions which the king would very cheerfully have granted, an act of indemnity and oblivion being what they were principally concerned in ; and of all the rest, who were more passionate for the militia and against the Church, there was no man, except Sir Harry * Hist, of Com., ii., 386-7. Rushworth. Whitelocke. t Sir Edward Walker, p. 312. t Hist, from Mackintosh, vi., 105. Vane, who did not desire that a peace might be established by that treaty ; for as all the other lords desired, in their own natures and affec- tions, no more than that their transgressions might never more be called to remembrance, so the Lord Say himself (who was as proud of his quality, and of being distinguished from other men by his title, as any man alive) well foresaw what would become of his peerage if the treaty proved ineffectual, and the army should make their own model of the government they would submit to (as undoubtedly they resolved shortly to do), and therefore he did all he could to work upon the king to yield to what was proposed to him, and afterward, upon the Parliament, to be content with what his majesty had yielded." It was well for the men who preferred their titles to their country to argue thus, but the younger Sir Henry Vane remained to the last, " among the faithless, faithful." Charles had again thought of escape and of revenge when he rejected the kneeling and weeping Presbyterians : the army now seized his person once more, and closed his hopes on that head forever. Meanwhile, a terrible re- monstrance, calling for justice on him as " the capital source of all grievances," had been car- ried into the House of Commons, where the Presbyterian majority, again mustering, strove to parry it by successive remonstrances. The army, upon this, sent in a more determined dec- laration, that unless justice were suffered to prevail, they would purge the House, and put a stop to the treaty. At this crisis, the first of December, 1648, the commissioners from the Isle of Wight reported Charles's answers, and Hollis moved that they should be declared sat- isfactory. To the astonishment of Vane, Fien- nes supported that motion, but the extract from Clarendon respecting Fiennes's father, Lord Say, explains the marvel.* The debate lasted one day, and its farther consideration was ad- journed to the next by a majority of 133 to 102. Vane saw that the crisis he had striven so long to avert had arrived at last, and he prepared himself for one great and final effort to sur- mount it. The speech he delivered on the re- sumption of the debate on the second day is un- fortunately only left to us in the equivocal pages of Clarendon. That it must have been very masterly, however, we can discern even there, and we discern in it, also, the first frank and resolute statement of the question as be- tween monarchy and a republic. " Young Sir Harry Vane," says Clarendon, " had begun the debate with the highest inso- lence and provocation, telling them ' that they should that day know and discover who were their friends and who were their foes, or, that he might speak more plainly, who were the king's party in the House and who were for the people ;' and so proceeded with his usual grave bitter- ness against the person of the king and the gov- ernment that had been too long settled ; put them in mind ' that they had been diverted from their old settled resolution and declaration that they would make no more addresses to the king, after which the kingdom had been gov- erned in great peace, and begun to taste the sweet of that republican government which they had in- * This was first pointed out in the History from Mackin- tosh, in reply to the doubts of Godwin and Lingard. SIR HENRY VANE. 305 tended and begun to establish, when, by a com- bination between the city of London and an ill- affected party in Scotland, with some small, contemptible insurrections in England, all which were fomented by the city, the Houses had, by clamour and noise, been induced and compelled to reverse their former votes and resolution, and enter into a personal treaty with the king, with whom they had not been able to prevail, notwithstanding the low condition he was in, to give them any security ; but he had still re- served a power in himself, or at least to his posterity, to exercise as tyrannical a govern- ment as he had done ; that all the insurrections which had so terrified them were now totally subdued, and the principal authors and abettors of them in custody, and ready to be brought to justice, if they pleased to direct and appoint it ; that their enemies in Scotland were reduced, and that kingdom entirely devoted to a firm and good correspondence with their brethren, the Parliament, of England, so that there was no- thing wanting but their own consent and resolu- tion to make themselves the happiest nation and people in the world ; and to that purpose de- sired that they might, without any more loss of time, return to their former resolution of making no more addresses to the king, but pro- ceed to the settling the government without him, and to the severe punishment of those who had disturbed their peace and quiet, in such an exemplary manner as might terrify all other men for the future from making the like bold attempts, which, he told them, they might see would be most grateful to their army, which had merited so much from them, by the re- monstrance they had so lately published.' This discourse appeared to be exceedingly disliked by that kind of murmur which usually shows how the House stands inclined, and by which men make their judgments there of the success that is like to be."* Some members seconded Vane with a hearty concurrence, among them Wroth, Wentworth, and Prideaux. It was urged on the other side by Prynne that the Parliament was overawed by the army, and the question should be postponed. Another adjournment took place, and the de- bate was resumed next morning with increased vehemence. Six Monarchists and twelve Re- publicans are named as having spoken. The Presbyterians, not venturing to persist in a vote that the king's answers were satisfactory, modified it into a resolution that they afforded " a ground for the House to proceed to the set- tlement of the peace of the kingdom." Prynne delivered a speech of several hours in the af- firmative, with, by his own account, wonder- ful effect. It was carried on a division by a majority of 140 to 104. The Lords readily con- curred, and Vane's last hope of preventing a grosser injustice was forever gone.t The House was purged of the Presbyterian majority on the following morning by Colonel Pride. That proceeding will be found described in the memoir of Marten. Vane alone, among all the Independents and Republicans, refused to share in a triumph obtained by such means. He had held a high sense of the claims of the army to be allowed to throw the Weight of their * Vol. vi., p. 199-201. t History from Mackintosh, vi., 109. QQ opinions into the scale at a moment like the present, and while the state was itself in pro- cess of revolution ; he had done his best in aid- ing them when on former occasions they had subdued the strength of the Presbyterians by the inspiration of a just terror ; but this forci- ble exclusion of members, this absolute intro- duction of the sword into the House of Com- mons, the scene of his best exertions for the people in the past, and the source of his best hopes for the people in the future, appeared fraught with a danger surpassing every other. He took the resolution at once to retire from public life. He could not oppose those with whom he had hitherto acted in such close union ; he knew not whether even now their motives might not be as pure as he held their conduct to be mistaken ; but* in any case, he could never lend to the act of lawless force they had committed the sanction of his character and name. He retired to Raby,* and took no farther part in public life till after the execu- tion of the king.f It is a profound proof of Vane's political sa- gacity that he disapproved the policy of that great act. Upon the question of its abstract justice he never delivered an opinion. He left his private retirement, and again joined his old friends and associates^ on the 26th of February, 1649. He had been most earnestly entreated to this step by Cromwell, and, it is likely, accepted that entreaty as a pledge of the purity of intention with which it was designed to frame and carry out the gov- ernment of the Commonwealth. Nor was the request Cromwell's alone, though his still su- perior influence with Vane was the instrument to procure compliance. There was no leading man of the party that did not hold the sanction,, of the most eminent Republican statesman to be the essential element of their new republic^ or that would not have considered the outline of proceedings sketched hitherto^ void and * This castle had suffered in the wars, for the Royalists made several attacks on it, in compliment, it might be sup- posed, to its owner. Whitelocke describes one of them: " The king's forces from Bolton Castle surprised Raby Cas- tle, belonging to Sir Henry Vane, but were again; close blocked up by forces raised by Sir George Vane." (July 7, 1645, p. 151.) t The extraordinary incidents which filled up this inter- val are detailed and discussed in the Life of Marten. t The omission of all mention of Vane's father, the elder Vane, still alive and: taking a feeble part in public affairs with the men of the Commonwealth, must not surprise the reader. He sank into a cipher beside the splendid talents of his son. It is seldom that one family has borne twin, names of eminence in it. But the truth was, that old Vane was only fit for such service as he performed under Charles he was barely tolerated among the Independents for his son's sake. I) All those proceedings are described in the Life of MaT- ten. " The truth is, this honourable gentleman, having ab- sented himself from the Parliament upon that great change and alteration of a/fairs in the year 1648, Lieutenant-gen- eral Cromwell, who sat upon the trial of the king, and en- couraged the commissioners of the high court of justice to. proceed to sentence, it being the general vote and desire of the army that the king should be put to death, wa impor- tunate with this gentleman, and used many arguments to persuade him to sit again in Parliament and in the council: of state, and did at length prevail with him to come in."' So writes Vane's friend Stubbe, in his answer to the calum- nies of Baxter.. Stubbe was one of the most eminent schol- ars of that or any other period, and was indebted for th first development of his talents to the regard and liberality of Vane. Another passage in his vindication of Vane from the attacks of Baxter is worth giving, us illustrating th contempt with which one of the "best abused" men of his time, which Vane certainly was, could afford, in the couV 306 BRITISH STATESMEN. blank, had he refused to fill it up with the au- thority of his presence, his counsel, his name ; and yet, notwithstanding all this, it was with much difficulty, and in the result of many argu- ments, that Cromwell prevailed with him to accede. He had been elected, long before his consent was ascertained, among the first mem- bers of the council of state, but he did not present himself till the 26th of February, nine days after all the council had been installed. A difficulty then occurred. On the day on which the instructions to the council of state had been voted, an engagement was drawn up and adopted, to be taken by each counsellor previ- ously to his admission, the purport of which was to express his approbation of all that had been done in the king's trial, in the abolishing of kingship, and the taking away the House of Lords and this oath was now presented to Vane. He refused to take it. He did not ap- prove, he said, of what had been done in the king's trial or the king's death. No compro- mise could meet the difficulty. An entirely new oath was eventually drawn up, for the satisfaction of Sir Henry Vane.* The first measure we find traces of, after Vane's adhesion to the Commonwealth, is the issue of several new writs to the House of Commons. I may mention that, before his ad- hesion, the first public act of the council of state had been to recommend to Parliament to vacate the appointment of the Earl of Warwick (objectionable as a Presbyterian) to the office of lord-admiral. A bill had, in consequence, been brought in and passed, for repealing Lord Warwick's ordinance, and vesting the power of lord-admiral in the council of state. The next day another act was made, appointing Robert Blako, Edward Popham, and Richard Dean to the command of the fleet, each of whom afterward made his name familiar and eminent on the seas. Finally, on the 12th of March, a committee of three was named by the council to carry on the affairs of the admiralty dence of his character and virtue, to pass unnoticed all his wretched slanderers. I may mention that one of the ten thousand doggerel libels against him is preserved as a spe- cimen in the Appendix (C) at the end of this article. " I presume," says Stubbe to Baxter, "he looks upon it as be- low him, and his great and weighty employments, to write anything in his own vindication : he hath other business to look after, and not to spend his time about the passionate and rash scribblmgs of every biased and engaged person ; and therefore I think it not amiss, having more leisure and opportunity, not so much from any private or personal re- spect which I bear to him, as my love to the Commonwealth and public interest of these nations, which is owned and asserted by him upon just and honest principles, to clear up the innocency of that worthy knight, and to vindicate him, though without his privity and knowledge, from your lies and aspersions." * In his speech on his trial he told this to his judges: " When that great violation of privileges happened to the Parliament, so as by force of arms several members thereof were debarred coming into the House and keeping their seats there, this made me forbear to come to the Parlia- ment for the space of ten weeks, to wit, from the 3d of De- cember, 1648, till towards the middle of February following, or to meddle in any public transactions ; and during that time the matter most obvious to exception, in way of alter- ation of the government, did happen. I can, therefore, truly say, that as I had neither consent nor vote, at first, in the resolutions of the Houses, concerning the non-addresses to his late majesty, so neither had I, in the least,, any consent in, or approbation to, his death ; but, on the contrary., when required by the Parliament to take an oath, to give my ap- probation, ex post facto, to what was done, I utterly re- fused, and would not accept of sitting in the council of state npon those terms, but occasioned a new oath to be drawn wherein that was omitted." and navy, and Sir Henry Vane was placed at their head : Wauton and Rowland Wilson were the other members of the committee. Thus, in the administrative genius, the vigour, and the capacity of Vane in the heroic courage, wonderful knowledge, and splendid virtues of Blake was laid the foundation of a naval su- premacy for England which she had not seen since Elizabeth's days. Bradshaw was elected president of the coun- cil on the 10th of March. Three days latter, Milton, the kinsman of Bradshaw, was made secretary to the council for foreign tongues, which office had been held by Weckerlin under the committee of both kingdoms. " It is im- possible," observes Mr. Godwin, " to consider these appointments without great respect. They laid the foundation for the illustrious figure which was made by the Commonwealth of England during the succeeding years. The admirable state of the navy is in a great degree to be ascribed to the superlative talents and eminent public virtue of Vane. The naval com- manders were such as can scarcely be equalled in any age or country. The attachment of Mil- ton is equivalent to volumes in commendation of Bradshaw. The perfect friendship of these three men, Milton, Bradshaw, and Vane, is, in itself considered, a glory to the island that gave them birth. The council, we are told, took up a resolution that they would neither write to other states, nor receive answers, but in the tongue which was common to all, and fittest to record great things, the subject of future his- tory. And they fixed on Milton, the language of whose state papers is full of energy and wis- dom, and must have impressed foreign states with a high opinion of the government from which they came. The character of the great poet of England frequently discovers itself in these productions, without detracting in the smallest degree from the graveness and sobriety which the occasions and the rank of the nation in whose name they were written demanded. On the other hand, Milton, who felt as deeply as any man that his proper destination was the quiet and sequestered paths of literature, con- ceived that he could not decline a public station when the demand came to him from such men, and was that he should devote himself to the service of that scheme of a republic which above all earthly things he loved."* The next question that came to be consider- ed in the council of state was, beyond every other question, the most important and the most difficult. It related to the dismission of the present Parliament and the summoning of another. No popular or representative gov- ernment can be said to exist without success- ive Parliaments, and the present House of Commons had sat for a period unheard of in our history, though fully warranted by the crit- ical circumstances of the time. The passages I have quoted from Vane's statement of the " Case of the People," show most clearly, as it appears to me, that the act declaring that this Parliament could not be dissolved but by their own consent, was the corner-stone of all their public services, and of all the liberty that has since existed in this island. The Legislature that had been guided in their original measures * HiitTof Com., in., 33. SIR HENRY VANE. 307 by Pym and Hampden, and that, after their early decease, had been worthily, and in an eminent degree in their spirit, conducted by their successors, is perhaps, all things consid- ered, " the most illustrious assembly whose acts are recorded in the history of the world." They had now completed all that originally they undertook. "They had conquered the determined enemy of Parliaments ; they had finished the civil war ; they had destroyed des- potism, for he that had grasped the sceptre was no more, and his family, and even the idea of government to be vested in the hands of a sin- gle person, was publicly proscribed. All that remained to complete their glory was for them to put an end to their authority, and tranquilly to deliver up their power into the hands of their successors." And this, as it appears to me, would not only have completed their glory, but, in all human probability, assured the Commonwealth's safe- ty. In such peculiar cases, in the circumstan- ces of such a change in the form of the govern- ment accomplished, be it observed, and not mere- ly struggling to its accomplishment, as we have recently seen it more would have been gained by trusting the people than by distrusting them.* It is right, at the same time, to listen to what the ablest advocates of the course they adopted have to say in its favour. " Monarchy," says Mr. Godwin, " was at an end ; the House of Lords was extinguished ; it had been solemnly decreed that the Commons of England in Par- liament assembled were the supreme authority. But all was yet in a state of convulsion and uncertainty. The tempest might be said to be over, but the atmosphere was loaded with threatening clouds, and the waves swelled this way and that with no unequivocal tokens of uneasiness and turbulence. This was the task that it fell to the present possessors of the le- gislative power to perform : to produce that calm, to adopt all those preliminary measures which might enable the present Parliament safely to deliver up the reins of political power to the next. They had advanced far to this end. They had erected a council of state, which comprised in its body much of what was most extraordinary in talents, and most un- questionable in public spirit and disinterested virtue, that was to be found in the nation."! "The great statesmen," Mr. Godwin contin- ues, " who guided the vessel of the Common- wealth at this time had established a republic without king or House of Lords, the only gov- ernment in their opinion worthy of the alle- giance and support of men arrived at the full use of their understanding. They felt in them- selves the talent and the energies to conduct this government with success. They wished to endow it with character, and gain for it re- spect. Having shown their countrymen prac- tically what a republic was, they proposed to deliver it pure, and without reserve, into their hands, to dispose of as they pleased. This was their project. The present state of England was of a memorable sort. The great mass of the community, through all its orders, was now, * Was it not proved afterward that this would have been the correct course, by the independent and spirited tone as- turned even in the Parliaments summoned by the usurper? They are glanced at in the memoir of Marten. t Hist, of Com., iii., 108. particularly after the able and successful ad- ministration of the Commonwealth in its first six months, content to submit, at least for the present, to the existing government. But prob- ably not more than a third part of the nation were sincere adherents to the Commonwealth's men and the Independents ; the other two thirds consisted of Royalists and Presbyterians. Both of these, however disposed for a time to rest on their arms, were but so much the more exasperated against their successful rivals. Both these latter parties were for a monarchy, to be established in the line of the house of Stuart. Both were averse to the endurance of any religious system but their own. Stubbe, the protege and intimate friend of Vane, says, the supporters of intolerance were five parts in seven of the inhabitants of England. The ob- jects of Vane and Cromwell were the admin- istration of a state without the intervention of a sovereign and a court, and the free and full toleration of all modes of religious worship and opinion. They would have held themselves criminal to all future ages if they supinely suf- fered the present state of things and the pres- ent operative principles to pass away, if they could be preserved. Cromwell, and Ireton, and Vane, and the rest, were intimately persuaded that, by a judicious course of proceeding, these advantages might be preserved. If things were allowed to continue in their present state, and if, by a skilful and judicious administration, the Commonwealth came by just degrees to be re- spected both abroad and at home, they believed that many of those persons who now looked upon it with an unkind and jealous eye would become its warmest friends. They felt ia themselves the ability and the virtue to effect this great purpose. The Commonwealth was now viewed with eyes askance and with feel- ings of coldness, if not of aversion ; but when once it was seen that this form of government was pregnant with blessings innumerable, that it afforded security, wealth, and a liberal treat- ment to all in its own borders, and that it suc- ceeded in putting down the hostility of Ireland and Scotland, in impressing with awe Holland, France, Spain, and the various nations of the Continent, and in gaining for England a charac- ter and a respect which she had never possess- ed under any of her kings, they believed that the whole of the people, in a manner, would become Commonwealth's men, and would hold embraced in the straitest bonds of affection a government to which now they had little par- tiality. They sanguinely anticipated that they should effect all this ; and then how glorious would be the consummation to convert their countrymen to the cause of freedom by benefits and honours, to instil into them the knowledge of their true interests by the powerful criterion of experience, and finally to deliver to them the undiminished and inestimable privileges of free- men, saying, " Exercise them boldly and with- out fear, for you are worthy to possess them."* Such, no doubt, was the process of reason- ing with the purest and loftiest minded of those men the Vanes, the Martens, the Sidneys, the Ludlows, the Iretons, the Bradshaws : it may well be disputed in the case of Cromwell ; but, admitting all this, it would seem, nevertheless, * Hist, of Com., ii., 118, 119. 308 BRITISH STATESMEN. to have been a grand mistake to suppose that any lasting beneficial impression could have been produced in the minds of the people by merely administrative talents or glories, how- ever great or triumphant. What the people wanted in the new form of government to lay its foundation deeper in their hearts, was what Vane has- so ably pointed out in the political writings I have quoted, new institutions found- ed on the principles of the old. Granting the truth of what Mr. Godwin urges, it amounts to this, in fact, that the only present guarantee of the new Commonwealth rested in the army. Where, then, was the guarantee for the virtue or fidelity of the army 1 To themselves alone, or to men who had achieved influence over them, were they accountable. Remarkable as the circumstances were which widely distin- guished them from the character of ordinary soldiers, it is yet certain that, when they found themselves the guardians of a Commonwealth in which all things were unsettled, and in which that very power which was more than ever necessary, in such a state of government, to hold together the elements of order and of liberty the power and the authority of the people was altogether excluded, the tempta- tion was too great for men of much more than ordinary virtue. " Qui gardera les gardiens ?" There is much reason to believe, in my opin- ion, that Vane was overruled upon this ques- tion, and that he afterward, for that reason, desponded of immediate success in the achieve- ment of the great part of the Republican de- sign.* Some of his speeches in Richard Crom- well's Parliament will, I think, throw some light on this, and an extract from his friend Sikes's tribute may be urged in illustration of it ; but these claim a place hereafter. One thing is quite certain, that Vane exhibited a perpetual uneasiness respecting the dissolution of the Parliament ; was constantly mooting it in some form or other ; and, as soon as he detected the traitorous design of Cromwell, distinguished himself by a memorable effort to secure those * " This prophet or seer of God, in the midst of the great- est successes in the late war, when the churches, Parlia- ment, and army reckoned their work done, thought their mountain so strong that they should never be moved, said the bitterness of death and persecution is over, and that nothing remained but (with those self-confident Corinthians) to be reigning as kings, he discovered himself to be of an- other spirit, with Paul he could not reign with them. When they thus mused and spake, ' We shall sit as a queen, we shall know no more sorrow,' he would be continually foretelling the overflowing of the finer mystical Babylon by the most grossly idolatrous Babylon, and the slaying of the true witnesses of Christ between them both, as the conse- quence of such inundation. Has not he had his share in the accomplishment of his own prediction ? Have not they, by their pride, apostacy, and treachery, been the occasion of his and their own sufferings, who would not believe him when he prophesied of such a suffering season. Have not floods of Belial judges, counsellors, witnesses, jurors, sol- diers of Belial, compassed him about 1 Did Scripture, law, or reason signify anything with them ? So the waters went over his soul ; they took away his life from the earth. Yea, the rage and violence of brutish men followed him close at the heels, to his very execution stroke. But however it was with him as to a certain foresight of particular events, yet that he could conjecture and spell out the most reserved consults and secret drifts of foreign councils against us (which they reckoned as tacita, concealed till executed), the Hollander did experience to their cost." So says Sikes in his extraordinary pamphlet, and, reduced to the ordinary language, it seems to me to express something like the feel- ing alluded to in the text. The closing allusion is to that power immortalized by Milton as having been possessed to an eminent degree by Vane of unfolding " the drift of hol- low states hard to be ipelled." rights for the people that had been so long, and, as he then at last perceived, so fatally delayed. The steps that were taken to strengthen the present House may be shortly described. The first of May is the day on which we trace the earliest mention of the subject in the journals. It was then determined that the business re- specting due elections and equal representatives should be taken into consideration on the third day following. It was mentioned again on the fourth and the fifth, and on the eleventh was revived in the shape of a debate on the ques- tion of putting a period to the present Parlia- ment, which was referred to a grand commit- tee, or committee of the whole House. This question appears to have originated with Vane ; he was chairman of all committees named re- specting it. The committee of the whole House sat on the fifteenth, and prepared a resolution, which was immediately after voted by the House, that, previously to the naming a cer- tain time for the dissolution of Parliament, a consideration should be had of the succession of future Parliaments, and the regulating their elections. This consideration was referred to a committee, consisting of Vane, Ireton, Scot, Nathaniel Rich, Algernon Sidney, and four oth- ers, who were to present to the House heads proper for their deliberation in determining on the subject. They were directed to sit every Monday and Friday. It is remarkable to no- tice the frequent mention of the sittings of this committee recorded in the journals, and the never-failing presence of Vane. The tempora- ry arrangement which dispensed with a disso- lution for the present had not dispensed with the sittings of this committee. That temporary arrangement was at last ef- fected thus : The exact numbers of the House were first ascertained. It had been determined by the act of the first of February that no per- son should be admitted to sit and vote as a member of the Legislature till he had declared his dissent from the vote of the fifth of Decem- ber, that the king's answers to the propositions were a ground to proceed on for the settlement of the kingdom. The number of those who on that day voted for the negative was eighty- three. But every member was now required to enter his dissent ; and by a careful collation of the journals, it appears that the number of these, between the twentieth of December and the thirtieth of June following, could not be less than one hundred and fifty.* There were only six writs issued during this period, and these were in the room of members deceased. The ninth of June may be considered as the day on which the government first manifested its in- tention of continuing the existence of the pres- ent Parliament. On that day it was resolved that such members of the House as had not sat since the beginning of December should state their cases by the last day of the present month to the committee for absent members, which if they neglected to do, writs should then issue for new elections in the place of those who should so neglect. The question of any far- ther new writs in the room of members deceas- ed appears to have been laid aside. The first year of the Commonwealth closed with Cromwell's reduction of the rebellion in * Hist, of Com., HI., 121. SIR HENRY VANE. 309 Ireland after terrible slaughter, and with the trial and acquittal of the notorious Lilhurne on a charge of treason against the government. Vane again took his seat in the second year's council of state. The historian of the Com- monwealth thus notices the gradual construc- tion of the naval administration over which the great statesman presided : " The committee of the admiralty and navy was first named on the 12th of March, twenty-three days from the ori- ginal instalment of the council of state, and then onsisted of only three persons, Vane, Valentine Wauton, and Alderman Rowland Wilson. Two others, Jones and Scot, were added in the course of the month, and two more, Purefoy and Stapeley, on the 6th of June. Vane was all along the principal person in the care of the navy of England : when the war broke out between the Dutch and the Eng- lish, he and two or three more were appointed commissioners to conduct it ; and to his activ- ity and skill contemporary writers principally ascribe the memorable success in which that contest issued. The committee of the admi- ralty in the second year were Vane, Wauton, Jones, Scot, Purefoy, Stapeley, the Earl of Salisbury, Lord Grey of Groby, Alexander Pop- ham, and Robert Wallop." Alderman Rowland Wilson (of whom Whitelocke says, " He was a gentleman of excellent parts and great piety, of a solid, sober temper and judgment, and very honest and just in all his actions, beloved both in the House, the city, and the army, and by all that knew him, and his death as much lament- ed") had died immediately before. In the excellence of an administrative sys- tem, nothing could surpass the arrangements of the Commonwealth. They again renewed this year five other committees in the council of state for the ordnance, Ireland, private ex- aminations, the laws, and negotiations with for- eign powers. These committees all varied in their amount, being from seven to ten or twelve members each, and the same counsellor of state being often on different committees.* Immense advantages accrued from this methodical distri- bution of the business of administration. The council at large, whose order-books are pre- served, assembled for the general affairs of government, and to them, in the first instance, were confided the powers of the state. But these different committees, when they sat apart, had their attention directed, without distrac- tion, to the special business for which they had been n-amed, and either prepared matters for the guidance and decision of the council in gen- eral, or, as appears from the articles of instruc- tions to the council, being of a certain assigned number, were authorized and empowered to give directions immediately, as from them- selves, in the departments consigned to their care.t Meanwhile young Charles Stuart was in the field against the Commonwealth in Scotland, and Fairfax had accepted the chief command of the expedition against him, when his wife * We find the name of Vane in almost all the various ad- ministrative measures of the time. And it is interesting to observe him engaged, among other things, on the measure which had last occupied the great mind of Pym. " Re- ferred," says one of VVhitelocke's notes, p. 392, " to a com- mittee to prepare an act upon Sir Henry Vane's report touching- the excise." t Hist, of Com., iii., 181. prevailed with him to resign it. By this fatal weakness Cromwell was left without a rival in the absolute command of the army, and he at once marched, "in glory and in joy," to his great Scotch campaign. The battle of Wor- cester afterward crowned his triumphs, and settled, for the present, the safety of the Com- monwealth from foreign foes. But with the opening of this second campaign by Cromwell,* Vane had manifested his suspi- cion of her danger from a more terrible treason. We observe it in the restless movements that were again resumed in the House of Commons, on the question of dissolution and a new House. We have seen that on the 15th of May, 1649, a committee had been appointed to take the subject into consideration. It consisted of Vane, Ireton, Scot, Algernon Sidney, and five other persons, among whom Vane had placed his father. Its first report, however, was not brought in till the 9th of January of the follow- ing year, some change having in the mean time taken place in the members of which it was constituted, and Ireton being on service in Ire- land. On that day " Henry Vane the younger" introduced it, and its first proposition appears to have coincided with the suggestion of the Agreement of the People, tendered by the gen- eral council of the army twelve months before, that the representation of the people of Eng- land should consist of 400 members, though with a distribution to the counties, and the towns within them, somewhat different. It re- ferred the succession of Parliaments, and the qualifications of the electors and elected, to fu- ture consideration, and recommended that all members now sitting in Parliament should be counted in the next Parliament as representa- tives for the places for which they at present sat. The first proposition, that the represent- atives should be in number 400, was voted by Parliament on the day that the report was brought up. The rest was deferred ; and Vane seems to have pressed with great anxiety for its completion, but without effect. He had consented to the provision for the continuance of the present members in the House as in some sort a necessary compromise in the ne- cessities of the case, to enable the original achievers and founders of the Commonwealth to deliver into the hands of the new represent- atives such a statement as they alone could give of their motives and reasons for the late memorable actions, and to report themselves, no less than their cause, aright to the unsat- isfied ; but still the dissolution was delayed. * Mr. Godwin, always too partial to the motives of Crom- well, 'lates his own suspicion of the intentions of the usurp- er at a somewhat later date. " It was only," he observes, "by slow degrees that he came to entertain those ambi- tious thoughts that in the sequel proved fatal to his own character and the welfare of his country. But they found entrance ; and imperceptibly they proceeded to undermine the pillars of integrity and honesty in his bosom He saw himself without a competitor. He had no equal. He began to disdain and despise those with whom he had hitherto acted. Incomparably the man of the highest genius he now met in the council-chamber at Whitehall was Sir Henry Vane. But what was Vane ? He was wholly unfit to com- mand an army. He did not possess that most glittering and striking of human accomplishments, to look through whole files and squadrons of athletic, well formed, and well armed men, and inspire them at once with confidence, submission, and awe, and make them move as if they had only one soul, and march at his word unflinching, even to the cannou'i mouth." iii., 218, 219. 310 BRITISH STATESMEN. Again the committee resumed its sittings, and through this and the following year would seem to have met upward of fifty times. Still no- thing decisive was done. At last Vane pro- cured the passing of a resolution that the sub- ject should be again discussed in the House on the 24th of September, 1651. Cromwell had arrived meanwhile from the tri- umphant field of Worcester, " brooding strange thoughts by the way."* Finding matters in the House of Commons brought to this crisis by Vane, he seems at once to have decided on practising one of his profoundest arts of decep- tion. He professed broadly his concurrence in the measure proposed, and announced his ear- nest desire for a new Parliament and a popular representation ! Whether Vane was in any way moved by this to forego his suspicions, does not with any certainty appear. The debate took place on the day appointed, and on the 25th the House voted, upon a divis- ion, Cromwell and Scot being tellers for the majority, that a bill should be brought in for fixing a certain time for closing the present Parliament and calling another ; and it was referred to Saint John, Whitelocke, Lisle, Pri- deaux, Say, Miles Corbet, and eight others, to prepare the bill. Next day the names of Vane, Cromwell, Marten, and Salway were added to this committee ; and it was ordered that all that came should have voices in their decisions. On the 1st of October it was directed that this committee should sit every afternoon till the bill was ready. At the expiration of one week the bill was brought in and read a first time, and, two days after, a second time. It was then committed to a committee of the whole House, which was ordered to sit daily from the 14th to the 28th. The committee sat with few interruptions till the 4th of November. On that day it was directed that a new chairman should take the chair ; and on the 12th it was found necessary that the sergeant-at-arms should go into Westminster Hall and summon the members, as well judges as others, to at- tend the House for the farther consideration of the bill. On the 13th the House was desired to examine the question, whether it be now a convenient time to fix the period at which the sittings of the present Parliament should cease ; and on .the 14th it was decided that this was a proper time. This decision was not adopted without two divisions, the first of fifty to forty- six, and the second of forty-nine to forty-seven ; Cromwell and Saint John being in each instance tellers for the majority. On the 18th it was voted without a division that the period should be the 3d of November, 1654.t The conquest of Scotland now led to the in- corporation of that country with the English Legislature. A union was devised on large and liberal terms, and the genius of Vane, ex- erted with such effect in Scotland on a previous most memorable occasion, was thought essen- tial to .the successful achievement of the meas- ure. He at once consented to proceed to Scot- land as one of the commissioners for the settle- ment of the union. It was a trying time for * " That man would make himself our king !" said Hugh Peters, who saw him on the road. t I ascertain these various divisions from Godwin's His- tory of the Com., p. 305, 306. such a duty ; but his country never required his services in vain. "It marks,' 1 says Mr. Godwin, " the generous and unsuspicious mind of Vane, who consented to go upon a journey to Scotland for certainly not less than two months, and to leave the military party with- out his personal opposition during that term. We may also infer from this fact the slow, de- liberate, and cautious procedure of Cromwell. Vane would scarcely have engaged in this transaction, and have withdrawn himself for so long a time from the metropolis, if Crom- well and he had not been seemingly on terms of friendship." The instructions to the commissioners were finally given on the 18th of December. They reached Scotland in the course of the following month, and opened their proceedings at Dal- keith, six miles from Edinburgh. Their pur* pose was to summon deputies from the differ- ent shires and boroughs of Scotland to meet them, and declare their assent to the proposed union. They sat during the greater part of January and the whole of February, and on the 1st of March they sent up Vane and another of the commissioners to report to Parliament the progress they had made, from whose statement it appeared that twenty shires and thirty-five boroughs had already assented to the union.* In consequence of this report the act of union was brought in, and read a first and a second time on the 13th of April. In a very remarka- ble speech in the Parliament of Richard Crom- well (reported in the recently published Diary, by Burton), in which Vane argued most sub- tilely for the exclusion of the Scotch nominees or members who would have turned the ma- jority against the Republicans, he stated that this act of union, in so far as it related to rep- resentation, had never been duly perfected. I insert the speech here, both as illustrative of his share in this famous transaction, and of those sound philosophical views of the neces- sity of " laying foundations" in matters of gov- ernment which we have been doomed to see defeated in these first years of the Common- wealth. " This gentleman's discourse about the union has called me up. I shall represent the true state of that union. Admitting the premises agreed by the whole House, I shall deny the conclusion that it is right, convenient, or pos- sible to admit them to a right, either in law or fact, to sit here. " Those that you sent to treat had their great aim to settlement and peace, and to lay aside all animosities. The difference arose about imposing a king upon us. We conquered them, and gave them the fruit of our conquest in ma- king them free denizens with us." He read the declaratory part, and acknowl- edged that to be the union, and stated the prog- ress of it. " It is the interest of this nation to own and countenance that union. None of my argu- ments shall weaken it. The ordinance for union relates to this declaration. It was thus brought back again by your members from Scot- land, that there should be one Parliament, by successive representatives. This is your union, and, when opened, none will deny it. To the Godwin, Hist, of Com., in., 320. SIR HENRY VANE. 311 completing of this, accordingly, commissioners attended the Parliament. We agreed then the number to be thirty-five to represent Scotland. The Parliament accepted the result from our and their commissioners. A bill was prepared to pass if that Parliament had not been broken up. In that respect, the public faith of the na- tion was much concerned to promote it. He that will deny it, departs from the very cause we have managed. " It is to be confessed, the union was per- fected in the time of last Parliament. It only wanted the last hand, which should have chan- ged the constitution of Parliament. There was no foundation in law in the Long Parliament to receive them from Scotland or Ireland till we had settled our own Constitution. The com- mittees that came from Scotland did not sit here, but only treated with your committee. " You must vary your own Constitution, as well to make you fit to receive them as for them to come, and therefore I moved that the writs be read. It was the true meaning of the petition and advice to distribute it so, by redu- cing their own number, to give place for Scot- land and Ireland. This the Long Parliament were about to do, to reduce themselves from 500 to 400. This was not done that Parlia- ment. I told you the reason. But this was done, by the providence of God, by the instru- ment of government a new Constitution, which reduced our own Constitution suitable to that for Scotland and Ireland and accordingly the Parliament in 54 and 56 sat. This was re- served to be done by the petition and advice, but prevented also by the providence of God. It was left to no person to declare it, but singly as that Parliament should declare. That was left imperfected. '' It is one thing for us to be united and in- corporated, another thing to be equally repre- sented in Parliament by a right constitution. There is a great difference. As soon as you are a representative of that Commonwealth, then must the thirty be called, and not before. " There being a failure in the petition and advice as to the distribution, they were fain to have recourse to the common law and the old statutes. There being no act of Parliament for another distribution, they were forced to call you as we left it in 1648. " Now the single question is, whether, by the Act of Union, any right was created to any one ehire or borough of Scotland. If they send them, you cannot receive them without over- turning your own foundation. Your being thus called upon the old bottom, when no law was afoot to call Scotland or Ireland, your commis- sion is clear ; otherwise they were brought hither upon you, that if you will see it, you may ; if you will not, you may let it pass. " I think you are bound in duty and conveni- ence to perfect this union, both as to the dis- tribution and all other defects. " I assert two things, which I would gladly have answered : 1. That those gentlemen that are chosen from those shires or boroughs have no right to sit as members of the representa- tive of England, either by statute, common law, or agreement. 2. That there is no possibility of receiving them till you agree, by act of Par- liament, on the distribution, and other things. To say the chief magistrate may do it is ex- pressly against the petition and advice. He cannot do it, it being neither in law, state, nor in the commission. " Durham had as much a possessory right ; why was not his oath broken as well in that as in this 1 Haply, he knew more what the peo- ple of Durham would say when they were ap- plied to. " Honestly and uprightly make it your first bu- siness to settle your own Constitution. It is said you go slowly on. Whose is the fault 1 If no new commission had been sent out, you might have gone on to have done a great deal of good. This is an imposing upon you. " I would have this to be your first business to lay foundations . Obstructions in the fount- ain are dangerous : that body cannot live. There is no remedy but to do that by law which cannot possibly be done without it. The single person may as well send one hundred as thirty, and all for one place, and so rule your debates as he pleases. This is the highest breach that can, be. Where are you, or posterity, upon the account of prudence ? You see how the state of your af- fairs is abroad how the Swede is, since your mighty debate. France and Spain are very likely speedily to agree ! " It is an ill time for any man to assume to rule without a Parliament. In this juncture of time, I believe the Protector does not know the state of this business. If any counsel him to the contrary, it will fall heavy upon them. I hope you will not call it an excrementitious formality : it is the very essence and being of your privilege. "Put the question, whether they have by law a right to sit, and that they may withdraw. If they do not, it is against the law of nature and nations to deny it. If they have no right by law to sit, none will insist upon it that they ought to continue." The commencement of hostilities with Hol- land furnished a great occasion for the display of the genius of Vane in affairs of government. It had already shone forth in the pre-eminent success of his naval administration in the mat- ter of Prince Rupert's expedition, and left for- eign nations, repeating the names of Vane and Blake, to wonder wherein lay the secret of English success, whether in the genius of the council-chamber of the Commonwealth, or the bravery of her sons upon the waves. During a portion of the Dutch war, Vane was not only at the head of naval affairs, but also president of the council, and his exertions were almost incredible.* When the war began, the * " The next branch of his public usefulness, in a politi- cal capacity, was his most happy dexterity at making; the best of a war. Armies are to small purpose abroad unless there be sage counsel at home. He heartily laboured to prevent a war with Holland,. but the sons of Zerviah, a mil- itary party (that too much turned war into a trade), were too many for him in that point. He therefore set himself to make the best of a war for his country's defence. In this war, after some dubious tights (while the immediate care of the fleet was in other. hands), he, with five others, wera appointed by the Parliament to attend that affair. Here- upon he became the happy and speedy contriver of that successful fleet that did our work in a very critical season, when the Hollander vapoured upon our seas, took prizes at pleasure, hovered about our ports, and was ready to spoil all. His report to the House as to the war-ships by him recruited, ordered, and sent forth in so little time, to find the enemy work, seemed a thing incredible." The forego- ing is the testimony of Sikes, an unimpeachable witness. BRITISH STATESMEN. Dutch were lords of the ocean. " They were in the full vigour of their strength, and had nev- er yet, by sea, felt the breath of a calamity. They looked with contempt and impatience on the proud style the Commonwealth had assu- med. Our navy was comparatively nothing: theirs covered the ocean with their sails." Before the war had concluded, the united pow- ers of Vane and Blake had nevertheless struck down the pride of the United Provinces, and conferred on their beloved country that glori- ous title of mistress of the seas, which, to the present day, she has so gloriously maintained. A temporary reverse, which was deeply felt at the time, only served to set off more brill- iantly the subsequent exertions of Vane, and the success which crowned them. Blake, with only thirty-seven ships under his immediate command, had encountered Van Tromp in the Downs with a fleet of eighty sail, on the 29th of November, 1652. The fleet of the English admiral, imperfect as it was in number, was not even in proper fighting order ; but it was Blake's grand creed* that the English flag should never decline the challenge of an enemy, what- ever his advantages ; and the advice of his of- ficers, it is said, coinciding with his own, de- termined him to engage. The battle was fought with the utmost gallantry on both sides for about five hours, when night came on, and en- abled Blake to abandon the fight and escape into harbour with the loss of two ships, and others in a shattered state. Blake's ship was the most forward and fiercely engaged, and he was himself wounded. t The victorious Dutch- man, drunk with his triumph, afterward para- ded his fleet up and down the English Channel, with a broom fixed to his masthead, in derision of having swept the English navy from the sea. For this he was soon punished by the unpar- alleled efforts of Vane. The difficulty was a disastrous one at the moment, but his energies rose to the occasion. On the 29th the battle bad been fought. Not many days after, Vane reported the navy estimates to the House, and it was at once resolved that 40,000 per month should be devoted to the navy. The next and most difficult point was to raise the revenue to meet such an appropriation ; but Vane's energy and capacity surmounted it. He brought in a bill, and had it at once read a first and second time, to sell Windsor Park, Hampton Court, Hyde Park, the Royal Park at Greenwich, En- field Castle, and Somerset House, the proceeds of the whole to be for the use of the navy. In the beginning of February, Blake was put to sea by Vane with eighty ships of war, and soon fell in with Tromp, at the head of a squadron of equal size, convoying 200 merchantmen. A 'battle commenced on the 18th of February, off the Isle of Portland, which, for the weight of .the armaments engaged, the determined bra- very of the combatants, the length of time du- ring which it lasted, and the brilliancy of its .results, far transcended every previous naval * Another noble article in Blake's creed may be recorded "here, in contrast to the conduct of Cromwell. He was the -etanchest of Republicans ; but it is recorded of him that, on receiving the news of the dispersion of the Long Parlia- ment, he at ouce issued an order to the men of the fleet that their duty as seamen was to defend their country against 'foreign enemies, and not to meddle with political affairs. t ilist. from Mackintosh, vi., 168. action on record, and has never, perhaps, been since surpassed. It was fought and renewed through three successive days, and at the end of the third day Blake conquered. He captured or destroyed eleven ships of war and thirty merchantmen, slew 2000 men, and took 1500 prisoners. His own ships suffered severe- ly, but only one was sunk, and after her crew had been brought away ; but his number slain is stated as nearly equal to that of his enemy. Thus splendidly did Vane and Blake close the battles of that Republican Commonwealth whose own termination was now near at hand. Vane and Cromwell were at last on the eve of an open rupture. Before it is described, an interesting circum- stance claims our notice. During the progress of Vane's brilliant administration of the gov- ernment, Milton had addressed to him his fa- mous sonnet ; and at the same time, as if with the view of composing those fatal differences between them, which threatened the state with calamity, by showing how the glories of each might be celebrated by the same impartial pen, the divine poet forwarded another and not less famous sonnet to Cromwell. That to Vane was first published in Sikes's book ; and it is a singular circumstance that it escaped the no- tice of the first editors of Milton, and was only subsequently included in his poems. It had been sent privately to Vane, who furnished the copy to Sikes. I present it precisely as it was first printed, and with the commentary I have already referred to. " The character of this deceased statesman," says Sikes, " I shall exhibit to you in a paper of verses, composed by a learned gentleman, and sent him July 3, 1652. ' VANE, young in years, but in sage council old, Than whom a better senator ne'er held The helm of Rome, when gowns, not arms, repell'd The fierce Eperiot, and the African bold. ' Whether to settle peace or to unfold The drift of hollow states, hard to be spell'd, Then to advise how war may, best upheld, Move by her two main nerves, iron and gold, ' In all her equipage : besides to know Both spiritual power and civil, what each means, What severs each, thou hast leam'd, which few have done, The bounds of either sword to thee we owe ; Therefore on thy firm hand Religion leans In peace, and reckons thee her eldest son.' " The latter part of this sufferer's elegy in the above mentioned verses concerns his skill in distinguishing the two swords or powers, civil and spiritual, and the setting right bounds to each. He held that the magistrate ought to keep within the proper sphere of civil jurisdic- tion, and not intermeddle with men's conscien- ces, by way of imposition and force, in matters of religion and divine worship. In that healing question for which he was wounded by the late Protector (so called), he did sufficiently mani- fest this to be as well the magistrates' true in- terest as the people's just security. 'Tis ob- served by More and others, on various ac- counts, that the Roman emperors, owning and incorporating Christianity with the laws of the empire, strengthened the interest of the formal Christian, and drove the true spiritual wor- shipper into the wilderness. While magis- trates pretend, and, it may be, verily think they are doing Christ a high piece of service by such fawning and formal compliance, they are SIR HENRY VANE. 313 directly involved in the anti-Christian interes for the persecuting of Christ in his true spirit ual members. " This lover of his nation, and asserter of the just rights and liberties thereof unto his death, was also for limiting the civil power delegated by the people to their trustees in the supreme court of Parliament, or to any magis trates whatsoever. He held that there are certain fundamental rights and liberties of the nation, that carry such a universal and undeni- able consonancy with the light of nature, right reason, and the law of God, that they are in nowise to be abrogated or altered, but preserv- ed. What less than this can secure people's lives, liberties, and birthrights, declared in Magna Charta, and ratified by two-and-thirty Parliaments since 1 Let but once this truth be exploded and blown away, all the rights and liberties of the nation will soon go after it, and arbitrary domination and rapine may securely triumph over all. Deny that there are any fundamental irrepealable laws, and who can be secure as to life, liberty, or estate 1 For if, by an overruling stroke of abused prerogative, a majority in Parliament can be procured that will pull up all the ancient mischief by a new law, make reason and duty treason, and that postfactum too in this case, he that did things most rational and justifiable by unrepealed or irrepealable laws yesterday, may be condemned by a law made post factum, and executed to- morrow. By this means judges may be put into a most unhappy capacity of justifying the wicked and condemning the righteous, under colour of Parliamentary authority ; in both which things they are an abomination to the Lord." Vane was now using the same unparalleled exertions he had made for Blake, to avert the despotism of Cromwell. But Cromwell had completed all his plans, and was more than pre- pared for the opposition which " even his own beloved Vane" (as Clarendon expresses it) was organizing against him. It should be remark- ed that his motives for instant procedure had not been lessened by the measure Vane had in- cluded in his recent administrative plans, of the sale of Hampton Court, at that time in Crom- well's trust. Vane had also, as soon as Blake left for sea, procured a resolution of the House of Commons, appointing the 3d of November, 1653 (instead of the 3d of November, 1654, be- fore fixed on, as I have said), for the Parlia- ment's dissolution. Roger Williams, Vane's old friend of earlier years in his government of New-England, was staying at this time in Vane's country residence in Lincolnshire, and we find him writing over to his friends of New- England : " Here is great thoughts and prepar- ations for a new Parliament. Some of our friends are apt to think a new Parliament will favour us and our cause more than this has done."* Up to this moment, therefore, Vane would seem not to have despaired. Yet Cromwell's plans had left him not a single possibility of success. His instrument was the army, and his immediate agents the Republican officers. These officers had been first most thoroughly deceived ; and the silly simplicity of their en- * Baker's History of New-England, i., 287. R thusiasm appears to have deserved betrayal. They professed, and indeed felt, almost all of them, a rooted aversion to the government of a single person. Cromwell, therefore, had first to " convince them that Vane, and Bradshaw, and Marten, the great apostles of the Repub- lican school, and whom he had taught them be- fore to look upon with implicit reverence, were dishonest ;'' he had next to purge himself from the imputation of personal motives, and every alloy of the love of greatness and the love of power. All this he did ; and, as Mr. Godwin observes, " by degrees, by multiplied protesta- tions of the purity of his views and a self-de- nying temper, and by an apparent frankness, and the manifestations of a fervent zeal, he succeeded, and formed to himself a party as strong and as completely moulded to his sug- gestions and his will as the boldness of his pur- poses required." It appeared subsequently (and the circum- stance may possibly explain some of the diffi- culties of Vane's position in holding out the existence of the old Parliament so long) that Cromwell's plan had not always been that of a violent dissolution, but that, as far back as the preceding October, he had brought about vari- ous meetings between the officers of the army and certain members of the Parliament oppo- sed to Vane, for the purpose of convincing the latter of the necessity of putting a speedy end to their sittings. There were ten or twelve such meetings in all, and Cromwell's proposi- tion appears to have been that, the Parliament being dissolved, the government ad interim should be intrusted in the hands of a small number of persons of honour and integrity, and whose characters should be well known to the public. The number mentioned was forty. They were to supersede the council of state, and to consist of members of Parliament and officers of the army.* The secret object of this was to prepare the way for his own supremacy or kingship, by removing every existing legis- lative and executive body that had the appear- ance of being founded upon the customs and institutions of England. The proposed senate, or council of forty, would have been moulded in a manner agreeable to his wishes; or, at worst, he depended upon having a majority among them whom he could render subservient to his purposes. And all this the military Re- aublicans, saints of Democracy, and men of the Fifth Monarchy simply and gravely listened to, as auguring a blessed republic on the earth, while to these very men the wise and practical ounsels of Vane were denounced as visionary ! " Cromwell," says the historian of the Com- monwealth, " by calumnies, and the most in- idious suggestions, succeeded in alienating the major part of the army from the leaders of the Parliament. His first topic was, that they were talesmen who, without undergoing hardships and being exposed to dangers themselves, were willing to use the army as their tool, and felt no genuine interest in its prosperity and happi- ness. The next argument was, that these lazy nen, these ' baleful, unclean birds, perched as hey were at fortune's top,' divided all the good hings and the emoluments of the state among hem, totally insensible to the adversities and * Parl. Hist., ., 158. 314 BRITISH STATESMEN. privations which such a system inevitably en- tailed upon men of greater merit than them- selves. Vane he treated as an obscure vision- ary, whose speculations no man could under- stand, and who, while he pretended to superior sanctity and patriotism, had no bowels of com- passion for such as were not ready to engage themselves, heart and soul, in his projects. Others, agreeably to the austerity of the times, he exclaimed against as men of loose morals, and, therefore, unfit to be intrusted with the public safety. 'His own professed object was equality and a pure commonwealth, without a kingor permanent chief magistrateof any kind." All was now prepared for submission except the unquenchable resolution of Vane. On the 20th of April, 1653, he hurried down to the House of Commons, resolved to make a last effort to sustain the Republic. By his exer- tions within the last month, all the amendments from his report on the dissolution bill had al- ready been decided on in the successive sittings of the House, and all that now remained was the third reading, and that sanction of the Par- liament which should give the bill the force of a law. Vane, on his arrival in the House, at once rose, and vehemently urged the necessity of passing through these latter forms at once, imploring them, for the most pressing reasons, to hazard no farther delay. Upon this a debate arose, for Cromwell had instructed his myrmi- dons. Harrison spoke in remonstrance and ex- postulation, and was answered more warmly still. Meanwhile Cromwell and his military cabal were sitting in consultation at Whitehall. He had dismissed many who happened to be mem- bers of the House on the first announcement of its sitting, but still remained himself with a few others. At length Colonel Ingoldsby re- appeared from the House in violent haste and excitement, and told him that if he meant to do anything, he had no time to lose.* Cromwell hastily commanded a party of soldiers to be inarched round to the House of Commons, and, attended by Lambert and five or six other offi- cers, at once proceeded there himself. Some of the soldiers he stationed at the door and in the lobby, and led some files of musketeers to a situation just without the chamber where the members were seated. t " In plain black clothes, with gray worsted stockings," Cromwell quietly made his appear- ance on the floor of the House of Commons. Vane was urging passionately the necessity of proceeding to the last stage of the bill, with the omission of immaterial forms, such as the cere- mony of engrossing. Cromwell stood for a mo- ment, and then " sat down, as he used to do in an ordinary place." After a few minutes he beckoned Harrison. " Now is the time," he said ; " I must do it !" Harrison, doubtful, at the instant, of the effect of what Vane was urging, advised him to consider. " The work, sir," he added, "is very great and dangerous." "You say well," retorted Cromwell, hastily, and " sat still for another quarter of an hour." The question was now about to be put, when Cromwell suddenly rose, " nut off his hat, and spake." " At first," says Lord Leicester (on * Whitelocke, 539 ; Perfect Politician, 168. t Leicester's Journals, 192 ; Sidney Papers, by Blencowe. the information, no doubt, of Algernon Sidney), " and for a good while, he spake to the com- mendation of the Parliament for their pains and care of the public good; but afterward he chan- ged his style, told them of their injustice, delays of justice, self-interest, and other faults" in other words, he poured out, according to the re- ports of every one present, a vehement torrent of invective. Vane rose to remonstrate, when Cromwell, as if suddenly astonished himself at the extraordinary part he was playing, stopped and said, " You think, perhaps, that this is not Parliamentary language I know it '." Then, says Lord Leicester, "he put on his h at, went out of his place, and walked up and down the stage or floor in the midst of the House, with his hat on his head, and chid them soundly, looking sometimes, and pointing particularly upon some persons, as Sir R. Whitelocke, one of the com- missioners for the great seal, and Sir Henry Vane, to whom he gave very sharp language, though, he named them not, but by his gestures it was well known he meant them." One person, he said (aiming, Lord Leicester adds, at Vane), " might have prevented all this, but he was a juggler, and had not so much as common hon- esty. The Lord had done with him, however, and chosen honester and worthier instruments for carrying on his work." All this he spake, says Ludlow, "with so much passion and dis- composure, as if he had been distracted." Vane's voice was heard once more, and Sir Peter Wentworth and Marten seconded him. " Come, come," raved Cromwell, " I'll put an end to your prating. You are no Parliament. I'll put an end to your sitting. Begone ! Give way to honester men." The tyrant then stamped his foot very heav- ily upon the floor, the door opened, and he was surrounded by musketeers with their arms ready. "Then the general," says Lord Lei- cester, " pointing to the speaker in his chair, said to Harrison, ' Fetch him down !' Harri- son went to the speaker and spake to him to come down, but the speaker sat still and said nothing. ' Take him down !' said the general ; then Harrison went and pulled the speaker by the gown, and he came down. It happened that day that Algernon Sidney sat next to the speaker on the right hand. The general said to Harrison, ' Put him out !' Harrison spake to Sidney to go out, but he said he would not go out, and sat still. The general said again, ' Put him out !' then Harrison and Worsley (who commanded the general's own regiment of foot) put their hands upon Sidney's shoul- ders as if they would force him to go out. Then he rose and went towards the door. Then the general went to the table where the mace lay, which used to be carried before the speaker, and said, ' Take away these bawbles !' So the soldiers took away the mace."* Helpless in the midst of this extraordinary scene, the members had meanwhile been grad- ually withdrawing. As they passed Cromwell, he addressed the leading men with passionate bitterness. He accused Alderman Allen of embezzlement, and Whitelocke of gross injus- tice. He pointed to Challoner, and told his soldiers he was a drunkard ; he called after Sir Peter Wentworth that he was an adulterer; * Leicester's Journals, p. 140, 141. SIR HENRY VANE. 315 and as his old friend Harry Marten passed him, he asked if a whoremaster was fit to sit and govern. Vane passed him among the last, and as he did so, " said aloud, ' This is not honest ! Yea, it is against morality and common hon- esty !' " Cromwell stopped for an instant, as if to recollect what vice he could charge his great rival with, and then addressed to him, in a loud but troubled voice, the memorable words, " Sir Harry Vane, Sir Harry Vane ! the Lord deliver me from Sir Harry Vane .'" He was now master. He " seized on the records, snatched the act of dissolution from the hand of the clerk," commanded the doors to be locked, and went away to Whitehall.* When Cromwell arrived that day at White- hall, he was the absolute dictator of three king- doms : when Vane reached his own home, he was once more a private man, with no author- ity in the state, with little fortunet left from what he had so generously devoted to his coun- try, with no remaining influence in the world save that of his genius and his virtue. Yet who would have chosen between them 1 This memorable Long Parliament had many glorious epitaphs written over it. * " It was thus," says Ludlow, " that Cromwell contrived to be rid of this Parliament, that had perform- ed such great things, having subdued their en- emies in England, Scotland, and Ireland ; es- tablished the liberty of the people ; reduced the kingdom of Portugal to such terms as they thought fit to grant ; maintained a war against the Dutch with that conduct and success, that it seemed now drawing to a happy conclusion ; recovered our reputation at sea ; secured our trade, and provided a powerful fleet for the service of the nation. And however the malice of their enemies may endeavour to deprive them of the glory which they justly merited, yet it will appear to unprejudiced posterity that they were a disinterested and impartial Parliament, who, though they had the sovereign power of the three nations in their hands for the space of ten or twelve years, did not in all that time give away among themselves so much as their forces spent in three months." " Thus it pleased God," says the cautious Whitelocke, " that this assembly, famous through the world * I have taken the various points in the foregoing account from very many authorities, all of them of the highest ve- racity. Whitelocke, Ludlow, Lord Leicester, The Perfect Politician, The Parliamentary History, and the Journals of the time. It will complete the curiosity and interest of the narrative to subjoin the " official" account of the incident published two or three days after in Cromwell's paper, the Mercurius Politicus : " Westminster, April 20. The lord- general delivered in Parliament divers reasons wherefore a present period should be put to the sitting of this Parlia- ment, and it was accordingly done, the speaker and the members all departing. The grounds of which proceedings will (it is probable) be shortly made public." t This circumstance has already been glanced at. Vane's estates had suffered in the civil war ; he had assisted the public treasury with various large sums ; he had refunded positive receipts from his office, and surrendered an income of 30,000 a year ! In point of fact, he was now a poor man he might have been the wealthiest of the wealthy. But let us hear Sikes : " Such were his abilities for despatch of a business if good, or hindering it if ill, that had his hand been as open to receive as others to offer in that kind, he might have treasured up silver as dust. Many hundreds per annum have been offered to some about him in case they could but prevail with him only not to appear against a pro- posal. On the least intimation of such a thing to him, he would conclude it to be some corrupt, self-interested de- sign, and set himself more vigilantly and industriously to oppose and quash it." for its undertakings, actions, and successes, having subdued all their enemies, were them- selves overthrown and ruined by their own ser- vants ; and those whom they had raised now pulled down their masters : an example never to be forgotten and scarcely to be paralleled in any story, by which all persons may be instruct- ed how uncertain and subject to change all worldly affairs are, and how apt to fall when we think them highest. All honest and pru- dent indifferent men were highly distasted at this unworthy action." "The Parliament," observes the accomplished Mrs. Hutchinson, " had now, by the blessing of God, restored the Commonwealth to a happy and plentiful condition ; and although the taxes were great, the people were rich and able to pay them ; they had some hundred thousand pounds in their purse, and were free from enemies in arms within and without, except the Dutch, whom they had beaten, and brought to seek peace upon honourable terms. And now they fell, because they thought "it was time to de- liver the people from their burdens, which could not be but by disbanding unnecessary of- ficers and soldiers." " When Van Tromp," says Algernon Sidney, " set upon Blake in Folkestone Bay, the Parliament had not above thirteen ships against threescore, and not a man that had ever seen any other fight at sea than between a merchant-ship' and a pirate, to oppose the best captain in the world ; but, such was the power of wisdom and integrity in those that sat at the helm, and their diligence in choosing men only for their merit was attend- ed with such success, that in two years our fleets grew to be as famous as our land-armies, and the reputation and power of our nation rose to a greater height than when we possess- ed the better half of France, and had the kings of France and Scotland for our prisoners." And these tributes may be closed with the words of one who had been a bitter and a scornful enemy. " Thus, by their own mer- cenary servants," exclaims Roger Coke, " and not a sword drawn in their defence, fell the haughty and victorious Rump, whose mighty actions will scarcely find belief in future gener- ations ; and, to say the truth, they were a race of men most indefatigable and industrious in business, always seeking for men fit for it, and never preferring any for favour nor by impor- tunity. You scarce ever heard of any revolt- ing from them ; no murmur or complaint of seamen or soldiers ; nor do I find that they ever pressed any in all their wars. And as they excelled in the management of civil af- fairs, so it must be owned they exercised in matteis ecclesiastic no such severities as either the Covenanters, or others before them, did upon such as dissented from them ; nor were they less forward in reforming the abuses of the common law." It is right, before following Vane to his re- tirement, to place the reader in possession of the exact question between Cromwell and that great statesman, which we have seen thus in- solently silenced by the application of brute force. This can only be done by stating the provisions of the bill on which Vane was con- tent to rest his case with the people and pos- terity. S16 BRITISH STATESMEN. But this bill was never afterward found ! Cromwell himself seized it from the hands of the clerk, and no copy of it remains upon rec- ord. By a careful examination of the journals, however, I have gathered sufficient information on the subject to leave no doubt of the general provisions of the bill,* or of the nature of many of its more important details. I have already mentioned that Vane was the author of the reports from the select commit- tee presented at various intervals to the House. Tracing these through the innumerable allu- sions, and votes, and divisions recorded con- cerning them in the journals, a tolerably com- plete abstract of it may be made. The number of representatives he fixed at 400. He recom- mended the abolition of the right of voting in the smallest boroughs, and proposed to throw the members into the larger counties ; to give seven members to London and the liberties thereof; and to give members to all the larger cities and towns in England theretofore unrep- resented. He presented to them the following list of the numbers of members to which he thought the counties of England and Wales, including the cities and boroughs within them, fairly entitled ; and he left the particular dis- tribution of members to each county, city, or borough, to the " pleasure of the House."t Bedfordshire, and all the pla- ces within the sa'me . 6 Buckinghamshire, &c. . 9 Berkshire, &c 6 Cornwall, ., 185. I) A curious incident which occurred on the 29th of Sep- tember may illustrate the remark of the text. It is thus re- Si Still Vane remained to torture and be tortu- red. His influence perceptible everywhere. Cromwell, afraid to assault his liberty again, resolved, if he could, to strip him of his prop- erty, harass him by constant vexation, and thus compel him at last to submit to his government. With this view, measures were adopted to in- volve his estates in the meshes of the law. The attorney-general was employed to discover or invent flaws in the titles by which they were held. Bills were filed in the Exchequer, and legal proceedings of various kinds were institu- ted. At the same time, he was given to un- derstand, that if he would support the govern- ment, all these measures should be stopped. In this way the whole power of Cromwell was brought to bear upon him ; every art was used ; and it was systematically and deliberately at- tempted, by a kind of slow torture, to wring from him his great fortune, and, by reducing him to poverty, to humble and break his spirit but to no purpose. Among the faithless he was still found faithful : when all others proved false, he stood by his principles and redeemed his pledges. When hope had been driven from the heart of every other Republican, he did not despair or despond for a moment ; when the name of liberty had become a proverb, a by- word, a reproach throughout the world, and its cause seemed utterly and forever lost, his alle- giance never faltered, and his spirit was filled with a "serene and undoubting confidence in its final triumph, which neither prisons, nor chains, nor the scaffold could shake or impair." In the interval which now intervened before the death of Cromwell, he appears to have writ- ten various matters. On the appearance of Harrington's " Oceana" he addressed a letter to him, which was published, entitled, "A need- ful Corrective or Balance in popular Govern- ment." He also published a theological work, entitled, " Of the Love of God, and Union with od ;" and other learned treatises, chiefly on joints of religion, were issued by him at this ;ime. Oliver Cromwell died on the anniversary of lis great days of Worcester and Dunbar, the 3d of September, 1658, and writs for a Parlia- ment were at once issued by the council of his son and successor, Richard Cromwell, returna- )le on the 27th of the following January. The- )eople kept quiet and waited the issue. Upon, his Parliament, it was understood, it would, est to effect a settlement of the form of gov- irnment,. and so far to determine the fortunes if the nation. It was the natural consequence if this impression that the election of its mem- ated in Thurloe : " His highness, accompanied only by the ecretary, and a few of his gentlemen and servants, went to ake the air in Hyde Park, where he caused a few dishes f meat to be brought, and trade his dinner ; after dinner le thought took him to drive his own coach, to which there were harnessed six fine horses, that had been sent him as a resent by the Count of Oldenburgh. He accordingly put 'hurloe into the coach, and himself mounted the box. For ome time he drove very well ; but by-and-by, using the 'hip a little too violently, the horses set off at full speed, 'he postillion, endeavouring to hold them in, was thrown ; nd, soon after, Cromwell himself was precipitated from the ox, and fell upon the pole, and from thence to'the ground, [is foot got entangled with the harness, and he was so ear- ned along a good way, during which a pistol went off in his ocket [a proof that he was never without firearms]. At ength his foot got clear, and he escaped, the couch passing long without injuring him." He was confined with the onsequeuces of the accident for two or three weeks. 322 BRITISH STATESMEN. bers became the occasion of the highest possi- ble interest throughout the country. By the result of those elections, the struggle between the two great parties would be brought to a de- cision and a close. It is a proof of the fear which shook the residents of Whitehall, that the old and corrupt system of election was re- stored by them on this occasion. Farther, and in no less memorable proof of their fear, they held it an object of paramount importance to prevent the election of Sir Hen- ry Vane to the ensuing Parliament, and resort- ed to the most extraordinary and extreme meas- ures to keep him out. He offered himself at Kingston-upon-Hull, of which place he claimed, as of right, to be considered the lawful repre- sentative, having sat as such in the Long Par- liament. His right was confirmed by the elec- tors ; he was rechosen by a full majority of their votes ; but the managers of the election, being creatures of Richard Cromwell's party, in defiance of justice and public sentiment, gave the certificate of election to another. Vane was determined not to be defeated by such means ; he therefore proceeded to Bristol, entered a canvass, and received a majority of the votes. Here, also, the same bold and impudent out- rage was committed by the officers ; and others whose names stood below his on the poll-books were declared to be elected. He still perseve- red, and was finally returned from Whitechurch in Hampshire. On the 27th of January Vane once more took his seat in the House of Commons. The ter- ror his presence inspired among what was call- ed the "court" party was only a little counter- balanced by the " packed House" they had man- aged to get together. They had named the Scotch and Irish representatives, and com- manded the votes of actual and expectant place- men, for the most part lawyers, to the amount of 170. There were, besides, about 100 Mod- erates, Waiters upon Providence, and masked Royalists. The number of Republicans to set against all this were only 40, but they were headed by Vane, and ranked among them the names of Ludlow, Scot, and Bradshaw. There- fore the " court" trembled still. They soon found that they had good reason for trembling. It was well understood among the Republicans that the first proceeding would be to confirm the government of Richard, and to sanction the House of Peers which his fa- ther had created. Vane had organized a small but resolute opposition to these measures with masterly power and skill. Their consultations before entering the House were always held at his residence at Charing Cross ; he managed their debates in the House itself with the con- summate genius of a popular leader, and was supported with infinite resolution and energy by Scot and Ludlow. The court party had, in- deed, good reason to tremble. His first great display against Richard Crom- well was on the debate upon the question of a recognition of his " undoubted" right, founded on the " Petition and Advice" of the late Pro- tector. On the 9th of February, 1659, having reserved himself to a late day, after the usages of the more eminent and influential Parliament- ary speakers in all times, " Sir Harry Vane" rose, and spoke thus. The speech includes so many matters of importance, is so masterly an evidence of Vane's power, and embraces such an interesting sketch of his political expe- riences, that the reader will wish it longer even than it is. " I know very well the great disadvantage that any person suffers, that in this great and grave assembly shall, at this time of day, offer you anything. You have spent three days in the debate, and it is not unsuitable to your wis- dom to be yet on the threshold. The more time you have taken, the more successful, probably, it may be. " That which called me up at this time was what the last gentleman said, that is, to do things with unity. At least we shall be at greater unity, if not greater amity, by having patience to hear one another, and admitting the variety of reasons and judgments which are offered by all men. Though a large field has been led into, the thing is very short. Con- sider what it is we are upon a protector in the office of chief magistrate. But the office, of right, is in yourselves. It is in your hands, that you may have the honour of giving or not giving, as best likes you. You may confer it, if you please, for any law to the contrary brought now into your House. I shall advise you to this, as was moved : give not by wholesale, so as to beg again by retail. To give will at any time get you many friends. It therefore concerns you in this business to have your eyes in your heads, to look well about you, that it slip not from you without considering what is your right, and the right of the people. "The wise providence of God has brought things, in these our days, to the state of gov- ernment as we now find it. I observe a varie- ty of opinions as to what our state of govern- ment is. Some conceive that it is in king, Lords, and Commons ; that the principles of old foundations yet remain entire, so that all our evils, indeed, are imputed to our departure from thence. " It hath pleased God, by well-known step?, to put a period, and to bring that government to a dissolution. All the three Parliaments it> the late king's time found the state of things in slavery. I have had some experience since the two Parliaments in 1640, and remember, when the Parliament considered the state of the nations, that they found them in a grand thraldom of oppression and tyranny, endeav- ouring to carry us up even into popery. God made us see the state and condition we were then in. The consideration of these things would have made us make long sweeps to re- dress it ; but Providence led us on step by step. Therefore, having the legislative power, God saw it good that we should change the govern- ment ; but we found great difficulties in the work, as most men were willing rather to sit down by slavery than to buy themselves out of it at so great a price. " The first thing expected was, that justice should be done upon delinquents, who had so much the ear of that prince, that they told him he had power enough to protect himself and them too. He had the power of the militia. These grievances brought us to consider where the right of the militia lay ; and when we saw it was in ourselves, we thought to make use SIR HENRY VANE. 323 of it with moderation, choosing rather to use it to reduce the king by fair means than other- wise. " So well satisfied was this House then with the principles of that government, that there was then a declaration drawn in favour of it. I was one of that committee. / hear reflections AS if I changed from that. I think it now my duty to change with better reason. They did think fit to publish that which was to preserve that an- cient fabric of government, according to such qualifications as might be for the public service. I am well satisfied it was the clear intent of their hearts. But this encouraged the king, and brought it to that issue at last that he hard- ened his heart, till it was resolved to make no more addresses, but to bring him to judgment. But, in the mean time, applications were made to him, still imploring him to be reconciled ; and nothing was wanting in the House, that, if possible, he might have saved the govern- ment, and himself with it ; but God would not have it so. God knows best what that work is which he is to bring forth. When all appli- cations could not prevail, they thought fit to bring the king to judgment ; thereby the state of affairs was much altered. " This House then thought fit to apply them- selves to the Lords against the Scots' invasion, and in the great case of justice upon the king. The Lords refused both. In this juncture, they were reduced to the necessity of doing that which is now the foundation of that building upon which you must stand if you expect to be prosper- ous. When they came to look upon the delin- quency of the king, and considered him as an object of justice, it was declared by them that the taking away of kingship was the only happy way of returning to their own freedom. Their meaning thereby was, that the original of all just power was in the people, and was reserved wholly to them, the representatives. " When the Parliament, in questions as to what was just and right, had gathered up all into themselves, it was disputed in what way the king should be tried. They counted them- selves then prepared to grant out a commission to try the king. I confess I was then exceedingly to seek, in the clearness of my judgment, as to the trial of the king. I was for six weeks absent from my seat here, out of my tenderness of blood ; yet, all power being thus in the people originally, I myself was afterward in the business. " The king upon his trial denies this power to be in the Parliament : they try it, and they seal it with the blood of the king. This action of theirs was commanded by this House to be recorded in all the courts of Westminster Hall, and.in the Tower. If you be not now satisfied with this business, you will put a strange con- struction upon that action, and upon all that has been done by the general and soldiers. If you, here, will now doubt this right to be in you, you draw the guilt upon the body of the whole na- tion. You join issue with him upon that point. It will be questioned whether that was an act of justice or murder. " Brought step by step unto your natural right by an unavoidable necessity, that little remnant of the Parliament were now the rep- resentative of the nation, springing up from another root. This had a more clear founda- tion, being thus the supreme judicature, to comprehend all government in itself. Whether the death of the king caused not a dissolution of that Parliament, as to that doing it then had, and as it was taken to be, I know not : I leave that to the long robe. " It was then necessary, as the first act, to have resort to the foundation of all just power, and to create and establish a free state, to bring the people out of bondage from all pretence of superiority over them. It seemed plain to me that all offices had their rise from the people, and that all should be accountable to them. If this be monstrous, then it is monstrous to be safe and ra- tional, and to bear your own good. "It is objected that this nation could not bear that government ; but Holland bears it against the power of Orange. They keep the office of stallholder vacant to this day : so do other places. This is a principle that we may bear it, if we can bear our own liberties, or, that if we have not the importance of the people of Israel : unless, with the Israelites, we will re- turn to Egypt, weary of our journey to Canaan. " This being the case, we were declared a free state. We were after tossed upon all those billows that sunk us in the sands. Though we miscarried then, though this free state was ship- wrecked, yet you have got a liberty left to say it is now again in your possession, else I am mistaken. If it be so, I hope you will not part with it but upon grounds of wisdom and fidelity. If you were but arbitrating in the cause of a pri- vate friend, you would make the best bargain for him that you could: you would so do as not to give aicay the right of him by whom you were in- trusted but upon good grounds. That which you give, give it freely on grounds of justice : un- derstand well your terms. " This brings me to the consideration of an- other thing, which is, that the first government being dissolved, another is brought into the room. Though not perfect, yet it is said the foundations are laid, upon which we may build a superstructure of which we need not be ashamed. Now, SHALL WE BE UNDER-BUILDERS TO SUPREME STUART'! We have no need, no obligation upon us to return to that old govern- ment. I have a vote. " For the covenant with the Scots, their in- vasion did render that covenant invalid. They would have repossessed a king and imposed him upon this nation by virtue of that covenant which they had broken. The Parliament show- ed that their shackles were broken ; it did not oblige any farther. That it was famous and had power ! That was the Israelites' argu- ment for worshipping the sun and moon. If we return to an obligation by virtue of the cov- enant, by the same reason we may return to worship the sun and moon. I hope those shall not sway here. ' Lastly, at the dissolution of the Long Par- liament, you lost your . possession, not your right. The chief magistrate's place was assu- med without a law. There was assumed with it, not only the power of the crown on the terms of former kings, which hath its founda- tion and regulation by the laws, but the pos- session was assumed You were then under various forms of administration : some that had not the characters of trust upon them ; BRITISH STATESMEN. some too limited. Still, you were kept out of possession. Parliaments have been called, and as often broken. " This ' Petition and Advice,' which is now so much insisted upon, was never intended to be the settled government, but only to be a pair of stairs to ascend the throne ; a step to king, Lords, and Commons. It pleases God to let you see you have not been ill counselled to wait upon him a first day, and a second, and a third day, to see what he will hold out for your peace and safety for asserting the liberties of the people. This bill huddles up in wholesale what you have fought for, and is hasted on lest you should see it. " We have now a ' Petition and Advice' that comes in place of the ancient government, the ' instrument,' and all other forms. Yet, if this were the case, you are, notwithstanding the Petition and Advice, in the clear, rightful pos- session of this government, which cannot be disposed of but by your consent. The old Pro- tector thought it fit to have it given him from you, and had it, by your pleasure, invested upon him ; but, although it was acknowledged that he had power to get it, yet he thought fit to make it your free gift. It will not be denied now. A presenting this office by that Parlia- ment, and the open investiture of him in your chair, prove it. Yet, as to this gift of yours, I dare be bold to say, the thing given was hardly understood. By giving of this office, they gave, in the 16th article, the power of their own dis- solution ! " It being acknowledged to have been your gift, let us consider what was given, and how given. " The gift was the executive power, the ru- ling power : that is, the office of chief magis- trate. All the Legislature was then in the peo- ple. The Commonwealth would not put the executive power out of their hands. For this reason, they set up those shadows, the keepers of the liberties of England, as an executive power, to distinguish it from the Legislature. This, then, was the thing given, and this the Petition and Advice hath made a difficulty of returning ! The power of the purse, indeed, is left us, because they know not how to take it from us. There is no dispute but you have a right to open the people's purse, because kings knew they could not well take it ; but the chief magistrate ! they would not allow you that to give ! " Now this power and the office were given, it seems, by the regulation of the Petition and Advice ; the whole executive power of the late king was all given, at one clap, to the late Pro- tector for life. This being given to him, was not given absolutely to any other for life. No- thing was given him more, only the nomination and declaration of a successor, which must be according to law. So says the Petition and Advice. This nomination must first appear be- fore we can say this gentleman is the undoubt- ed Protector. Had I thought this had been said before, I should have spared both you and myself. " That which is now brought in, the bill of recognition, takes it for granted that there is no one in possession of the Protectorship ; for it requires that you acknowledge his right and title, not that we should acknowledge his per- son, and then inquire what is this right and title. It is hard we should be put upon that. Let us know what this right and title is that we must recognise. But it seems the Parliament that made the petition and advice, they gave it, and we must acknowledge it ! " If he hath any right, it must be by one of these three ways : 1 . Either by the grace of God and by God's providence, that if he hath a sword, he may take whatever is within the reach of it, and thus maintain his right. 2. Or as the son of the conqueror. He was, indeed, a conqueror on your behalf, but never of your- selves fit for you to recognise. 3. Or, lastly, by the Petition and Advice. But that cannot be urged until it doth appear that he hath it ac- cording to that. Yet that is only a nomination, which hath nothing of constitution until you have made it. He must come to you for that. I appeal, then, if this has not deserved three days' debate. Deserves it not more to set nails upon it 1 May it not deserve a grand commit- tee, to convince one another in love and unity T " Therefore I shall move that this bill may, upon the whole matter, be committed to a grand committee, where reason may prevail. " It is not a sudden recognition, a sudden obtaining of the first steps, that will direct us fairly into the room. It must be on an un- shaken foundation that you can ever hope to maintain it against the old line. If you be mind- ed to resort to the old government, you are not many steps from the old family. 'THEY WILL BE TOO HARD FOR YOU IF THAT GOVERNMENT BE RE- STORED. " Instead of the son of a conqueror by nature, make him a son by adoption. Take him into your own family, and make him such a one as the great One shall direct you. When the army see that they are yours, they will be PROTECTED by you. " I would have all names of sectaries laid aside, and righteousness go forward. Let fees and extortions be looked into, which make the laws themselves your oppressors. -I have dis- charged my conscience, and look on it as a special testimony of God's providence that I am here to speak this before you." Vane's retirement had not impaired his pow- ers ! It is impossible to imagine, from this out- line, a speech more able in itself, or better adapted to the purpose and position of the speaker ; yet history still excludes such speech- es from her consideration in treating of the questions they refer to.* The Republicans were beaten, however, upon the extreme question, and, it being resolved to have the government vested in a " single per- son," Vane was driven to make the hardest fight he could for an extreme limitation of his power. On the 18th of February he addressed the House on this point. " I would have the nature of the thing open- ed at little, that is to be the occasion of the farther debate. I shall offer you my thoughts preparatively. You are now bounding the chief magistrate. * This, and the other masterly efforts of Vane I shall shortly quote, were published about ten years ago in " Bur- ton's Diary," by Mr. Towill Rutt. They have cot been no- ticed since. SIR HENRY VANE. 325 <( The office of chief magistrate hath some- thing in it essential, and which must be invio- lably kept for him for the necessary preserva- tion of the good of the whole, and the adminis- tration of justice. " But it hath also something superfluous, and very chargeable. Such as are : 1. A thing call- ed kingly power, which implies the whole affair of monarchy and prerogative, which are great occasions of vain expenses and waste all the na- tion over. Lay aside this state of kingly power, and keep your chief magistrate. 2. The power of the chief magistrate as to the negative voice. The denying it by you to the chief magistrate as by the law of the nation now set up is fit and requisite. When all these things are in our power, must we dispute it over again between the people and the chief magistrate 1 " The chief magistrate pretends to a power, not only of executing laws, but to enact laws ; whereas it is the right of all to bind themselves, and to make those laws by which they are to be ruled. If corporations, or any society of men, have a right to make by-laws, surely much more hath this House, which is the representa- tive of the body of the nation. If the interest of the whole nation should lie at one man's- door, it were worse than in the meanest cor- poration, especially to serve a single person, or the interest of a few courtiers or flatterers. "Thus it should be, that he should not deny what you find to be for your good. This our laws have declared that the single person ought to grant : leges quas vulgus elegerit. It was urged by Lord Fiennes, who drew the dec- laration, that it was undeniable that the king should not deny laws. " This, therefore, is of so great concernment, agreeable to the law of nature and the consti- tution of the nation. It was before though, if it were not, it is now in your power. Great weight was laid upon it in all propositions of peace, and so much weight depends upon it as in the proportion of restraining or binding of power it ought to be a principal ingredient. The chief magistrate may do well without it. " On the other side, I would have him possess all things needful to his acting for the people ; all the power to draw in the public spirits of the nation to a public interest ; but not power to do them or you any hurt. This is to make him more like God him- self, who can do none. Flatterers will tell him otherwise ; but they that urish his safety and honour will agree that he shall have power to do everything that is good, and nothing that is hurtful. It is therefore necessary so to bind him as he may grow up with the public interest. " It was offered that the militia and negative voice be included in the vote of your chief magistrate. Then it was answered that the previous vote provided that nothing should be binding. It was then allowed the reason. Why is that reason denied now 1 That Parliament that made the other House surely had the legis- lative. They must either own that the legisla- tive power was in that House, else nothing passed to them. If it stand not on that Con- stitution, then it must stand on the old Con- stitution. " I shall clear it that we are going to settle that which is fallacious. It will strip you at one time and at one breath. You make void all your former expressions, which to me is as clear as day. If they can do none of those things till they have set up a co-ordinate power, then you can pass nothing here, but must have their concurrence. Pass this, and you will have that brought in upon you from the other House, that will confirm the single person in all things that concern him, and so your own lib- erties are left at loose. If you have a mind to do aught for the people, do it clearly. Pronounce your judgment, that the chief magistrate shall have no negative upon the people assembled in Parlia- ment. Do this, else I shall take it for granted that you will have no fruit of your debate, and that you intend nothing for the people." The people still the people ! for them he had struggled his whole life through, and still his hopes and objects were fixed alone on them. The next effort Vane made against Richard was aimed at him through his administration. On February 21, Secretary Thurloe moved the order of the day for going into details connect- ed with the war, and asked the immediate sanction of the House to the preparation of such shipping and forces as might be necessary to promote the success of a mediation in the affairs of the kings of Sweden and Denmark in relation to the Baltic Sea, and to the command of the Sound, wherein Sweden was to be as- sisted by England, and Denmark by the Dutch. Upon this proposition, very peremptorily urged, Vane rose and said, 1( I am yet perplexed in my thoughts ; there- fore I shall only mind you of the old order in Par- liament. Upon such reports as this, or letters, or messages from the king, we never looked upon them the same day, but had a jealousy and suspi- cion of some court design in them, to engage us in such rash designs before we knew where we were. " I do not say there is any such thing now, but it looks like some such thing. I told you, at first, that I feared matter of money was our chief concern. I fear still the same thing is now intended, in that we must not have leave to sleep so much as one night upon it. We must give a million of money by a side wind ! Sure we must find out this money, and yet we must not sleep upon it ! I dare not think of the sad consequence of this, unless your wis- doms will disintricate you in it. " It hath been the great wisdom of princes, that heretofore have had to do with the House of Commons, who see not at first the sad con- ;equences of things, to make a war, and then presently to make a peace, and then put up the money that was given them towards the pretended war. I do not say such things are now, but I desire we may sleep upon this at least forty- eight hours. ' I perceive many things are taken for grant- ed, of which I am not yet fully satisfied : 1. That the King of Denmark must be dispos- sessed. 2. That we must fit ourselves to take jossession of some part of it, like birds of prey. 3. That Holland is your enemy already. " If it be our interest that Sweden should be mperor of the Baltic Seas, I should be very glad to understand how. ' France may, perhaps, be willing to engage us in this quarrel ; and when we are engaged, he will be as fit to bridge over somebody else as any other. I move for Thursday or Friday." 326 BRITISH STATESMEN. The government were here assailed in a weak point, and were at last obliged to give way. Three days after Vane again spoke to the same question, in answer to Thurloe. He insisted on a series of gross errors that had been committed, in promoting peace with Hol- land instead of war, in stirring up war with Spain instead of settling peace, and in flinging English influence at the feet of the most de- spotic minister of Europe, the Cardinal Mazarin. " We are not yet at the bottom. Many con- siderable things have been offered in the last matter of fact by Mr. Secretary. " What is declared is to me very satisfactory. He assures us there is no engagement, nothing of any private treaty between us and the Swede, that he knows of. But may there not be an underhand, secret treaty, that he knows not of? I have heard something to that purpose, and upon very good intelligence, that there is an engagement. " If the good providence of God had not in- terrupted it, I believe the question had not now been to have been decided by you. The fleet should have gone long since, but it was pre- vented ; and if it had gone, this debate had been determined before this time. But I shall not go upon that ground, but only upon the grounds that are offered, and suit my discourse to that. " The coalition with that state, the Dutch, if it had been well pursued, you had shut out all correspondency with the Spanish interest. " I am not able to see through it, nor to un- derstand how the whole style of managing the peace with Holland, and war with Spain, hath been agreeable at all to the interest of the state, but rather very much to the interest of a single person. " The interest then used, and the endeavour- ing to bring the two nations to a coalition, which had made a great progress, would have drawn off the States wholly from the Spanish interest, which now mingles much in their counsels ; and if that had been then followed home, it would have made that state at that time wholly yours. If, when you sent ten thousand men to Jamaica, where you have left your dead men to your reproach, you had sent the same fleet to the Sound and fallen upon the Dutch, that would have done your business. You might have been a great way in Germany, and have made an emperor there yourself. " That which increases my jealousy is, that I see this affair all along managed but to sup- port the interest of a single person, and not for the public good, the people's interest. " Our counsels have been mingled with France, and taken from the cardinal, who goeth upon the most tyrannical principles of govern- ment in the world. The French put us upon this remote design ; and out of that bow, I doubt, comes this shaft, to be sent into the Sound. Looks not this like a principle of Car- dinal Mazarin, for your single person to get a fleet into his hands 1 " I know no reason you have to send a fleet indefinitely, implicitly upon this design. The Swede is absolute possessor of both sides of the Sound, and he will make sure of the pas- sage too, if you do but assist him ; and when he hath it, he must either give it you by new treaty, or you must take it out of his hands by force. " When one half was in the Dane's handa, and the other in the Swede's, it was then best for us, for we might be as necessary to the Dane as any other. And now France, when they see an opportunity, can easily resent for- mer injuries. This business is not fit to be so openly debated ; it requires more secrecy. " A twofold necessity has been thought of, and is put upon you : 1. It is not to be delayed till to-morrow. That will be too late. This is the very nick of time, and they put it upon you with so great necessity, that all other argu- ments must receive no favour. 2. You must transmit wholly to the disposal of your single person to do what he pleases. There is nothing lost in the preparations of the fleet. Your offi- cers, I believe, are all commissioned upon that presumption, that the militia is already in him. Naught will satisfy unless the militia be grant- ed in the single person within twenty-four hours. "In answer to the objection: 1. The vote will not seclude us, unless the disposal be in the single person, and by that you give away implicitly the power of the militia before you have asserted your OWD right or taken it upon yourselves. Oh ! but you make the single per- son no other than a committee-man ! " Yet, though loath to own it, lest you come to a commonwealth again, so dangerous, not so much as advice will be admitted ! "2. And as you do not assert your right in the militia, so you do not assert your interest, or take that part of it that belongs to you in the very business before you. You must have the persons' names brought in to you to be ap- proved. It is told you, you are not able here to make or manage peace or war ! your com- mander-in-chief must do it. I hope you will express your interest as well as a declaration. Assert the practice as well as the right of the militia. Be assured of the faithfulness of the Commonwealth ; first, of those persons that you send. I hope you will have an able com- mander, and one that hath given good testimo- ny of his good affection towards you. " 3. You must at one day give up all the in- terest in the militia upon the necessity that is urged upon you ; the necessity that it must be done in this manner, and no other way. " You have better methods ! 1. Assert your militia to be in you. 2. Refer it to your com- missioners to see that no delay be in it. 3. Have your officers before you, and approve of them. 4. Appoint a committee of your own to advise about disposing of this to the most pub- lic advantage." This speech produced a very great effect. Its last recommendations in especial were most subtilely and effectively aimed. They revived the old disputes between the Long Parliament and Charles, which had so many significant as- sociations connected with them, and brought back in its full force the startling question he had put to them in his previous speech of the 9th of February, " SHALL WE BE UNDER-BUILDERS TO SUPREME STUART 1" Shall we lay the found- ation of a system that must bring a " Charles the Second" back to us sooner or later! Some days after this, on the 1st of March, 1658, we accordingly find the old dispute upon SIR HENRY VANE. 327 the source of Richard's power, the famou " Petition and Advice" to bind the present Par liament, and the propriety of admitting of the title of the " other House" (as the miserable assembly of Lords was contemptuously called; again in discussion. Vane's speech ran thus . " The more I consider this, the more difficul ty I meet with. I have my eye upon the Peti tion and Advice ; and if you consider how things are left, upon the death of the late Protector by that Petition and Advice, I am sure, unles you shut your eyes, you may see that you are tht undoubted legislative power of the nation, even ii that Constitution by which you are called, and the Protector himself proclaimed. " 1. You know, when the Recognition was pressed, how much it was urged that the Pro lector should be made out to be so, according to the Petition and Advice, namely, by due nom ination, which hath never been done unto this day. The declaration of his highness appears not! " Admit that he was duly nominated himself ; yet there is no power in that Petition and Ad- vice for this Protector to nominate another House : and that power in him is defective, be- cause it was singly given to the late Protector. "I would have you first examine whether those now sitting have any foundation, as now called, by that law ; there will be no cause of complaint against you by keeping to that rule. " / understand not that objection that we are sinew-shrunk and manacled, and cannot proceed ; that we can effect nothing unless we transact with these men. You have as much power to make a House of Lords with the concurrence of the Protector as the last Parliament had. " I thought you would have gone to clear the rights and liberties of the people, and to have passed that between you and his highness, without owning the other House. " Sir, we have as much power as those that made the Petition and Advice. It is but the using of the just power. We are wandering and cannot find the door, so great and wilful blind- ness is upon us. It has pleased God to con- found us in our debates, that we cannot, in a third, come to a question, because we wander from our Constitution. " Cannot we despatch the business of this Parliament, and leave the other House alone till next Parliament 1 Why may it not be left till then! Keep but true to the things you have already. I know not how we are limited. Discourse abroad says your vote is with them. How it comes, I know not ! " It will be told you next that a House of Commons is unnecessary, and out of your ruins the Seventy shall be built up ! Consider clear- ly whether this House now sitting have any foundation, by this calling, to sit upon the Pe- tition and Advice. If they have not, I think you are as fit to advise about calling them as the council that called them." Six days later, these questions assumed a more serious shape, and a very long and ardu- ous debate was taken on the question of recog- nising this House of Lords, which Secretary Thurloe, with amazing assurance, urged was as much entitled to existence under the " Peti- tion and Advice" as the House of Commons or the protectorate. This called up Vane, who gave way to greater passion, and even fierce- ness of manner, than he had ever shown before. The terrible intensity of every word in this speech is truly astonishing. " I am very sorry to trouble you so late. Could I satisfy myself with these grounds that have been offered, I should not trouble you. " If you pass in the negative, all the power is here. If the contrary, I dare say then all the pow- er is gone hence. " I conceive, in passing this in the negative, you do bring all power into this House, but not into that way of a commonwealth. " When the power of king or House of Lords is melted dmen into this House, it is in the people by the law of nature and reason. Death, and tract of time, may melt it and bring it down, but this shall never die. Where is then the anarchy, the sneaking oligarchy 1 " The representative body never dies, who- ever die. Provision is made for it. By the law of the land, they could have come together if there had been no protector de facto. You are ever thus. " You have voted a protector de facto, and put it in a way of a bill, to put it de jure, and I hear no arguments now against it ! The question is not now whether the Peti- tion and Advice shall be a law, but whether it shall be so far as it is argued to be a law ; or whether it be not a lame law, to bring in king, Lords, and Commons, insensibly. " It was told you by Mr. Attorney, of the duchy, that this was a restitution. But it is not told you how the power came into the hands of your old servants, that turned you out of doors. As to the Petition and Advice, they decla- red here that it was made elsewhere ; and they ave you no more than they thought Jit a mere show ! " A new family ; one peer in the room of anoth- r ; and here's face about again ! " Consider the fate of that king. I wonder to icar arguments of force used. " If you pass this, you pass all. The question s as catching as that of the French king. When I consider how comprehensive this question is, I wonder how it should be thought ,o pass in the affirmative. 1. You admit this ' House' to be a rightful louse, upon the same rightful foot with your- self. You admit them to be fit and meet per- sons, and that this is for the good of the people. 2. You set up a means to perpetuate an arbitrary ower over you, to lay yourselves aside, and makt ou forever useless I may say odious forever ! "You settle 130,000 per annum, such as lever was done. You have granted the excise nd customs forever, and farmed them in such a way as to make the people cry out their gov- rnors are very unnatural. The people would lever part with customs. You can relieve no rievances. " Formerly you might have gone alone. Pos- ession you see how far it goes. " The sore is, they are afraid that you should o alone to his highness and complain of his neaking counsellors ! " God is almighty ! " Will not you trust him with the consequen- es 1 He that has unsettled a monarchy of so many 328 BRITISH STATESMEN. descents in peaceable times, and brought you to tf top of your liberties, though he drive you back f( a while into the wilderness, he will bring you baa He is a wiser workman than to reject his ow work. " Go you on to advise with his highness Advise him, in his tender years, of the mal-admin istration ! I know no hinderance but you ma transact with his highness alone, and agree o another House' in the best way for the goo of the nation." The effect of this speech was so great, tha upon an actual division of the English member it is thought the Republicans must have won the day. The Scotch and Irish nominees of th crown once more turned the balance agains them. Against these nominees Vane now directec his assaults. On the 9th of March he startled the House by telling them that in present cir- cumstances they were no House, and thai " they had been out of order ever since they sat." Upon a point of order he rose and said, " I could not attend you yesterday in your great debate. If I understand anything of or- der, you have been out of order ever since you sat. Till this was cleared, you ought to have done naught but choose your speaker. " It arises thus to me. As your question was last Parliament whether you would keep out so many members as that those that were in might make the Petition and Advice, now the ques- tion is whether you shall take in so many as are not members that may confirm it. You pro- pose to transact with those persons here that have no foundation, that you may transact with persons that have no law to be another House. By this means you have subverted your own foundation. Your wisdom will be concerned in it to part with a prize in your hands that you know not how to manage. Again, it must be considered that they should withdraw while this debate is afoot. Otherwise they will hang upon you perpetually as a negative. As you lay your foundation, so will the weight of it be. You will look for peace, and have none. " The vote for the single person passed with the greatest unanimity that ever was. When a man is asleep, he finds no hunger till he wake. / doubt the people of England will be hungry when they awake ! " A greater imposition never was by a single person upon a Parliament, to put 60 votes upon you. By this means, it shall be brought upon you insensibly to vote by Scotch and Irish mem- bers, to enforce all your votes hereafter." It is a remarkable proof of the surpassing in- fluence of Vane and the party he chiefly repre- sented in this House, that notwithstanding even these nominees, and all the scandalous re- sources which had been employed to influence the elections, the Republicans actually managed in the end to achieve a majority upon the omis- sion of the word " undoubted" from the recog- nition of the Protector's title. The last speech I shall notice in Burton's Diary of this Parliament attests Vane's impar- tial justice and humanity. A petition had been presented to the House on the part of seventy persons, Royalist prisoners, who had some _years before been sent to Barbadoes. It ap- pears that when they arrived, after much ill- treatment, at the place of their destination, they were sold in the public market. It was alleged, however, in answer to the petition, by some of the Protector's party, that their slavery was limited to five years, and that a distinction was made in favour of their condition above that of the negroes who worked in the cultivation and preparation of sugar. These face-making friends of liberty protested, besides, that these men had basely resisted the cause of the right faith, and deserved extreme punishment. Most admirably did Vane answer them. A better re- tort was never made, nor was ever the distinc- tion between hostilities, public and private, or between sincere enemies and false friends, more exquisitely given. The allusion from Lucretius, at the close, is in perfect keeping with the whole. I do not look on this business as a cavalier- ish business, but as a matter that concerns the liberty of the freeborn people of England. " To be used in this barbarous manner, put under hatches, to see no light till they came thither, and sold there for 100 such was the ase of this Thomas ! " I am glad to hear the old cause so well resent' ed ; that we have a sense and loathing of the tyran- ny of the late king, and of all that tread in his steps, to impose on liberty and property! As I hould be glad to see any discouragement upon .he Cavaliers, so I should be glad to see any dis- couragement and indignation of yours against such icrsons as tread in Charles Stuart's steps, who- ever they be. The end of the major-generals was good as to keeping down that party, but he precedent was dangerous. " Let us not be led away. Whenever the ables turn, the same will be imposed upon your >est men that is now designed to the worst. There is a fallacy and subtlety on both hands. would have you be as vigilant against that arty as you can ; but if you find the liberty and iroperty of the people of England thus violated, ake occasion from these ill precedents to make good laws. " That which makes me hate the Cavaliers is heir cause, and when I sec others hate their cause, ' shall believe them that they hate their persons. detest and abhor them as much as any. Let s not have new Cavaliers and old. Let us ate it in those that tread in their steps as well as n themselves. Be not cozened by popularity on tie one hand, in complaints of this nature, noron tie other hand swallow up your liberties and roperties. Do not that which is bonum only, ut bone." An extraordinary party, meanwhile, had been ormed without the doors of the House. It as supposed, by a large class of the more lib- ral section of Cromwell's officers, that Vane's bjects might at last prevail, such was the ir- esistible power and energy with which, unsub- ued and unrelaxing, he still urged them for- ward. They now suddenly resolved upon the olicy of hastening their achievement by forcing dissolution of the present corrupt House ; and petition had accordingly been prepared by lese men, and was forwarded through the ands of Fleetwood, the young Protector's rother-in-law, and Desborough, his uncle, to ichard, requesting him to dissolve the Parlia- ment. Richard, in alarm, accordingly despatch- SIR HENRY VANE. 329 ed the keeper of the seal, as he was bidden, to dissolve the Houses ; but, having received infor- mation of the design, the House of Commons determined not to be dissolved, ordered their doors to be closed, and the gentleman usher of the black rod to be refused the permission of entry. Some of the members abruptly quitted the House. It was voted that the fugitives should be called back, and that no member should henceforth quit his place without leave. The Protector's summons to attend him in the House of Lords was not obeyed ; and while the usher unsuccessfully pressed for admittance, it is said* that Vane, resolved to use even this last opportunity of bringing Richard into contempt, rose, and addressed the speaker in these words : " Mr. Speaker, Among all the people of the universe, I know none who have shown so much zeal for the liberty of their country as the English at this time have done : they have, by the help of divine Providence, overcome all ob- stacles, and have made themselves free. We have driven away the hereditary tyranny of the house of Stuart, at the expense of much blood and treasure, in hopes of enjoying hered- itary liberty, after having shaken off the yoke of kingship ; and there is not a man among us who could have imagined that any person would be so bold as to dare to attempt the ravishing from us that freedom, which cost us so much blood and so much labour. But so it happens, I know not by what misfortune, we are fallen into the error of those who poisoned the Em- peror Titus to make room for Domitian, who made away Augustus that they might have Tiberius, and changed Claudius for Nero. ] am sensible these examples are foreign from my subject, since the Romans in those days were buried in lewdness and luxury, whereas the people of England are now renowned all over the world for their great virtue and disci- pline, and yet suffer an idiot without courage, without sense, nay, without ambition, to have dominion in a country of liberty ! One could bear a little with Oliver Cromwell, though, con- trary to his oath of fidelity to the Parliament, contrary to his duty to the public, contrary to the respect he owed that venerable body from whom he received his authority, he usurped the government. His merit was so extraordi- nary, that our judgments, our passions, might be blinded by it. He made his way to empire by the most illustrious actions ; he had under his command an army that had made him a conqueror, and a people that had made him their general. But as for Richard Cromwell his son, who is he 1 what are his titles 1 We have seen that he had a sword by his side ; but did he ever draw it 1 And, what is of more importance in this case, is he fit to get obedi- ence from a mighty nation, who could never make a footman obey him 1 Yet we must rec- ognise this man as our king, under the style of Protector ! a man without birth, without cour- age, without conduct. For my part, I declare, sir, it shall never be said that I made such a man my master." Richard Cromwell never appeared in public again. The government continued for a short * By the authors of the Biographia Brittanica, Oldmixon, and others. The speech is not in Burton, because that di- ary abruptly closes before the day in question. TT time to be administered in his name, but he was himself " null and void." After his formal abdication, which speedily followed, an open coalition was announced be- tween the Republicans and the more liberal division of officers, by the leaders of the re- spective parties, Vane and Fleetwood. The result of this was the resuscitation of the fa- mous Long Parliament, and the administration of the government, for a short period, on Re- publican principles. But for many reasons, which need not be discussed here, the cause was soon found hopeless. Upon the subse- quent rupture between the Parliament and the officers, Vane adhered to the latter, as the last resource against Monk in favour of a republic, accepted a commission,* and was ultimately, when that inextinguishable Parliament revived itself again, carried under arrest for it into his seat in Lincolnshire. This adhesion to the officers has nevertheless been truly called " one of those acts which prove Vane a sagacious and sound politician." He saw that the Common- wealth could be saved only by union with the army. He detected earlier than any other the designs of Monk, but strove in vain to collect materials for their overthrow. Hazlerig and his silly associates of the Long Parliament were meanwhile in process of cajolement to their heart's content. Vane stayed at Belleau, now confident of the worst ; and never at any time had Oliver Cromwell's despotism struck him so with anger or with shame, as when he now re- flected on that state of indifference to liberty into which it had brought his countrymen. I will rapidly sketch the general features of his conduct before his arrest, and then proceed to the " Restoration." During his adhesion to the officers, he was appointed one of the com- mittee of safety, to whom the supreme and en- tire power of the country was intrusted, until Parliament could make farther arrangements. The authority of this committee was to con- tinue only for eight days. A council of state was subsequently agreed upon, and on the 13th of May he was nominated one of its members. He was also, at that time, chairman of a com- mittee of this council, to whom the whole mil- itary and naval force of the country was com- mitted, with power to make all appointments in each branch of the service. Soon afterward a special commission was formed to administer the affairs of the admiralty, and he was placed at its head. In September, 1659, he was made president of the council, and continued to serve in every important trust, as the leading mem- ber of committees of safety, and other execu- tive and legislative committees. Upon one of the latter committees, he discharged his last noble effort for the great cause his life had been * This was made matter of charge against him on his trial. He observed upon it thus : " That which remains of farther charge yet to me is the business of a regiment, an employment which I can in truth affirm mine own inclina- tions, nature, and breeding little fitted me for, and which was intended only as honorary and titular, with relation to volunteers who, by their application to the council of state, in a time of great commotions, did propound their own offi- cers, and, without any seeking of mine, or my considering any farther of it than as the use of my name, did, among Others, nominate me for a colonel, which the council of state 330 BRITISH STATESMEN. devoted to, by reporting a bill for the future and permanent settlement of the government, of which the following were the heads : " 1. That the supreme power, delegated by the people to their trustees, ought to be in some fundamentals not dispensed with ;" that is, that a CONSTITUTION ought to be drawn up and es- tablished, specifying the principles by which the successive " trustees," or representatives assembled under it, should be guided and re- strained in the conduct of the government, and clearly stating those particulars in which they would not be permitted to legislate or act. 2. One point, which was to be determined and fixed in this Constitution, so that no legislative power should ever be able to alter or move it, was this : " That it is destructive to the peo- ple's liberties (to which, by God's blessing, they are fully restored) to admit any earthly king, or single person, to the legislative or executive power over this nation." 3. The only other principle reported as fundamental, and to be placed at the very basis of the Constitution, was this : " That the supreme power is not in- trusted to the people's trustees, to erect mat- ters of faith and worship, so as to exercise compulsion therein." Such services as these, however, were past forever, for the people were now drunk with the orgies of the " Restoration." Upon the occurrence of this event, Vane left his seat in Lincolnshire, and came up to a favourite resi- dence he had at Hampstead, near London.* He was not " conscious of having done any- thing in relation to public affairs for which he could not willingly and cheerfully suffer." He had taken no share in the trial or death of Charles I., and the new king had graciously promised a wide and merciful indemnity. But in the early part of July, 1660, he was arrested at Hampstead and flung into the Tower. Lord Clarendon was the author of this meas- ure. A glance at the proceedings by which Vane was excepted from the indemnity shows it beyond the possibility of doubt. Long de- bates, and many conferences between the two Houses of Parliament, had taken place previ- ously to the passing of that act. The House of Commons proposed to subject to capital pun- ishments those alone who had been immediately concerned in the trial and execution of Charles I., at the same time not exempting other offend- ers from penalties and forfeitures. The king himself, in a soeech addressed to the Lords on the subject of the Act of Indemnity, assured the House that he never had entertained a thought of excepting any besides those imme- diately concerned in the murder of his father, and begged them not to exclude others from the benefit of the act. This mercy and indul- gence, the king said, would be the best way to bring them to repentance, and the safest expe- dient to prevent future mischief. The House of Lords, however, urged the necessity of ex- cluding Vane, and this was distinctly on Clar- endon's suggestion. In one of the conferen- ces, the " Lord-chancellor Hyde" advised the exclusion of Vane as " a man of mischievous activity." The Commons opposed this for some time. At length, after three conferences, they agreed to except him, on a suggestion from the Ludlow, vol. iii., p. 111. lord-chancellor that the two Houses should petition the king to spare his life. A petition of the two Houses was accordingly presented, praying the king, on behalf of Sir Henry Vane, that if he should be attainted, his execution might be re- mitted. The king received the petition and granted the request. Even Bishop Burnet ad- mits the king gave a favourable answer, though in general words. On his trial Vane pleaded the royal promise in his defence, and the fact of such a promise was not denied by the coun- sel for the prosecution. The promise itself was absolutely read in the court. During these debates the illustrious prisoner had been moved from prison to prison, and was at length immured in a solitary castle on one of the isles of Scilly. Here he was deliberately kept till a more pliant Parliament could be got together for the purposes of his murder. It is not a harsh ex- pression to use in this case. From the moment of the restoration, Charles and his chancellor had resolved upon the murder of Vane. They procured his exception from the indemnity act by a trick, and now waited till a House of Com- mons, more slavish and more zealous for roy- alty than that of the Convention Parliament, could be set on to clamour for his death. For two years, necessary to the completion of this diabolical plan, he was kept a prisoner ; and here, on Scilly, while waiting this slow ap- proach of vengeance, in the solitary and dismal recesses of a desolate castle, he lost neither his lofty spirit nor his calm philosophy. Although separated from his family and friends, and sev- ered, as it were, from the earth itself, shut out from the light of heaven and the intercourse of man, hearing no sound but the dashing of the ocean's waves against the foundation stones, and the howling of its storms among the tur- rets of his feudal prison, his soul was serene and unruffled, the abode of peace and light. Religion and philosophy, to whose service he had devoted his great faculties and pure affec- tions in the days of his ardent youth and glo- rious manhood, when power and prosperity were his lot, and the world was bright before him, now came to solace, and cheer, and bless him in the reverse of his earthly fortunes, and when the dark clouds were gathering around the close of his career. " Although," pursues an eloquent writer, speaking of him at this pe- riod, "to human eye all his efforts had failed, and the cause of liberty was utterly lost and undone, when even hope itself had fled from every other breast, he did not despond. Not a shadow of doubt passed over his spirit. His confidence was founded upon a rock, and his faith in the promises of God disclosed to his clear and heaven-illumined vision the sure prospect of the happy period when there would be no more tyranny or oppression on the earth. He felt that the hour of his final trial was rap- idly approaching ; and, although there was a constitutional delicacy and tenderness in his nature, which had even made him so sensitive to physical suffering as to lead his enemies to charge him with a want of personal courage, he contemplated death with a singular calmness and complacency of spirit. And well he might ; for when he looked back over his life, his mind rested with a just satisfaction upon the faithful SIR HENRY VANE. 331 and constant devotion of his talents to the cause of God and his people ; and when he turned towards the future, he contemplated, with a glorious hope and blessed assurance, the rewards in reserve for sincerity, benevolence, and piety, in that world where the wicked cease from troubling and the weary are at rest." Some of the writings with which this im- prisonment was thus dignified and solaced hap- pily remain on record. It was here he wrote the " People's Case Stated," which I have al- ready fully described, and other religious works, in accordance with the pure faith and the ele- vated doctrine which have also received ample illustration in these pages. Other fragments of works remain, and are, many of them, of a deeply touching character. He wrote of " Gov- ernment," of" Religion,"of " Life," of" Death," of " Friends," of " Enemies," with all the calm- ness of an ancient philosopher, but in the deep- est and most generous spirit of diviner Chris- tianity. The GOOD OLD CAUSE was now appa- rently lost forever. All its greatest friends had sunk into the grave, or were wandering in exile, or immured in dungeons, or perishing on the scaffold. His own blood was, he well knew, thirsted after by powerful enemies ; yet he con- templated all things as he had ever contempla- ted them ; he saw all the objects of his glorious life as they had ever been present with him, save only that now his hope was gone of him- self surviving to witness their achievement. " The people's cause, whom God after trial hath declared free, is a righteous one, though not so prudently and righteously managed as it might and ought to have been. God's doom is therefore justly executed upon us, with what intent and jugglings soever it was prosecuted by men." In his Meditations on Death, he regarded that event not only with cheerful fortitude, but in the profoundest spirit of philosophy. " Death is the inevitable law God and nature have put upon us. Things certain should not be feared, but expected. Things doubtful only are to be feared. Death, instead of taking away anything from us, gives us all, even the perfec- tion of our natures ; sets us at liberty both from our own bodily desires and others' domination ; makes the servant free from his master. It doth not bring us into darkness, but takes dark- ness out of us, us out of darkness, and puts us into marvellous light. Nothing perishes or is dissolved by death but the veil and covering, which is wont to be done away from all ripe fruit. It brings us out of a dark dungeon, through the crannies whereof our sight of light is but weak and small, and brings us into an open liberty, an estate of light and life, unveiled and perpetual. It takes us out of that mortal- ity which began in the womb of our mother, and now ends to bring us into that life which shall never end. This day, which thou fearest as thy last, is thy birthday into eternity. "Death holds a high place in the policy and great commonwealth of the world. It is very profitable for the succession and continuance of the works of nature. " The fading corruption and loss of this life is the passage into a better. Death is no less essential to us than to live or to be born. In flying death thou flyest thyself: thy essence is equally parted into these two, life and death. It is the condition and law of thy creation. Men are not sent into the world by God but with purpose to go forth again ; which he that is not willing to do, should not come in. " The first day of thy birth bindeth thee and sets thee in the way as well to death as to life. To be unwilling therefore to die, is to be un- willing to be a man, since to be a man is to be mortal. It being therefore so serviceable to nature and the institution of it, why should it be feared or shunlted 1 Besides, it is necessary and inevitable : we must do our best endeavour in things that are not remediless, but ought to grow resolute in things past remedy. " It is most just, reasonable, and desirable to arrive at that place towards which we are al- ways walking. Why fearest thou to go whither all the world goes 1 It is the part of a valiant and generous mind to prefer some things before life, as things for which a man should not doubt nor fear to die. In such a case, however mat- ters go, a man must more account thereof than of his life. He must run his race with resolu- tion, that he may perform things profitable and exemplary. " The contempt of death is that which pro- duceth the boldest and most honourable ex- ploits. He that fears not to die, fears nothing. From hence have proceeded the commendable resolutions and free speeches of virtue, uttered by men of whom the world has not been wor- thy."* Of " Life" he had then instructed himself to think as only the passage to a place where knowledge and virtue would be better achieved after the body was in the grave : "There is a time to live and a time to die. A good death is far better and more eligible than an ill life. A wise man lives but so long as his life is more worth than his death. The longer life is not always the better. To what end serves a long life ? Simply to live, breathe, eat, drink, and see this world. What needs so long a time for all this 1 Methinks we should * Again, in another passage of this exquisite fragment, he says, " True natural wisdom pursueth the learning and practice of dying well, as the very end of life ; and, indeed, he hath not spent his life ill that hath learned to die well. It is the chiefest thing and duty of life. The knowledge o{ dying is the knowledge of liberty, the state of true freedom, the way to fear nothing, to live well, contentedly, and peace- ably. Without this there is no more pleasure in life than in tha fruition of that thing which a man feareth always to lose. In order to which, we must above all endeavour that our sins may die, and that we see them dead before our- selves, which alone can give us boldness in the day of judg- ment, and make us always ready and prepared for death. Death is not to be feared and fled from, as it is by most, but sweetly and patiently to be waited for, as a thing natural, reasonable, and inevitable." I cannot resist giving one extract more, in which we find two thoughts expressed almost literally in Shakspeare's words : " It is a good time to die, when to live is rather a burden than a blessing, and there is more ill in life than good. There are many things in life far worse than death, in respect whereof we should rather die than live. The more voluntary our death is, the more honourable. Life may be taken away from every man by every man, but not death. " It is a great point of wisdom to know the right hour and fit season to die. Many men have survived their own glory That is the best death which is well recollected in itself, quiet, solitary, and attendeth wholly to what at that time is fittest. " They that live by faith die daily. The life which faith teaches works death. It leads up the mind to things not seen, which are eternal, and takes it off, with its affection} and desires, from things seen, which are temporary." 332 BRITISH STATESMEN. soon be tired with the daily repetition of these and the like vanities. Would we live long to gain knowledge, experience, and virtue 1 This seems an honest design, but is better to be had other ways by good men, when their bodies are in the grave." In another most beautiful passage on this subject, his peculiar religious faith is strikingly shown : "The knowledge, sight, and experience of such a kind of subsisting and heavenly manner of life that man is capable of, is the best pre- parative and most powerful motive to leave the body, and surcease the use of our earthly or- gans. This, in effect, is all that bodily death, rightly known and understood, doth impart : a lawful surceasing the use and exercise of our earthly organs, and our willing and cheerful re- sorting to the use and exercise of that life with- out the body, which man is capable to subsist in when made perfect in spirit, an equal and as- sociate with angels, under the power and order of expressing what he inwardly conceives, as they do. This made Paul look upon life in the body, and life out of it, with no indifferent eye ; as accounting the being at home in the body an absence from the Lord ; and such a kind of ab- sence from the body as death causes, to be that which makes us most present with the Lord ; which, therefore, he should be most willing unto, and, with greatest longing after, desjre." Towards the close of the second year of his imprisonment, we ascertain the desperate ef- forts his enemies were making to force on his trial, in passages of a most affecting letter to his wife. " MY DEAR HEART," he begins, " the wind yet continuing contrary, makes me desirous to be as much in converse with thee (having this op- portunity) as the providence of God will per- mit, hoping these will come safe to your hand. It is no small satisfaction to me, in these sharp trials, to experience the truth of those Chris- tian principles, which God, of his grace, hath afforded you and me the knowledge, and im- boldened us to make the profession of. Have faith and hope, my dearest. God's arm is not shortened ; doubtless great and precious prom- ises are yet in store to be accomplished in and upon believers here on earth, to the making of Christ admired in them. And if we cannot live in the power and actual possession of them, yet if we die in the certain foresight and embracing of them by faith, it will be our great blessing. This dark night and black shade which God hath drawn over his work in the midst of us, may be, for aught we know, the ground-colour to some beautiful piece that he is now exposing to the light." Dwelling next upon the trials he had been called to, with a view to the working out of this most sublime image, he expresses the good and holy influence which afflictions are intended by Providence to exert upon the Chris- tian aspects of man's character. " Nor would I have it thought that I have already attained the powerful practice of this holy duty and per- fection ; but it is much in my desire, aim, and hope. The difficult circumstances I am in, and that I am still more and more every day cast into, by God's wise-disposing providence, to the sequestering me from the world, and with- holding all sensible comforts from me, so much as he doth, make me, in some sort, confident it is for a good end, and that out of love and faithfulness I am made to drink of this bitter cup, the better to help forward that necessary work in me, and upon me, wherein consists the glorious liberty of the sons of God. " If I may have and enjoy this, it would seem a very little matter to me to be in outward bonds, banishment, want, or any other afflic- tions. Help me, then (in all your cares and solicitudes about me), to what will further and advance this work in me. The Lord grant me and mine to be content, if he deny us to live of our own, and will bring us to the daily bread of his finding, which he will have us wait for, fresh and fresh from his own table, without knowing anything of it beforehand. Peradven- ture there is a greater sweetness and blessing in such a condition than we can imagine till we have tried it. This may add to my help, even our making little haste to get out of our troub- les, patiently waiting till God's time come, wherein he will open the prison doors, either by death, or some other way, as he please, for the magnifying his own great name, not suf- fering us to be our own choosers in anything, as hitherto hath been his way with us. " And why should such a taking up sanctua- ry in God, and desiring to continue a pilgrim and solitary in this world, while I am in it, af- ford still matter of jealousy, distrust, and rage, as I see it doth to those who are unwilling that I should be buried and lie quiet in my grave, where I now am. They that press so earnestly to carry on my trial, do little know what presence of God may be afforded me in it and issue out of it, to the magnifying of Christ in my body, by life or by death. Nor can they, I am sure, imagine how much I de- sire to be dissolved and to be with Christ, which of all things that can befall me I account best of all. And till then, I desire to be made faithful in my place and station, to make confession of him before men, and not deny his name, if call- ed forth to give a public testimony and witness concerning him, and to be herein nothing terri- fied. What, then, will the hurt be, that I can or shall receive by the worst that man can do unto me, who can but kill the body, and there- by open my prison door, that I may ascend into the pleasures that are at Christ's right hand 1 If the storm against us grow still higher and higher, so as to strip us of all we have, the earth is still the Lord's and the fulness thereof; he hath a good storehouse for us to live upon. God can, and (if he think fit) will chalk out some way wherein he may appear by his prov- idence to choose for us,, and not leave us to our own choice ; and being contracted into that small compass which he shall think fit to reduce us unto, we may, perhaps, meet with as true inward contentment, and see as great a mercy in such a sequestration from the world, as if we were in the greatest outward prosperity. I know nothing that remains to us but, like a tossed ship in a storm, to let ourselves be toss- ed and driven with the winds, till He that can make these storms to cease, and bring us into a safe haven, do work out our deliverance for us. I doubt not but you will accordingly en- deavour to prepare for the worst." In this letter, it will be seen, Vane's touching design is not solely to prepare his wife and SIR HENRY VANE. 333 family for his death, which he knew to be near, but also to sustain and solace them in the pov- erty to which they would be left, should hi estates suffer the forfeitures of treason. Soon after its date, which was March 7th, 1662, he was removed from Scilly to the Tower of Lon- don. The grand jury having found a bill against him as " a false traitor," &c., he was arraigned before the Court of King's Bench on the 2d of June, 1662. Vane was refused the assistance of counsel, and stood alone on the floor of the court that memorable day against the attorney-general,* the solicitor-general, and four others of the most eminent lawyers in the kingdom, among whom were men that had been agents in the affairs of the Commonwealth when Vane was its most eminent chief ! He was not permitted to see his indictment before it was now read, or to have a copy of it afterward, and he had been denied the benefit of legal advice or con- sultation out of the court as well as in ; yet he stood upon the floor of that court the most cheerful and unmoved person there. The indictment charged him with compassing and imagining the death of Charles II., and con- spiring to subvert the ancient frame of the kingly government of the realm. The overt acts laid in the indictment were, that the pris- oner, in concert with other traitors, assembled and consulted to destroy the king and the gov- ernment, and to exclude the king from the ex- ercise of his royal authority ; and that he took upon himself the government of the forces of the nation by sea and land, and appointed offi- cers to hold command in an army raised against the king ; and for the purpose of effecting his design, did actually, in the county of Middlesex, levy war against the king. This indictment, at Vane's request, was read over to him twice, in English ; he then desired that it might be read over to him in Latin, but this was refused. After taking some objections to the indictment, the most important of which was, that, as the offences charged in it were committed in his capacity as a member of Par- liament, or as acting under its commission, he could only be held to answer for them before Parliament itself, and not at the bar of any in- ferior or other tribunal, the judges peremptorily overruled them, and required him to answer to the indictment " Guilty" or "Not Guilty." Vane then urged, at great length, those rea- sons which led him to decline to put himself on trial by pleading to the indictment. Never were undeniable reasons pressed with such power and ability. He showed that it was im- possible for him to have that equal and just trial which was his right as an Englishman. He argued that, contrary to all the authorities and principles of English law which he cited, he was * This was the eccentric Sir Geoffrey Palmer, of whom Roger North gives a very graphic sketch. He was distin- guished by his ability and masterly knowledge in his pro- fession, and his wisdom and generosity are said to have been incomparable. During all the troubles of the age, he lived quiet in the Temple, a professed and known Cavalier ; and no temptation of fear or profit could ever shake his principles He had great business in conveyancing, and would not keep a clerk who was not a, strict Cavalier. One of his clerks was said to be so rigid that he would never write the word Oliver with a great O, and the attorney-general himself was reported to have purchased the manor of Charlton from its resemblance to the name of his royal master. arraigned before judges who, in another place, had prejudged his case and recorded their votes against him. He dwelt upon the months and years that had been occupied in contriving and collecting secret evidence to sustain the prose- cution, while he had all the time been kept a close prisoner.* He entered upon a particu- lar examination of the specifications brought against him, and showed that they were vague and general, and such as did not bear against him individually, but as a member of a Parlia- ment to which he was lawfully elected, and in which he had acted in concurrence with the nation from time to time. In conclusion, he addressed his judges in this nervous and solemn strain : " Unto this, unless some remedy be afforded by the justice, candour, and favour of this court, it may be better for the prisoner (for aught he yet knows) to be immediately destroy- ed by special command (if nothing else will sat- isfy), without any form of law, as one to whom quarter, after at least two years' cool blood, is thought fit to be denied in relation to the late wars. This may seem better than under a colour and form of justice to pretend to give him the benefit of the law and the king's courts, whose part it is to set free the innocent, upon an equal and indifferent trial had before them, * "It is observable how early hard measure appeared in the way wherein the prisoner became excepted out of the Act of Indemnity, when the Commons, his proper judges, declared him in their thoughts not fit to be endangered in the point of life ; yet unto the judgment of the Lords (that ought not to judge commoners unbrought before them by the Commons, much less in opposite judgment to the Commons) the Commons were necessitated to yield, lest otherwise the Act of Indemnity to the whole nation should stop upon this dispute ami essential difference between the two Houses ; a competition easily overruled ; although, as it proves by the sequel, that act of indemnity is like to become felo de se, or a. destroyer of itself, if your lordships should conceive your- selves at liberty, notwithstanding that act, not only to bring anew into memory upon the stage the state of all the past differences from first to last, but to try and judge the merit of them in my person, and therein call in question the valid- ity of that whole act, and make void the benefit intended by it, in case the war undertaken and managed by both or ei- ther of the houses of Parliament be judged unlawful, and within the statute of 25 Edward HI. ; for this adjudges all the people of England morally guilty of the evil of a sin and offence against the law of nature, which once done, what- ever promised indemnity be granted for the present, the evil of the action remaineth upon record, not only to the infamy of the whole people of England, but their future danger, upon pretence that they have forfeited the very indemnity granted. " The length of time taken to search out matter against the prisoner, and the undue practices and courses to find out witnesses, do farther evidence how unlike the prisoner is to have an equal and indifferent trial. He doubts not this will appear in his two years' close imprisonment (six months whereof was banishment), during which time he was never so much as once examined, or had any question put to him whereby he might conjecture wherefore he was committed to prison, any farther than was expressed in the warrants of commitment. Now these were so general that nothing certain or particular could be gathered out of them. But upon the received opinion that he was excepted out of the Act of Indemnity, and, in the sense of both Houses, a great delinquent, his estate was attempted to be inventoried, his rentals demanded, his rents were actully seized in the ten- ants' hands, and they forbidden to pay them. His very courts were prohibited by officers of great personages, claim- ing the grant of the estate, and threatening his officers from doing their duty. By these kind of undue proceedings, the prisoner had not wherewithal to maintain himself in prison, and his debts, to the value of above 10,000, were undis- charged, either principal or interest. The hopes of private lucre and profit hereby was such in the tenants and other persons sought out for far and near to be witnesses, that it is no wonder at last something by way of charge comes to be exhibited." The foregoing is from a paper he left be- hind him in his prison, endorsed " Memorandums pleadable on my arraignment." 334 BRITISH STATESMEN. if their cause will bear it ; but it is very visible beforehand that all possible means of defence are taken and withheld from him, and laws are made ex post facto to forejudge the merit of the cause, the party being unheard. " And when he hath said all this, that, as a rational man, does occur to him, and is fit for him to represent in all humility to the court, he craves leave farther to add, that he stands at this bar not only as a man, and a man clothed with the privileges of the most sovereign court, but as a Christian that hath faith and reliance in God, through whose gracious and wise ap- pointment he is brought into these circum- stances, and unto this place at this time, whose will he desires to be found resigned up into, as well in what he now calls him to suffer, as in what he hath called him formerly to act, for the good of his country, and of the people of God in it. Upon this bottom, he blesses the name of his God, he is fearless, and knows the issue will be good, whatever it prove. God's strength may appear in the prisoner's weakness ; and the more all things carry the face of certain ruin and destruction unto all that is near and dear to him in this world, the more will divine deliverance and salvation appear, to the making good of that Scripture, that he that is content to lose his life in God s cause and way, shall save it, and he that, instead thereof, goes about to save his life upon undue terms, shall lose it. " Far be it, therefore, from me to have know- ingly, maliciously, or wittingly offended the law, rightly understood and asserted, much less to have done anything that is malum per se, or that is morally evil. This is what I allow not, as I am a man, and what I desire with steadfastness to resist, as I am a Christian. If I can judge anything of my own case, the true reason of the present difficulties and straits I am in is because I have desired to walk by a just and righteous rule in all my actions, and not to serve the lusts and passions of men, but rather to die than wittingly and deliberately sin against God and transgress his holy laws, or prefer my own private interest before the good of the whole community I relate unto, in the kingdom where the lot of my residence is cast." Before resuming his seat, Vane once more claimed the benefit of council. The court told him that if he would plead, and put himself on the issue, he should then have counsel assign- ed. After considerable urging, and with evi- dent reluctance and distrust of the sincerity of the court and its promise, he was prevailed upon to comply, and to plead not guilty. He was at once remanded to prison, and, four days after, was brought up to trial. Upon taking his place in the court, he claim- ed the promise of his judges, and was told that they would be his counsel ! So went on this deliberate murder. Since the first promise was made, Chief-justice Forster (who presided at the trial) had been to Hampton Court and re- ceived instructions. He and his associates throughout were merely the instruments of the murderers behind the scene, Charles and Clar- endon. Chief-justice Forster had even been overheard to say on the day of arraignment, when the convincing arguments of the prisoner had left the prosecuting officers without the power of answering them, " Though we know not what to say to him, we know what to do with him." The attorney-general, Sir Geoffrey Palmer, now stated the nature of the overt acts charged against the prisoner, and the particulars of the proofs. " We shall prove," he said, " that the prisoner sat with others in several councils, or rather confederacies, encroached the govern- ment, levied forces, appointed officers, and at last levied open and actual war at the head of a regiment ; and though he be chargeable for any crime of treason since the beginning of the late war, yet we shall confine the facts of which we charge him to the reign of his present maj- esty." The first piece of evidence was a war- rant under the hand and seal of the prisoner, directed to the officers of the navy, and com- manding them to issue out stores for the ser- vice of the government. The signature of the prisoner was proved by two witnesses acquaint- ed with the general character of his handwri- ting. Several entries in the journals of the House of Commons were then read. One of them, dated the 1st of February, 1649, purport- ed to be an order for establishing a council of state. Another entry, of the date of the 13th of February in the same year, contained in- structions to the council of state, requiring them to suppress the attempts of any who should pretend title to the kingly government, from the late king, or from his son, or from any other person. The attorney-general insisted that the former part of these instructions showed an in- terest to destroy the person of the king, and that the latter part showed an interest to de- stroy the kingly government. It appeared from another entry in the journals of the 14th of February, 1649, that the prisoner had been chosen a member of the council of state, and had acted upon the instructions before men- tioned, and usually sat in the council ; and that he had also acted as treasurer of the navy. The fact of his sitting as member in a committee of council was also proved by witnesses. It was farther proved that in 1651 he was appointed president of the council of state, and as such signed orders for military equipments. An- other entry was read, dated 7th of May, 1659, from which it appeared that a committee of safety had been appointed for the care of the Commonwealth, and that the prisoner was one of its members, and, as such, had acted in con- ference with foreign ambassadors, and nomina- ted officers to commands in the army, and had made several orders, and acted in various other ways in the service of the Commonwealth. A witness of the name of Marsh proved that the prisoner proposed a new model of the govern- ment, Whitelocke presiding in the chair ; and that one of the particulars proposed was a reso- lution declaring it destructive to the people's liberty to admit any king into power. Another witness stated that he believed Sir Henry Vane had proposed this resolution to the chairman, and affirmed positively that he gave reasons in its support. A third proved that Sir Henry Vane had been at the head of a company of soldiers in Southwark.* Such was the substance of the evidence in support of the prosecution. Sir Henry Vane was now called upon for his defence. He ar- Phillips's State Trials. SIR HENRY VANE. 335 gued, first, in point oflaw, that the word " king," in the statute of treasons, could only be under- stood to mean a king regnant, one in the actual possession of the crown, and not a king merely such de jure, who is not in possession of the throne ; that the Parliament was the only pow- er regnant at the time alleged, consequently that no treason could be committed against the king. He was proceeding in this argument, when the court observed that, previous to en- tering into his defence in matters of law, it would be proper for him to call witnesses, if he had any. Upon this, he said that, not having been informed of the nature of the charges, nor of the evidence to be brought against him, he had not been able to provide witnesses, and he therefore desired process of the court to sum- mon witnesses, and a farther time to answer the charge ; but the court declared that such a delay could not be allowed. Undaunted, he then, with infinite learning and ability, grappled with all the evidence against him, and justified every particular of his conduct. The learning, the eloquence, the lofty courage with which he did this, will appear in the following masterly passages : " The causes that did happen to move his late majesty to depart from his Parliament, and continue for many years, not only at a distance and in a disjunction from them, but at last in a declared posture of enmity and war against them, are so well known and fully stated in print, not to say written in characters of blood on both parts, that I shall only mention it, and re- fer to it, " This matter was not done in a corner. The appeals were solemn, and the decision, by the sword, was given by that God who, being the judge of the whole world, does right, and cannot do otherwise. " By occasion of these unhappy differences, thus happening, most great and unusual changes and revolutions, like an irresistible torrent, did break in upon us, not only to the disjointing that Parliamentary assembly among themselves (the head from the members, the co-ordinates from each other, and the Houses within them- selves), but to the creating such formed divis- ions among the people, and to the producing such a general state of confusion and disorder, that hardly any were able to know their duty, and with certainty to discern who were to com- mand and who to obey. All things seemed to be reduced, and in a manner resolved into their first elements and principles. " Nevertheless, as dark as such a state may be, the law of England leaves not the subjects thereof, as I humbly conceive, without some glimpses of direction what to do, in the cleav- ing to, and pursuing of which, I hope I shall not be accounted nor judged an offender, or if I am, I shall have the comfort and peace of my actions to support me in and under my greatest sufferings. " The king is acknowledged to have two ca- pacities in him : one a natural, as he is descend- ed of the blood royal of the realm ; and the body natural he hath in this capacity is of the crea- tion of almighty God, and mortal : the other is a politic capacity, in respect of which he is a body politic or mystical, framed by the policy of man, which is immortal and invisible. To the king, in both these capacities conjoined, al- legiance is due ; that is to say, to the natural person of the king, accompanied with his politic capacity, or the politic appropriated to the nat- ural. " The politic capacity of the king hath prop- erly no body nor soul, for it is framed by the policy of man. " In all indictments of treason, when any one does intend the death and destruction of the king, it must needs be understood of his natu- ral body, the other being immortal. The in- dictment therefore concludes, contra legiantia sua, debitum, against the duty of his allegiance, so that allegiance is due to the natural body. " Admitting, then, that thus by law allegiance is due to the king (as before recited), yet it is always to be presumed that it is to the king in conjunction with the Parliament, the law, and the kingdom, and not in disjunction from or opposition to them ; and that while a Parlia- ment is in being and cannot be dissolved but by the consent of the three estates. " This is therefore that which makes the mat- ter in question a new case, that never before happened in the kingdom, nor was possible to happen, unless there had been a Parliament constituted, as this was, unsubjected to ad- journment, prorogation, or dissolution, by the king's will. Where such a power is granted, and the co-ordinates thereupon disagree and fall out, such effects and consequents as these that have happened will but too probably fol- low ; and if either the law of nature or Eng- land inform not in such case, it will be impos- sible for the subjects to know their duty, when that power and command which ought to flow from three in conjunction comes to be exercised by all or either of them, singly and apart, or by two of them against one. " When new and never-heard-of changes do fall out in the kingdom, it is not like that the known and written laws of the land should be the exact rule, but the grounds and rules of jus- tice, contained and declared in the law of nature, are and ought to be a sanctuary in such cases, even by the very common law of England ; for thence originally spring the unerring rules that are set by the divine and eternal law for rule and subjection in all states and kingdoms." In a subsequent passage of this immortal de- fence he illustrated the emphatic differences which separated his case from that of almost every other, though he avowed the same devo- tion to the good cause common to all who had suffered for it, and proudly appealed to his vir- tuous and unstained conduct in his days of power. " The resolutions and votes for changing the government into a Commonwealth or free state were passed some weeks before my return to Parliament ; yet afterward, so far as I judg- ed the same consonant to the principles and grounds, declared in the laws of England, for upholding that political power which hath given the rise and introduction in this nation to mon- archy itself, by the account of ancient writers, I conceived it my duty, as the state of things did then appear to me, notwithstanding the said alteration made, to keep my station in Parlia- ment, and to perform my allegiance therein to king and kingdom, under the powers then reg- 336 BRITISH STATESMEN. nant, upon my principles before declared, yield- ing obedience to their authority and commands ; and having received trust, in reference to the safety and preservation of the kingdom, in those times of imminent danger both within and with- out, I did conscientiously hold myself obliged to be true and faithful therein. This I did upon a public account, not daring to quit my station in Parliament by virtue of my first writ. Nor was it for any private or gainful ends to profit myself or enrich my relations. This may ap- pear as well by the great debt I have contract- ed, as by the destitute condition my many chil- dren are in as to any provision made for them ; and I do publicly challenge all persons whatso- ever that can give information of any bribes or covert ways used by me during the whole time of my public acting. Therefore I hope it will be evident to the consciences of the jury that what I have done hath been upon principles of integ- rity, honour, justice, reason, and conscience, and not, as is suggested in the indictment, by instigation of the devil, or want of the fear of God. " A second great change that happened upon the constitution of the Parliament, and in them, of the very kingdom itself and the laws there- of, to the plucking up the liberties of it by the very roots, and the introducing of an arbitrary regal power, under the name of Protector, by force and the law of the sword, was the usur- pation of Cromwell, which I opposed from the beginning to the end, to that degree of suffer- ing, and with that constancy, that well near had cost me not only the loss of my estate, but of my very life, if he might have had his will, which a higher than he hindered ; yet I did re- main a prisoner, under great hardship, four months, in an island, by his orders. " Hereby that which I have asserted is most undeniably evident, as to the true grounds and ends of my actions all along, that were against usurpation on the one hand, or such extraordi- nary actings on the other as I doubted the laws might not warrant or indemnify, unless I were enforced thereunto by an overruling and inev- itable necessity." In conclusion, he put in these questions to the court : " 1. Whether the collective body of the Par- liament can be impeached of high treason 1 " 2. Whether any person acting by authority of Parliament can, so long as he acteth by that authority, commit treason 1 " 3. Whether matters acted by that authority can be called in question in an inferior court 1 " 4. Whether a king de jure, and out of pos- session, can have treason committed against him, he not being king de facto, and in actual possession 1 And prayed it might be argued by counsel. " 5. Whether matters done in Southwark, in another county, may be given in evidence to a Middlesex jury V All these masterly arguments to law and ap- peals to simplest reason were of course una- vailing. The court held that the Parliament was determined and dissolved by the death of Charles I. ; that the proceedings subsequent to that event, though conducted in the name of Parliament, were without any legal authority, and absolutely void ; that Charles II. became king de facto as well as de jure from the moment of his father's death ; and that all acts done with intent to exclude him from the exercise of his kingly office were overt acts of high trea- son. As to the objection respecting the coun- ties, the court held that any overt act tending to prove the compassing of the death of the king might be given in evidence, in whatever county that overt act had been committed. Vane, resolute and undaunted, still prayed the benefit of a bill of exceptions upon these points ; but this the court refused, being of opinion that the statute of Westminster 2, chap. 31, which allows of bills of exceptions, does not apply to a criminal case, but only to actions between party and party. He then proved, by a few witnesses, the utter falsehood of much of the crown evidence, and so closed his de- fence. The solicitor-general now rose, and made a most brutal speech. He openly declared " that the prisoner must be made a public sacrifice ;" and, in allusion to his urgent demands for the benefit of counsel, held this indecent language : " What counsel, does he think, would dare to speak for him in such a manifest case of trea- son, unless he could call down the heads of his fellow-traitors, Bradshaw or Cook, from the top of Westminster Hall ]" When the solicitor had ended, the court sent out the jury without saying a word on the merits of the case, in order that the effect of his harangue might not be impaired, and he was even permitted to hold a secret consultation with the foreman as they were leaving the box. After an absence of half an hour, the jury returned into court with a ver- dict of guilty, and Vane was carried back to the Tower. Some friends visited him in his cell immedi- ately after his return to it, and they were sur- prised to find him in cheerful spirits. Although he had been in court for more than ten hours, without any refreshment, and engaged for a large part of the time in the most earnest and energetic efforts of argument and oratory, he seemed, at the conclusion, to be clothed with new strength and animation of soul. They questioned him, and he explained the feeling thus : " He had all along," he said, " foreseen the prosecution which had then been consum- mated. He knew that the offences to be char- ged upon him would be such as would equally involve the whole nation, and that, in defend- ing himself, he might, therefore, be considered as defending the liberty and life of every Eng- lishman who had acted in the cause of the Com- monwealth. He had been deeply impressed with a sense of the obligation that rested upon him to make a defence worthy of the importance and magnitude of the occasion, and he had formed the resolution to avail himself of every security which the Constitution and laws of the country had provided to protect the subject against injustice and oppression. Actuated by these views, he had refused to plead to the in- dictment until he was assured he should have the benefit of counsel. When, on the morning of that day, he found that he had been deceived and betrayed, and was without counsel to ad- vise with him, aid him, and speak for him, and that the great cause of liberty and right was left for him alone to vindicate, he was oppress- SIR HENRY VANE. 337 ed with a sense of his incompetency to do it justice ; but in looking back, at the close of the day, upon the defence he had been enabled to make, his heart overflowed with devout grat- itude and joy. He blessed the Lord that he had been strengthened to maintain himself at the post which Providence had assigned him ; that arguments had been suggested to his mind ; that he had not been left to overlook any means of defence ; that his lips had been clothed with more than their usual eloquence, and that, by his gracious help, he had been enabled to dis- charge, to his own entire satisfaction, the duty he owed to his country and to the liberty of his countrymen. He had spoken that day, as he told the judges, ' not for his own sake only, but for theirs and for posterity.' He had done his best and his utmost for himself and for his fel- low-men ; his conscience was discharged, his obligations to society were fulfilled, and his mind was therefore at peace with itself, at peace with the world, and full of satisfaction, comfort, and joy."* The real murderers now appear upon the scene. We are able to uplift the curtain which has concealed them hitherto, and show them to the execration of posterity. The time had come for the redemption of the king's solemn promise that he would remit Vane's sentence should he be proved guilty. Instead of interfering to redeem, he interfered to whet the zeal of Clarendon. He thus wrote, the day after the trial, to his pious chancellor : " Hampton Court, Saturday, j Two in the afternoon. j " The relation that has been made to me of Sir Henry Vane's carriage yesterday in the Hall is the occasion of this letter, which, if I am rightly informed, was so insolent as to jus- tify all he had done, acknowledging no su- preme power in England but a Parliament, and many things to that purpose. You have had a true account of all ; and if he has given new occasion to be hanged, certainly he is too dan- gtrous a man to let live, if we can honestly put him out of the way. Think of this, and give me some account of it to-morrow, till when I have no more to say to you. C. R." On Wednesday, the llth of June, Vane was brought up to receive his sentence. After the usual formalities, he was called upon to answer " whether he had anything to say why sentence * I will subjoin a few details from Sikes : " On this day, liberty being given to friends to visit him in the Tower, he received them with very great cheerfulness and with a com- posed frame of spirit, having wholly given up himself to the will of God. It being told him by a friend that his death would be a loss to the people of God, he answered, that God would raise up other instruments to serve him and his people." And as to the king's promise : " Upon friends persuading him to make some submission to the king, and to endeavour the obtaining of his life, he said, if the king did not think himself more concerned for his honour and word than he did for his life, he was very willing- they should take it. ' Nay, I declare,' said he, ' that I value my life less in a good cause than the king can do his promise. I think the king himself is so sufficiently obliged to spare my life, that it is fitter for him to do it than myself to seek it.'" The following is extremely touching: " Mention be- ing made to him of the cruel proceedings against him, ' Alas !' said he, ' what ado they keep to make a poor crea- ture like his Saviour!' In discourse he said, ' If the shed- ding of my blood may prove an occasion of gathering to- gether in one the dispersed interests and remnant of the adherers to this cause, of whatever differing persuasions, I should think ten thousand lives, if I had them, well spent in such a service.' " of dtath should not be passed upon him." Vane rose upon this, " with an air which sufficiently indicated that he not only had something, but a good deal, to say, why sentence of death should not be passed upon him." He com- menced by observing that he had not yet heard the indictment read in Latin, and he claimed it as a right undeniable. This led to a sharp de- bate between him and the judges and lawyers, in which he finally prevailed. When the in- dictment had been read in Latin, he next claimed counsel to make exceptions to the in- dictment, according to law. After much dis- cussion this was overruled ; but he would not relinquish his claim until the court had dis- tinctly assumed the responsibility of refusing it. The next thing he offered was a bill of exceptions, which, in the want of counsel, he had framed himself. It had been offered on the day of his trial, and the judges had then refused to sign it. He now showed that the statute of Edward had never been repealed, and he adduced passages from Sir Edward Coke to prove that, if the justices should re- fuse to sign a bill of exceptions, they might be compelled by a writ to sign it, and other- wise proceeded against. This bold measure on the part of the prisoner confounded and staggered the court. " The statute was ex- plicit, the law clear, the right certain." But, after much evasion and disputation, the court refused to sign or receive it ; and on this point also Vane would not relinquish his claim, until the judges had, one by one, assumed the re- sponsibility of the refusal. The bill of exceptions prepared by Vane has been preserved. It is a paper of great ability, learning, and interest, setting forth all the par- ticulars in which he had been unjustly used, and the law violated in his person. In the course of it, he mentions several interesting circumstances, implying the baseness of Monk, and other matters.* * " On the day of my arraignment, an eminent person was heard to say I had forfeited my head by what I said. that day before ever 1 came to my defence. What that should be I know not, except my saying in open court,. ' sovereign power of Parliament,' which the attorney-gen- eral wrote down, after he had promised at my request no exception should be taken at words ; and whole volumes of lawyers' books pass up and down the nation with that title, 'sovereign power of Parliament.' Six moderate men, that were like to consider what they did before they would throw away my life, were summoned to be of my petty jury, which 1 the king's counsel hearing, wrote a letter to one of the sheriffs to unsummou them ; and a new list was made the night immediately before the day of verdict, on purpose that the prisoner might not have any knowledge of them till presented to his view and choice in Westminster Hall. Yet one of the forty-eight of this list (who said he would have starved himself before he would have found Sir Henry Vane guilty of treason) was never called, though he walked in,> the hall all the while. And in that hurry of those that compassed about, I being alone, stripped of all assistance, Sir William Roberts foreman, and Sir Christopher Alxly, were sworn by the court before I was aware ; so my chal- lenging them might seem a personal disobliging and exas- peration of them against me, after they were sworn and fixed. The solicitor also had a long whisper with the fore- man of the jury, in the court, before they went to verdict, telling him the prisoner must be a sacrifice for the nation, &c. ; suddenly after which I am here called to receive my sentence. After the day of my trial, the judges went to Hampton Court." The foregoing is from a paper he had prepared in arrest of judgment. This also is an extract from his most able and: convincing argument on the law of treason : " The law is made for the benefit and security of the sub- ject, whom the law requires not to examine the right of tovereignty. Nor is the danger less under one government BRITISH STATESMEN. Vane's next step was to request the reading of the petition of the Parliament in favour of his life, and the king's promise, in reply, not to take it away. After much dispute he prevailed on this point, and the proceedings in reference to that petition were read in open court. He then reminded the court, who had begun to show signs of impatience under his searching and effectual management of his cause, that there were certain questions of law which must be settled before sentence could be passed upon him. He wished to argue them, by counsel if permitted, if not in person, before their lord- ships. He proceeded to instance them: " 1. Whether a Parliament were accountable to any inferior court. 2. Whether the king, being out of possession " The court suddenly broke in upon him at this point, and, with considerable vehemence, declared that " the king was never out of pos- session." Sir Henry instantly replied, with great coolness, that if the king was never out of possession, the indictment against him must inev- itably fall to the ground ; for the charge it alleged was, " that he endeavoured to keep out his maj- esty." The judges now showed themselves highly excited ; and Vane, after again demanding to be heard in assigning his reasons for an arrest of judgment, and after having exhausted the various provisions of the English law in favour of the security of the subject, desisted from all farther attempts. As he folded up his papers, he appealed from that tribunal to the righteous judgment of God, who, he reminded his judges, would judge them as well as him, and he con- cluded by expressing his willingness to die upon the testimony he had borne.* As he uttered these last words, Sergeant than another. The statute is, for securing the subjects from all dormant titles, that they may safely pay their allegiance when they receive protection, and that they may not be in danger of being destroyed by two powers at the same time. For that power which is supreme and de facto will be obeyed, and make it treason to do otherwise, be it right or wrong And if the subject be at the same time in danger of commit- ting treason against the power de jure, then is he in a mis- erable condition and state of unavoidable necessity, which is provided against by the laws of the land. Otherwise, if he be loyal to the king de jure, he shall be hanged by the king de facto ; and if he be faithful to the king de facto, he shall die by the king de jure, when he recovers possession. .Against this it was that the statute of 11 Henry VII. was provided, in the difference betwixt the two houses of York .and Lancaster. My case is either the same with that, and then I desire the benefit of that statute ; or else it is new, and then I desire, as is provided 25 Edward III., that it be .referred to the Parliament." And lastly (one of these points respecting the indictment 'he subsequently, as I have said, achieved) : " I have not been permitted to have a copy or sight of the indictment, nor so much as to hear it read in Latin, which is the original record of the court, and ought to be the foundation of their whole proceeding with me. I often de- sired these things of the court. I was put (after two years' close imprisonment) to answer for my life to a long indict- ment, read in English, which, whether it were rightly trans- Jated, how should I know, that might not hear the original irecord in Latin ? Counsel also, learned in the law, were denied me, though pressed for by me again and again before I pleaded. And had they been granted, what could they have said as to defects of law in the indictment, unless they might have had a copy of it beforehand ? My trial for .life was huddled up. The jury, as was told me, must not eat or drink till they had done their work: but why such haste and precipitancy for a man's life, that is more than meat or estate, when you can let civil causes about men's estates depend many years t If an erroneous judgment be passed in such matters, it is reversible ; but if innocent blood be spilled, it cannot be gathered up again." * Upham'a Life. Keeling, who had manifested great passion du- ring the trial, exclaimed, " So you may, sir, in good time, by the grace of God." This lawyer had been very abusive on several occasions, and Vane had rebuked his rudeness. Once, for instance, while the latter was reading a passage from a volume of the statutes, Keeling, wish- ing to look at the book, attempted rather rudely to snatch it from his hands. Vane withheld the volume, remarking, "When I employ you as my counsel, sir, I will find you books." I close the account of this most memorable trial with one portion of the grand appeal which Vane had taken occasion to make on this last day, not to his judges, but to posterity. The first has reference to the old charge of having violated the Covenant. " And in the asserting and adhering unto the right of this highest sovereign, as stated in the Covenant before mentioned, the Lords and Commons jointly before the year 1648, and the Commons alone afterward, to the very times charged in the indictment, did manage the war and late differences within these kingdoms. And whatever defections did happen by apostates, hypocrites, and time-serving worldlings, there was a party among them that continued firm, sincere, and chaste unto that cause to the last, and loved it better than their very lives, of which number I am not ashamed to profess myself to be ; not so much admiring the form and words of the Covenant, as the righteous and holy ends therein express- ed, and the true sense and meaning thereof, which I have reason to know. " This general and public case of the king- dom is so well known by the declarations and actions that have passed on both sides, that I need but name it, since this matter was not done in a corner, but frequently contended for in the high places of the field, and written even with characters of blood. And out of the bowels of these public differences and disputes doth my particular case arise, for which I arn called into question ; but, admitting it come to my lot to stand single in the witness I am to give to this glorious cause, and to be left alone, as in a sort I am, yet, being upheld with the authority be- fore asserted, and keeping myself in union and conjunction therewith, I am not afraid to bear my witness to it in this great presence, nor to seal it with my blood, if called thereunto ; and I am so far satisfied in my conscience and un- derstanding, that it neither is nor can be trea- son, either against the law of nature or the law of the land, either malum per se or malum pro- hibitum ; that, on the contrary, it was the duty I owed to God the universal king, and to his majesty that now is, and to the Church and people of God in these nations, and to the in- nocent blood of all that have been slain in this quarrel. Nothing, it seems, will now serve, unless by the condemnation passed upon my person they be rendered to posterity murderers and rebels, and that upon record in a court of justice in Westminster Hall. And this would inevitably have followed, if I had voluntarily given up this cause without asserting their and my innocency, by which I should have pulled that blood upon my own head, which now I am sure must lie at the door of others, and, in par- ticular, of those that knowingly and precipi- tately shall imbrue their hands in my innocent SIR HENRY VANE. 339 Wood, under whatever form or pretext of jus- tice. " My lords, if I have been free and plain with you in this matter, I beg your pardon ; for it concerns me to be so, and something more than ordinarily urgent, where both my estate and life are in such imminent peril ; nay, more than my life the concerns of thousands of lives are in it, not only of those that are in their graves al- ready, but of all posterity in time to come. Had nothing been in it but the care to preserve my own life, I needed not have stayed in England, but might have taken my opportunity to have withdrawn myself into foreign parts, to provide for my own safety ; nor needed I to have been put upon pleading, as now I am, for an arrest of judgment, but might have watched upon ad- vantages that were visible enough to me in the managing of my trial, if I had consulted only the preservation of my life or estate. " No, my lords, I have otherwise /earned Christ than to fear them that can but kill the body, and have no more that they can do. I have also taken notice, in the little reading that I have had of history, how glorious the very heathens have rendered their names to posterity in the con- tempt they have showed of death (when the laying down of their life has appeared to be their duty), from the love which they have owed to their country." The appropriate answer of the judges was judgment of death." They sentenced him to execution on Tower Hill.* The space between Wednesday and Satur- day was granted to him wherein to prepare for death. He passed it chiefly in exhortations and prayers with his wife and children, who were * It is worth subjoining here the opinions of two of the most eminent of English lawyers on this infamous judg- ment. " When," says Blackstone, " a usurper is in pos- session, the subject is excused and justified in obeying and giving him assistance ; otherwise, under a usurpation, no man could be safe, if the lawful prince had a right to hang him for obedience to the powers in being, as the usurper would certainly do for disobedience. Nay, far- ther, as the mass of the people are imperfect judges of title (of which, in all cases, possession is primd facie evidence), the law compels no man to yield obedience to that prince whose right is, by want of possession, rendered uncertain and disputable, till Providence shall think fit to interpose in his favour, and decide the ambiguous claim ; and, there- fore, till he is entitled to such allegiance by possession, no treason can be committed against him." Mr. Justice Foster takes- the same view of the statute, and maintains that when the throne is full, any person out of possession, but claiming title, be his pretensions what they may, is no king within the statute of treason. " I am aware," he adds, " of the judgment of the court of King's Bench in the case of Sir Henry Vane : that King Charles II., though kept out of the exercise of the kingly office, yet was still a king, both de facto and de jure, and that all acts done to the keeping him out were high treason." The case of Sir Henry Vane, he then remarks, was u very singular case ; and he concludes with these words, which are, in truth, conclusive on the question : " I will therefore say nothing on the merits of the question more than this, that the rule laid down by the court involved in the guilt of treason every man in the king- dom who had acted in a public situation under a govern dictated." It is an historical fact, that Lord-chief-justice Hale, when of high rank at the bar, took the engagement " to be true to the Commonwealth of England without a king or House of Lords." This, as Mr. Justice Foster re- marks, was plainly, in the sense of those who imposed it, an engagement for abolishing kingly government, or at least for supporting the abolition of it ; and with regard to those who took it, it might, upon the principles of Sir Henry Vane's case, have been easily improved into on overt act of treason against King Charles II. allowed to remain with him.* At the hour of midnight previous to the day of his execution, the sheriff's chaplain came to his cell with the warrant for his execution. He related the cir- cumstance to his friends in the morning, and said, " There was no dismalness at all in it. After the receipt of the message I slept four hours so soundly, that the Lord hath made it sufficient for me ; and now I am going to sleep my last, after which I shall need sleep no more." Early that forenoon his wife, children, and friends were all assembled in the prison. Many and most impressive were his entreaties to them all that they should not mourn for him. " I know a day of deliverance for Sion will come. Some may think the manner of it may be as before, with confused noise of the war- rior, and garments rolled in blood ; but I rather think it will be with burning and fuel of fire. The Lord will send a fire that shall burn in the consciences of his enemies, a worm that shall not die, and a fire that shall not go out. Man they may fight against, but this they cannot fight against. And why," said he, speaking before all the company, " should we be frighted with death 1 I bless the Lord I am so far from be- ing affrighted with death, that I find it rather shrink from me than I from it." Then, kissing his children, he said, " The Lord bless you he will be a better Father to you I must now forget that ever I knew you. I can willingly leave this place and outward enjoyments for those I shall meet with hereafter in a better country. I have made it my business to ac- quaint myself with the society of heaven. Be not you troubled, for I am going home to my Father." Subsequently he prayed with them ; and these were passages of his prayer : " I die in the certain faith and foresight that this cause, shall have its resurrection in my death. My blood will be the seed sown, by which this glo- rious cause will spring up, which God will speed- ily raise. Then, laying down this earthly tab- ernacle is no more but throwing down the man- tle, by which a double portion of the Spirit will fall on the rest of God's people. And if by my being offered up, the faith of many be confirm- ed, and others convinced and brought to the knowledge of the truth, how can I desire great- er honour and matter of rejoicing 1 As for that glorious cause, which God hath owned in these nations and will own, in which so many righteous souls have lost their lives, and so many have been engaged by my countenance and encouragement, shall I now give it up, and so declare them all rebels and murderers 1 No, I will never do it ; that precious blood shall never lie at my door. As a testimony and seal to the justness of that quarrel, I leave now my life upon it, as a legacy to all the honest in- * From his exhortations to his children I may take the following : " Live in the spirit and walk in the faith of our father Abraham. Listen to the experiences of your father in this dying hour and season of darkness, who can and doth here give a good report of that heavenly and better country he is now going to the more free and full enjoyment of. In the midst of these his dark circumstances, his enjoyments and refreshings from the presence of the Lord do more abound than ever." " Regard not the reproaches that are fallen on your father. Say or do men what they will, Abraham's faith will find the blessing Abraham found, in whomsoever it is." 340 BRITISH STATESMEN. terest in these three nations. Ten thousand deaths rather than defile my conscience, the chastity and purity of which I value beyond all this world ! I would not for ten thousand lives part with this peace and satisfaction I have in my own heart, both in holding to the purity of my principles and to the righteousness of this good cause, and to the assurance I have that God is now fulfilling all these great and pre- cious promises in order to what he is bringing forth. Although I see it not, yet I die in the faith and assured expectation of it." Again : "Thou hast promised that thou wilt be a mouth to thy people in the hour of trial ; for thou hast required us to forbear the preparatory agitations of our own minds, because it is not we that are to speak, but the Spirit of our heav- enly Father that speaketh in us, in such sea- sons. In what seasons more, Lord, than when thou callest for the testimony of thy servants to be writ in characters of blood 1 Show thy- self in a poor weak worm, by enabling him to stand against all the power of thy enemies. There hath been a battle fought with garments rolled in blood, in which (upon solemn appeals on both sides) thou didst own thy servants, though, through the spirit of hypocrisy and apostacy that hath sprung up among us, these nations have been thought unworthy any longer to en- joy the fruits of that deliverance. THOU HAST THEREFORE ANOTHER DAY OF DECISION YET TO COME ! Such a battle is to begin, and be carri- ed on by the faith of thy people ; yea, is in some sort begun by the faith of thy poor ser- vant, that is now going to seal thy cause with his blood. Oh that this decision of thine may remarkably show itself in thy servant at this time, by his bold testimony while sealing it with his blood ! We know not what interrup- tions may attend thy servant ; but, Lord, let thy power carry him in a holy triumph over all difficulties." He concluded thus : " My hourglass is now turned up, the sand runs out apace, and it is my happiness that death doth not surprise me. It is grace and love thou dost show thy poor servant, that thou hastenest put his time, and lettest him see it runs out with joy and peace. Little do my en- emies know (as eager as they are to have me gone). how soon their breaths may be drawn in But let thy Servant see death shrink under him. "What a glorious sight will this be, in the pres- ence of many witnesses, to have death shrink under him, which he acknowledgeth to be only by the power of the resurrection of Jesus Christ, whom the bands of death could not hold down ! Let that spirit enter into us that will set us again upon our feet, and let us be led into that way that the enemies may not know how to deal with us. Oh, what abjuring- of light, what treachery, what meanness of spirit has appeared in this day ! What is the matter 1 Oh ! death is the matter. Lord, strengthen the faith and heart of thy poor servant to undergo this day's work with joy and gladness, and bear it on the heart and consciences of his friends that have known and seen him, that they also may say, the Lord is in him of a truth. Oh that thy ser- vant could speak any blessing to these three nations ! Let thy remnant be gathered to thee. Prosper and relieve that poor handful that are in prisons and bonds, that they may be raised up and trample death under foot. Let my poor family that is left desolate let my dear wife and children be taken into thy care ; be thou a husband, father, and master to them ; let the spirit of those that love me be drawn out to- wards them. Let a blessing be upon these friends that are here at this time ; strengthen them ; let them find love and grace in thine eyes, and be increased with the increasings of God t Show thyself a loving Father to us all, and do for us abundantly above and beyond all that we can ask or think, for Jesus Christ his sake." Sikes was present at the last scene of all, and has described the triumphal progress (for such it was) from the Tower to the scaffold. " Then one of the sheriff's men came in and told him there was no sled to come, but he was to walk-on foot. "Then Mr. Sheriff coming into the room, was friendly saluted by him, and after a little pause communicated a prohibition that he said he had received, which was, that he must not speak anything against his majesty or the gov- ernment. His answer to this he himself re- lates on the scaffold. He farther told Mr. Sher- iff he was ready; but the sheriff said he was not, nor could be this half hour yet. ' Then, sir, it rests on you, not on me (said Sir Henry), for I have been ready this half hour.' Then the sheriff, at his request, promised him his ser- vants should attend him on the scaffold and be civilly dealt with, neither of which was per- formed ; for (notwithstanding this promise) they were beaten and kept off the scaffold, till he said, ' What ! have I never a servant here 1' " After this, one of the sheriff's men came and told him there must be a sled ; to which Sir Henry replied, ' Any way, how they please, for I long to be at home, to be dissolved and to be with Christ, which is best of all.' He went very cheerfully and readily down the stairs from his chamber, and seated himself on the sled (friends and servants standing about him) ; then he was forthwith drawn away towards the scaffold. As he went, some in the Tower (prisoners as well as others) spake to him, pray- ing the Lord to go with him. And after he was out of the Tower, from the tops of houses and out of windows, the people used such means and ges- tures as might best discover, at a distance, their re- spects and love to him, crying aloud, 'The Lord go with you ; the great God of heaven and earth appear in you and for you ;' whereof he took what notice he was capable in those cir- cumstances, in a cheerful manner accepting their respect, putting off his hat and bowing to them. Being asked several times how he did by some about him, he answered, ' Never bet- ter in all my life.' Another replied, ' How should he do ill that suffers for so glorious a cause T To which a tall black man said, ' Many suffered for a better cause.' ' And many for a worse,' said Sir Henry; wishing 'that when they came to seal their better cause,' as he call- ed it, ' with their blood, as he was now going to seal his, they might not find themselves de- ceived. And as to this cause,' said he, * it hath given life in death to all the owners of it, and suf- ferers for it.' SIR HENRY VANE. 341 " Being passed within the rails on Towe Hill, there were many loud acclamations of th people, crying out, ' The Lord Jesus go wit your dear soul,' &c. One told him that wa the most glorious seat he ever sat on. He an swered, ' It is so indeed,' and rejoiced exceed ingly. " Being come to the scaffold, he cheerfullj ascends; and being up, after the crowd on th scaffold was broken in two pieces to make waj for him, he showed himself to the people on th front of the scaffold with that noble and Chris tian-like deportment, that he rather seemed a looker-on than the person concerned in the ex ecution, insomuch that it was difficult to per suade many of the people that he was the pris oner. But when they knew that the gentleman in the black suit and cloak, with a scarlet silk waistcoat (the victorious colour) showing itself at the breast, was the prisoner, they generallj admired that noble and great presence he ap peared with. ' How cheerful he is !' said some 4 He does not look like a dying man !' sai( others ; with many like speeches, as astonishec with that strange appearance he shined forth in " Then, silence being commanded by the sheriff, lifting up his hands and his eyes towards Heaven, and afterward resting his hand on the rails, and taking a very serious, composed, and majestic view of the great multitude before and around him, he spake." His address was a vigorous statement of all he had urged on his trial, and all the injustice he had suffered. When he was describing the conduct of the judges, however, in refusing to seal his bill of exceptions, Sir John Robinson, lieutenant of the Tower, who attended the exe- cution for no other purpose than to prevent any dangerous impression being made by the pris- oner, interrupted him, saying, in a most furious manner, which gave great dissatisfaction even to the Loyalists who were present, " Sir, you must not go on thus you must not rail at the judges ; it is a lie, and I am here to testify that it is a lie." Vane replied, " God will judge be- tween you and me in this matter. I speak but matter of fact, and cannot you bear that ? 'Tis evident the judges have refused to sign my bill of exceptions." The trumpeters were then or- dered to approach nearer to the prisoner and blow in his face, to prevent his being heard ; at which Sir Henry, lifting up his hand, and then laying it on his breast, said, " What mean you, gentlemen 1 Is this your usage of me ? Did you use all the rest so 1 I had even done (as to that), could you have been patient ; but, see- ing you cannot bear it, I shall only say this, that, whereas the judges have refused to seal that with their hands that they have done, I am come to seal that with my blood that I have done." He then resumed his address to the people, and proceeded to detail some of the circum- stances of his life. Sikes's * report,' with its interruptions, is too striking to be omitted. He was himself present on the scaffold, and held one of the " note books" referred to : " ' Gentlemen, Fellow-countrymen, and Chris- tians, When Mr. Sheriff came to me this morn- ing, and told me he had received a command from the king that I should say nothing reflect- ing upon his majesty or the government, I an- swered, I should confine and order my speech, as near as I could, so as to be least offen- sive, saving my faithfulness to the trust re- posed in me, which I must ever discharge with a good conscience unto death ; for I ever valued a man according to his faithfulness to the trust re- posed in him, even on his majesty's behalf, in the late controversy. A nd if you dare trust my dis- cretion, Mr. Sheriff, I shall do nothing but what becomes a good Christian and an Englishman ; and so I hope I shall be hereafter civilly dealt with. 44 ' I stand here this day to resign up my spirit into the hands of that God that gave it me. Death is but a little word ; but 'tis a great work to die. It is to be but once done ; and after this cometh the judgment, even the judgment of the great God, which it concerns us all to prepare for. And by this act I do receive a discharge, once for all, out of prison, even the prison of the mortal body. In all respects wherein I have been concerned and engaged as to the public, my design hath been to accomplish good things for these nations.' Then, lifting up his eyes and spreading his hands, he said, 4 1 do here ap- peal to the great God of heaven and all this as- sembly, or any other persons, to show wherein I have defiled my hands with any man's blood or estate, or that I have sought myself in any public capacity or place I have been in." 41 ' The cause was three times stated : 44 4 1. In the Remonstrance of the House of Commons. ;< ' II. In the Covenant, the Solemn League and Covenant ' ;< Upon this the trumpets again sounded, the sheriff catched at the paper in his hand, and Sir John Robinson, who at first had acknowl- edged that he had nothing to do there, wishing the sheriff to see to it, yet found himself some- thing to do now, furiously calling for the wri- ter's books, and saying, ' He treats of rebellion, and you write it.' Hereupon six note-books were delivered up. "The prisoner was very patient and com- josed under all these injuries and soundings of .he trumpets several times in his face, only saying, ' 'Twas hard he might not be suffered to speak ; but,' says he, ' my usage from man is no harder than was my Lord and Master's ; and all that will live his life this day must ex- >ect hard dealing from the worldly spirit.' The rumpets sounded again to hinder his being heard. Then again Robinson and two or three others endeavoured to snatch the paper out of ir Henry's hand, but he kept it for a while, now and then reading part of it ; afterward, earing it in pieces, he delivered it to a friend ehind him, who was presently forced to deliver t to the sheriff. Then they put their hands into 'is pockets for papers, as was pretended, which red great confusion and dissatisfaction to the pectators, seeing a prisoner so strangely han- led in his dying words. This was exceeding- y remarkable, that in the midst of all this dis- rder, the prisoner himself was observed to be f the most constant composed spirit and coun- nance, which he throughout so excellently manifested, that a Royalist swore ' he died like prince.' " What the feelings of the people may have een at this instant, an eloquent writer has at- 343 BRITISH STATESMEN. tempted to describe. " As might have been expected, and as the government had most seriously apprehended, a great impression had by this time been made by the prisoner upon the vast multitude that surrounded him. The people remembered his career of inflexible vir- tue and patriotism. They had been roused to indignation by the treatment he had received at the hands of Cromwell and of the restored monarch. His trial had revived the memory of his services and sufferings. The fame of his glorious defence had rung far and wide through the city and nation. The enthusiasm with which he had been welcomed by weeping and admiring thousands as he passed from prison to Tower Hill ; the sight of that noble countenance ; the serene, and calm, and almost divine composure of his deportment ; his visi- ble triumph over the fear of death and the mal- ice of his enemies all these influences, brought at once to bear upon their minds, and concen- trated and heightened by the powers of an elo- quence that was the wonder of his contempora- ries, had produced an effect which, it was evi- dent, could not, with safety to the government, be permitted to be wrought any higher." Vane, meanwhile, had turned aside, and sim- ply observing, " It is a bad cause which cannot bear the words of a dying man," knelt upon the scaffold, and for a few minutes busied himself in prayer. Sikes resumes his description : " Before the stroke, he spake to this effect : ' I bless the Lord, who hath accounted me wor- thy to suffer for his name. Blessed be the Lord that I have kept a conscience void of of- fence to this day. 1 bless the Lord I have not deserted the righteous cause for which I suffer.' But his very last words of all at the block were as follows : ' Father, glorify thy servant in the sight of men, that he may glorify thee in the discharge of his duty to thee and to his coun- try.' " In an instant, as Vane stretched out his arms, the executioner, at a single blow, discharged his dreadful office ; and one of the greatest and purest of men that ever walked the earth, to adorn and elevate his kind, had left the world, which was not worthy of him. Sikes has a remark on the result of this infa- mous murder, which is as striking as it is true : " Cromwell's victories are swallowed up of death : Vane has swallowed up death itself into victory. Hevlet fall his mantle, left his body behind him, that he had worn nine-and-forty years, and is gone to keep his everlasting jubi- lee in God's rest. It is all day with him now no night or sorrow more no prisons or death. He is gone from a place where so much as the righteousness of man cannot be endured. He is gone to a place where the righteousness of God is the universal garb of all the inhabitants. He is gone to that better city, the New Jerusa- lem. He had served his generation in his mor- tal body, done his work, and was glad to fall asleep, and go look for his reward somewhere else. You see what this ungrateful world has afforded him for all his kindness reproach, prisons, and death : he had need have other returns somewhere. Great is his reward iu heaven. " Well ! they have done all they can do to this lover of his country and the laws thereof. But I would willingly have their understand- ings disabused in one point. Let them not think they have conquered him. They knew him not. He judged his judges at the bar. He triumphed over his executioners on the scaf- fold, R. and the rest. Such a public execution was more eligible than to have lingered out some small time in a prison, as a condemned person, liable to any arbitrary after-claps, on any future motion or pretence of motion in our troubled sea. He had more ease ; God more glory ; the honest party of the nation and their just cause more advantage ; and, why may I not say, his most intimate friends and dearest relations more comfort, in this way of his de- liverance, once for all !" That "just cause" was indeed once more el- evated by the death of Vane, and his own sub- lime hopes abundantly realized. The govern- ment of Charles II. scarcely ever recovered the shock his genius and his sufferings had given them. Burnet says " that it was generally thought the government had lost more than it gained by his death." Pepys, a thorough-paced Loyalist, witnessed the execution, and says that the people regarded it as a " miracle," and that it was a most impressive spectacle. He re- marks farther, " that the king lost more by that man's death than he will get again for a good while ;" and expresses the opinion that it had given the bishops a blow from which they would never recover. Vane's eldest son, who bore his name, and had been reinstated in his inheritance and hon- ours, was sworn into William's privy council at that revolution of 1688 which banished for- ever from England the detested family of the Stuarts^ APPENDIX TO THE LIFE OF SIR HENRY VANE THE YOUNGER. A. A Heating Question propounded and resolved, upon Occasion of the late public and seasonable Call to Humiliation, in order to Love and Union among the honest Party, and with a Desire to apply Balm to the \Vound before it become in- curable. THE question propounded is, What possibility doth yet remain (all things considered) of reconciling and uniting the dissenting judgments of honest men within the three na- tions, who still pretend to agree in the spirit, justice, and reason of the same good cause, and what is the means to effect this? Answ. If it be taken for granted (as, on the magistrate's part, from the ground inviting the people of England and Wales to a solemn day of fasting and humiliation, may not be despaired of) that all the dissenting parties agree still in the spirit and reason of the same righteous cause, the reso- lution seems very clear in the affirmative ; arguing not only for a possibility, but a great probability hereof; nay, a ne- cessity daily approaching nearer and nearer to compel it, if any or all of the dissenting parties intend or desire to be safe from the danger of the common enemy, who is not out of work, though at present much out of sight and observation. The grounds of this are briefly these : First, the cause hath still the same goodness in it as ever, and is, or ought to be, as much in the hearts of all good people that have ad- hered to it: it is not less to be valued now, than when nei- ther blood nor treasure were thought too dear to carry it on, and hold rt up from sinking ; and hath the same omnipotent God, whose great name is concerned in it, as well as his people's outward safety and welfare ; who knows, also, how to give a revival to it when secondary instruments and vis- ible means fail or prove deceitful. Secondly, The persons concerned and engaged in this cause are still the same as before, with the advantage of being more tried, more inured to danger and hardship, and more endeared to one another, by their various and great experiences, as well of their own hearts as their fellow- brethren. These are the same still in heart and desire after the same thing, which is, that, being freed out of the hands of their enemies, they may serve the Lord without fear, in holiness and righteousness all the days of their life. As they have had this great good finally in their aims (if in the maintenance of a war, when all other means, first es- sayed, proved ineffectual. In the management of this war, it pleased God, the righteous Judge (who was appealed to in the controversy), so to bless the counsel and forces of the persons concerned and engaged in this cause, as in the end to make them absolute and complete conquerors over their common enemy ; and by this means they had added unto the natural right which was in them before (and so declared by their representatives in Parliament assembled), the right of conquest, for the strengthening of their just claim to be governed by national councils, and successive representa- tives of their own election and setting up. This they once thought they had been in possession of, when it was rati- fied, as it were, in the blood of the last king. But of late a great interruption having happened unto them in their for- mer expectations, and, instead thereof, something rising up that seems rather accommodated to the private and selfish in- terest of a particular part (in comparison) than truly ade- quate to the common good and concern of the whole body engaged in this cause : hence it is that this compacted body is now falling asunder into many dissenting parts (a thing not unforeseen nor unhoped for by the common enemy all along as their last relief) ; and if these breaches be not timely healed, and the offences (before they take too deep root) re- moved, they will certainly work more to the advantage of the common enemy than any of their own unwearied endeav- ours and dangerous contrivances in foreign parts put all to- gether. A serious discussion and sober enlarging upon these grounds will quickly give an insight into the state of the question, and naturally tend to a plain and familiar resolu- tion thereof. That which is first to be opened is the nature and good- ness of the cause ; which, had it not carried in it its own evi- dence, would scarce have found so many of the people of God adherers to it within the three nations, contributing either their counsels, their purses, their bodily pains, or their affections and prayers, as a combined strength ; with- out which, the military force alone would have been little available to subdue the common enemy, and restore to this whole body their just natural rights in civil things, and true freedom in matters of conscience. The two last-mentioned particulars, rightly stated, will evidence sufficiently the nature and goodness of this cause. For the first of these, that is to say, the natural right, which the whole party of honest men adhering to this cause are by success of their arms restored unto, fortified in, and may claim as their undeniable privilege, that righteously cannot be taken from them, nor they debarred from bringing into exercise, it lies in this : They are to have and enjoy the freedom (by way of duti- ful compliance and condescension from all the parts and members of this society) to set up meet persons in the place of supreme judicature and authority among them, whereby they may have the use and benefit of the choicest light and wisdom of the nation that they are capable to call forth, for the rule and government under which they will live ; and through the orderly exercise of such measure of wisdom and counsel as the Lord in this way shall please to give unto them, to shape and form all subordinate actings and admin- istrations of rule and government so as shall best answer the public welfare and safety of the whole. This, in substance, is the right and freedom contained in the nature and goodness of the cause wherein the honest party have been engaged ; for in this all the particulars of our civil right and freedom are comprehended, conserved in, and derived from their proper root ; in which, while they grow, they will ever thrive, flourish, and increase ; where- as, on the contrary, if there be never so many fair branchei of liberty planted on the root of a private and selfish inter- est, they will not long prosper, but must, within a little time, wither and degenerate into the nature of that where- into they are planted ; and hence, indeed, sprung the evil of that government which rose in and with the Norman Conquest. The root and bottom upon which it stood was not public interest, but the private lust and will of the conqueror, who by force of arms did at first detain the right and freedom which was and is due to the whole body of the people ; for whose safety and good, government itself is ordained by God, not for the particular benefit of the rulers, as a distinct and private interest of their own ; which yet, for the most part, is not only preferred before the common good, but up- held in opposition thereunto. And as at first the conqueror did, by violence and force, deny this freedom to the people, which was their natural right and privilege, so he and his successors all along lay as bars and impediments to the true national interest and public good, in the very national coun- cils and assemblies themselves, which were constituted m such a manner as most served for the upholding of the pri- vate interest of their families ; and this being challenged by them as their prerogative, was found by the people assem- bled in Parliament most unrighteous, burdensome, and de- structive to their liberty. And when they once perceived that by this engine all their just rights were like to be de- stroyed especially (being backed, as it was, with the power of the militia, which the late king, for that purpose, had assumed into his hands, and would not, upon the people's application to him in Parliament, part with into the hands of that great council, who were best to be intrusted with the nation's safety), this was the ground of the quarrel, upon a civil account between the king and his party, and the whole body of adherents to the cause of the people's true liberty ; whereof this short touch hath been given, and shall suffice for the opening of the first branch of this clause. The second branch which remains briefly to be handled is that which also upon the grounds of natural right is to be laid claim unto, but distinguishes itself from the former as it respects a more heavenly and excellent object wherein, the freedom is to be exercised and enjoyed, that is to say, matters of religion, or that concern the service and worship of God. Unto this freedom the nations of the world have right and title by the purchase of Christ's blood, who, by virtue of his. death and resurrection, is become the sole Lord and Ruler 344 BRITISH STATESMEN. in and over the conscience ; for to this end Christ died, rose, and revived, that he might be Lord both of the dead and of the living, and that every one might give an account of him- self, in all matters of God's worship, unto God and Christ alone, as their own Master, unto whom they stand or fall in judgment, and are not in these things to be oppressed, or brought before the judgment-seats of men. For why shouldst thou set at naught thy brother in matters of his faith and conscience, and herein intrude into the proper office of Christ, since we are all to stand at the judgment-seat of Christ, whether governors or governed, and by his decision only are capable of being declared with certainty to be in the right or in the wrong ? By virtue, then, of this supreme law, sealed and confirmed in the blood of Christ unto all men (whose souls he chal- lenges a propriety in, to bring under his inward rule in the service and worship of God), it is that all magistrates are to fear and forbear intermeddling with giving rule or imposing in those matters. They are to content themselves with what is plain in their commission, as ordained of God to be his minister unto men for good, while they approve themselves the doers of that which is good in the sight of men, and whereof earthly and worldly judicatures are capable to make a clear and perfect judgment : in which case the magistrate is to be for praise and protection to them. In like manner, he is to be a minister of terror and revenge to those that do evil in matters of outward practice, converse, and dealings in the things of this life between man and man, forthe cause whereof the judicatures of men are appointed and set up. But to exceed these limits, as it is not safe nor warrantable for the magistrate (in that he who is higher than the high- est, regards, and will show himself displeased at it), go neither is it good for the people, who hereby are nourished up in a biting, devouring, wrathful spirit one against an- other, and are found transgressors of that royal law which forbids us to do that unto another which we would not have them do unto us, were we in their condition. This freedom, then, is of high concern to be had and en- joyed, as well for the magistrate's sake as for the people's common good ; and it consists, as hath been said, in the magistrate forbearing to put forth the power of rule and co- ercion in things that God hath exempted out of his com- mission : so that all care requisite for the people's obtaining this may be exercised with great ease, if it be taken in its proper season, and that this restraint he laid upon the su- preme power before it be erected, as a fundamental consti- tution, among others, upon which the free consent of the people is given, to have the persons brought into the exer- cise of supreme authority over them and on their behalf; and if, besides, as a farther confirmation hereunto, it be ac- knowledged the voluntary act of the ruling power, when once brought into a capacity of acting legislatively, that herein they are bound up, and judge it their duty so to be (both in reference to God, the institutor of magistracy, and in reference to the whole body by whom they are intrusted), this great blessing will hereby be so well provided for that we shall have no cause to fear, as it may be ordered. By this means a great part of the outward exercise of anti- Christian tyranny and bondage will be plucked up by the Yery roots, which, till some such course be held in it, will be always apt to renew and sprout out afresh, under some new form or refined appearances, as by late years' experi- ence we have been taught : for, since the fall of the bishops and persecuting presbyteries, the same spirit is apt to arise in the next sort of clergy that can get the ear of the magis- trate, and pretend to the keeping and ruling the conscience of the governors, although this spirit and practice hath been all along decried by the faithful adherents to this cause as a most sore oppression and insufferable yoke of bondage, most unrighteously kept up overthe consciences of the peo- ple, and therefore judged by them most needful to be taken out of the way; and in this matter the present governors have been willing very eminently to give their testimony in their public declarations, however in practice there is much of grievance yet found among us, though more, in probabil- ity, from the officiousness of subordinate ministers than any clear purpose or design of the chief in power. Having thus showed what the true freedom is, in both the branches of it, that shines forth in the righteous cause, wherein the good people of these nations have so deeply en- gaged, it will not be improper, in the next place, to consider two particnlars more that give still farther light into the matter in-question, as, first, the qualifications of the persons that have adhered to this cause ; secondly, the capacity wherein they have been found from time to time carrying it on. As to their qualification, they have, in the general, dis- tinguished themselves and been made known by a forward- ness to assist and own the public welfare and good of the nation, for the attaining and preserving the just rights and lilwrties thereof, asserted and witnessed unto in the true stating of this cause, according to the two branches thereof already spoken to. They have showed themselves, upon all occasions, desirers and lovers of true freedom, either in civils or in spirituals, or in both. To express their value thereof, and faithfulness to the same, they have largely contributed, in one kind or other, what was proper to each in his place to do ; which actions of theirs, proceeding from hearts sin- cerely affected to the cause, created in them a right to be of an incorporation and society by themselves, under the name of the good party, having been from the beginning unto this day publicly and commonly so acknowledged, by way of dis- tinction from all neuters, close and open enemies, and de- ceitful friends or apostates. These, in order to the main- taining of this cause, have stood by the army, in defence and support thereof, against all opposition whatever, as those that, by the growing light of these times, have been taught and led forth in their experiences to look above and beyond the letter, form, and outward circumstances of government, into the inward reason and spirit thereof, herein only to fix and terminate, to the leaving behind all empty shadows that would obtrude themselves in the place of true freedom. Secondly, as to the capacity wherein these persons, thus qualified, have acted, it hath been very variable, and subject to great changes : sometimes in one form, and sometimes in another, and very seldom, if ever at all, so exactly and in all points consonant to the rule of former laws and consti- tutions of government as to be clearly and fully justified by them any longer than the law of success and conquest did uphold them who had the inward warrant of justice and righteousness to encourage them in such their actings. The utmost and last reserve, therefore, which they have had, in case all other failed, hath been their military ca- pacity, not only strictly taken for the standing army, but in the largest sense, wherein the whole party may (with the army, and under that military constitution and conduct which, by the providence of God, they shall then be found in) associate themselves in the best order they can for the common defence and safety of the whole ; as not ignorant that when once imbodied in this their military posture, in such manner as by common consent shall be found requisite for the safety of the body, they are most irresistible, abso- lute, and comprehensive in their power, having that wherein the substance of all government is contained, and under the protection whereof, and safety that may be maintained there- by, they can contrive and determine in what manner this 1 irresistible, absolute, and boundless power, unto which they are now arrived in this their military capacity, shall have just and due limits set unto it, and be drawn out in a meet and orderly way of exercise for the commonweal and safety of the whole body, under the rule and oversight of a supreme judicature, unto the wisdom of whose laws and orders the sword is to become most entirely subject and subservient ; and this without the least cause of jealousy or unsafely, either to the standing army, or any member thereof, or unto the good people adhering to this cause, or any of them, since the interest of both, by this mutual action of either, will be so combined together in one (even in that wherein before they were distinct), that all just cause of difference, fear, animosity, emulation, jealousy, or the like, will be wholly- abolished and removed. For when once the whole body of the good people find that the military interest and capacity is their own, and that into which necessity at the last may bring the whole party (whereof, of right, a place is to be reserved for them), and that herein they are so far from being in subjection or sla- very, that in this posture they are most properly sovereign, and possess their right of natural sovereignty, they will presently see a necessity of continuing ever one with their army, raised and maintained by them for the promoting this cause against the common enemy, who in his next attempt will put for all with greater desperateness and rage than ever. Again, when once the standing army and their governors shall also find that, by setting and keeping up themselves in a divided interest from the rest of the body of honest men, they withhold from themselves those contributions in all voluntary and cheerful assistances, by the affections and prayers, by the persons and purses of the good party, to the weakening themselves thereby, as to any vigorous support from them, in the times of most imminent danger (whereof the late king had an experience, that will not suddenly be out of memory, when he undertook the war, in the beginning of these troubles, against the Scots, and was, in a manner, therein deserted by all the good party in England), they will then find (if they stay not till it be too late) that, by espousing the interest of the people, in submitting them- selves with their fellow-adherents to the cause, under the rule, and authority of their own supreme judicature, they lose not their power or sovereignty, but, becoming one civil or politic incorporation with the whole party of honest men, they do therein keep the sovereignty, as originally seated in themselves, and part with it only but ns by deputation and representation of themselves, when it is brought into an or- derly way of exercise, by being put into the hands of per- sons chosen and intrusted by themselves to that purpose. By this mutual and happy transition, which may be made between the party of honest men in the three nations virtu- SIR HENRY VANE. 345 ally in arms, and those actually so now in power at the head of the army, how suddenly would the union of the whole body be consolidated, and made so firm as it will not need to tear all the designs and attempts of the common enemy, especially if herein (hey unite themselves in the first place to the Lord, as willing to follow his providence, and observe his will in the way and manner of bringing this to pass ! in which case we shall not need to fear what all the gates of hell are able to do in opposition thereunto. It is not, then, the standing and being of the present array and military forces in the three nations that is liable to ex- ception of offence from any dissenting judgments at this time among the honest, well-affected party. In and with them, under God, stand the welfare and outward safety of the whole body ; and to be enemies to them, or wish them hurt, were to do it to themselves ; and, by trying such con- clusions, to play the game of the common enemy, to the utter ruin and destruction, not only of the true freedom aimed at and contended for in the late wars, but of the very persons themselves that have been in any sort active or em- inent promoters thereof. The army, considered as it is in the hands of an honest and wise general, and sober, faithful officers, imbodied with the rest of the party of honest men, and espousing still the same cause, and acting in their primitive simplicity, humil- ity, and trust, in reference to the welfare and safety of the whole body, is the only justifiable and most advantageous posture and capacity that the good party at present can find themselves in, in order to the obtaining that true freedom they have fought for, and possessing of it in the establish- ment thereof upon the true basis and foundation, as hath been showed, of right government. That wherein the offence lies, and which causes such great thoughts of heart among the honest party (if it may be freely expressed, as sure it may, when the magistrate himself professes he doth but desire and wait for conviction therein), is, in short, this : That when the right and privilege is returned, nay, is restored by conquest unto the whole body (that forfeited not their interest therein), of freely disposing themselves in such a constitution of righteous government as may best answer the ends held forth in this cause ; that, nevertheless, either through delay they should be withheld as they are, or through design they should come at last to be utterly denied the exercise of this their right, upon pretence that they are not in capacity as yet to use it, which, indeed, hath some truth in it, if those that are now in power, and have the command of the arms, do not prepare all things requisite thereunto, as they may, and, like faithful guardians to the Commonwealth, admitted to be in its nonage, they ought. But if the bringing of true freedom into exercise among men, yea, so refined a party of men, be impossible, why hath this been concealed all this while * and why was it not thought on before so much blood was spilt, and treasure spent ! Surely such a thing as this was judged real and practicable, not imaginary and notional. Besides, why may it not suffice to have been thus long delayed and withheld from the whole body, at least as to its being brought by them into exercise now at last? Surely the longer it is withheld, the stronger jealousies do increase, that it is intended to be assumed and engrossed by a part only, to the leaving the rest of the body (who, in all reason and justice, ought to be equally participants with the other in the right and benefit of the conquest, for as much as the war was managed at the expense and for the safety of the whole) in a condition almost as much exposed, and subject to be imposed upon, as if they had been enemies and con- quered, not in any sense conquerors. If ever such an unrighteous, unkind, and deceitful deal- ing with brethren should happen, although it might continue above the reach of question from human judicature, yet can we think it possible it should escape and go unpunished by the immediate hand of the righteous Judge of the whole world, when he ariseth out of his place to do right to the oppressed ? Nay, if, instead of favouring and promoting the people's common good and welfare, self-interest and private gain should evidently appear to be the things we have aimed at all along; if those very tyrannical principles and anti- j Christian relics, which God by us hath punished in our pre- decessors, should again revive, spring up afresh, and show themselves lodged also and retained in our bosoms, render- ing us of the number of those that have forgot they were purged from their old sins, and declaring us to be such as, to please a covetous mind, do withhold from destruction that which God hath designed to the curse of his vengeance : if all those great advantages of serving the Lord's will and design in procuring and advancing his people's true welfare and outward safety, which (as the fruit of his blessing upon our armies) have so miraculously fallen into our hands, shall at last be wrested and misimproved to the enriching and greatening of ourselves if these things should ever be found among us (which the Lord in mercy forbid!), shall we need to look any farther for the accursed thing ? will not our con- Xx sciences show us, from the light of the Word and Spirit of God, how near a confonnity these actions would hold there- with ? which sin (Josh., vii.) became a curse to the camp, and withheld the Lord from being any more among them, or going out with their forces. And did the action of Achan import any more than these two things : First, he saved and kept from destruction the goodly Babylonish garment, which was devoted by God thereunto ; secondly, he brought not in the fruit and gain of the conquest into the Lord's treasury, but covetously went about to convert it to his own proper use ? To do this is to take of the accursed thing, which (Josh., vii.) all Israel was said to do in the sin of Achan, and to have stolen and dissembled likewise, and put it among their own stuff. This caused the anger of the Lord to kin- dle against Israel, and made them unable to stand before their enemies, but their hearts melted as water. And thus far the Lord is concerned, if such an evil as this shall lie hid in the midst of us. But to return to what we were upon before. The matter which is in question among the dissenting parts of the whole body of honest men is not so trivial and of such small consequence as some would make it. 'Tis, in effect, the main and whole of the cause ; without which all the freedom which the people have or can have is in com- parison but shadow and in name only, and therefore can never give that peace and satisfaction to the body which is requisite unto a durable and solid settlement. This is that which makes all sound and safe at the root, and gives the right balance necessary to be held up between sovereignty and subjection in the exercise of all righteous government ; applying the use of the sword to the promoting and uphold- ing the public safety and welfare of the whole body, in pref- erence, and, if need be, in opposition unto any of the parts ; while yet, by its equal and impartial administration in ref- erence unto each, it doth withal maintain the whole body in a most delightful harmony, welfare, and correspondency. The sword never can, nor is it to be expected ever will do this, while the sovereignty is admitted and placed any- where else than in the whole body of the people that have adhered to the cause, and by them be derived unto their successive representatives, as the most equal and impartial judicature for the effecting hereof. Where there is, then, a righteous and good constitution of government, there is, first, an orderly union of many un- derstandings together, as the public and common supreme judicature or visible sovereignty, set in a way of free and orderly exercise, for the directing and applying the use of the ruling power or the sword, to promote the interest and common welfare of the whole, without any disturbance or annoyance from within or from without ; and then, sec- ondly, there is a like union and readiness of will in all the individuals, in their private capacities, to execute and obey (by all the power requisite, and that they are able to put forth) those sovereign laws and orders issued out by their own deputies and trustees. A supreme judicature, thus made the representative of the whole, is that which, we say, will most naturally care, and most equally provide for the common good and safety. Though by this it is not denied but that the supreme power, when by free consent 'tis placed in a single person or in some few persons, may be capable also to administer righteous government ; at least, the body that gives this liberty, when they need not, are to thank themselves if it prove otherwise. But when this free and natural access unto government is interrupted and declined, so as a liberty is taken by any par- ticular member, or number of them, that are to be reputed but a part in comparison of the whole, to assume and en- gross the office of sovereign rule and power, and to impose themselves as the competent public judge of the safety and good of the whole, without their free and due consent, and to lay claim unto this, as those that find themselves pos- sessed of the sword (and that so advantageously as it can- not be recovered again out of their hands without more ap- parent danger and damage to the whole body than such at- tempts are worth), this is that anarchy that is the first rise and step to tyranny, and lays grounds of manifest confusion and disorder, exposing the ruling power to the next hand that on the next opportunity can lay hold on the sword, and so, by a kind of necessity, introduces the highest imposition and bondage upon the whole body, in compelling all the parts, though never so much against the true public interest, to serve and obey, as their sovereign rule and supreme au- thority, the arbitrary will and judgment of those that bringf themselves into rule by the power of the sword, in the right only of a part that sets up itself in preference before, or at least in competition with, the welfare of the whole. And if this, which is so essential to the wellbeing and right constitution of government, were once obtained, the disputes about the form would not prove so difficult, nor find such opposition, as to keeping the bone of contention and disunion, with much danger to the whole ; for if, as the found- ation of all, the sovereignty be acknowledged to reside ori- ginally in the whole body of adherents to this cause (whose natural and inherent right thereunto is of a far ancienter 3i6 BRITISH STATESMEN. date than what is obtained by success of their arms, and so cannot be abrogated even by conquest itself, if that were the case), aud then if, in consequence hereof, a supreme ju- dicature be set up and orderly constituted, as naturally arising and resulting from the free choice and consent of the whole body taken out from among themselves, as flesh of their flosh and bone of their bone, of the same public spirit and nature with themselves, and the main be by this means secured, what could be propounded afterward as to the form of administration that would much stick? Would a standing council of state, settled for life, in ref- erence to the safety of the Commonwealth, and for the main- taining intercourse and commerce with foreign states, under the inspection and oversight of the supreme judicature, but of the same fundamental constitution with themselves would this be disliked? admitting their orders were binding, in the intervals of supreme national assemblies, so far only as consonant to the settled laws of the Commonwealth, the vacancy of any of which, by death or otherwise, might be supplied by the vote of the major part of themselves : nay, would there be any just exception to be taken if (besides both these) it should be agreed (as another part of the fun- damental constitution of the government) to place that branch of sovereignty which chiefly respects the execution of laws in a distinct office from that of the legislative power (and yet subordinate to them and to the laws), capable to be in- trusted into the hands of one single person, if need require, or in a greater number, as the legislative power should think fit : and, for the greater strength and honour unto this office, that the execution of all laws and orders (that are binding) may go forth in his or their name, and all disobedience there- unto, or contempt thereof, be taken as done to the people's sovereignty, whereof he or they bear the image or represent- ation, subordinate to the legislative power, and at their will to be kept up and continued in the hands of a single person or more, as the experience of the future good or evil of it shall require ? Would such an office as this, thus stated, carry in it any inconsistency with a free state ? Nay, if it be well consid- ered, would it not rather be found of excellent use to the wellbe ing of magistracy, founded upon this righteous bot- tom, that such a lieutenancy of the people's sovereignty in these three nations may always reside in some one or more person, in whose administration that which is reward aud punishment may shine forth ? And if now it shall be objected that (notwithstanding all these cautions), should onoe this sovereignty be acknowl- edged to be in the diffused body of the people (though the adherents to this cause, not only as their natural, but as their acquired right by conquest), they would suddenly put the use and exercise of the legislative power into such hands as would, through their ill qualifiedness to the work, spoil all by mill-administration thereof, and hereby lose the cause instead of upholding and maintaining it, The answer unto this is, first, that God, by his providence, hath eased our minds much in this solicitude by the course he hath already taken to fit and prepare a choice and se- lected number of the people unto this work, that are tried and refined by their inward and outward experiences in this great quarrel, and the many changes they have passed through ; in respect whereof well qualified persons are to be found, if due care be but taken in the choice of them. And if herein this people of the Lord shall be waiting upon him for his guidance and presence with them, we may have grounds and hope that God (whose name hath all along been called upon in the maintaining of this cause) will pour out so abundantly of his spirit upon his people attending on him in righteous ways, and will also so move their hearts to choose persons bearing his image into the magistracy, that a more glorious product may spring up out of this than at first we can expect, to the setting up of the Lord himself as chief judge and lawgiver among us. And unto this the wis- dom and honesty of the persons now in power may have an opportunity eminently to come into discovery ; for in this case, and upon the grounds already laid, the very persons now in power are they unto whose lot it would fall to set about this preparatory work, and by their orders and direc- tions to dispose the whole body, and bring them into the jneetest capacity to effect the same, the most natural way for which would seem to be by a general council, or con- vention of faithful, honest, and discerning men, chosen for that purpose by the free consent of the whole body of ad- herents to this cause in the several parts of the nations, and observing the time and place of meeting appointed to them (with other circumstances concerning their election) by or- der from the present ruling power, but considered as gen- eral of the army : Which convention is not properly to exercise the legisla- tive power, but only to debate freely, and agree upon the particulars that by way of fundamental constitutions shall be laiu and inviolably observed as the conditions upon which the whole body so represented doth consent to cast itself into a civil and politic incorporation, and under the visible '"rin and administration of government therein declared, and to be by each individual member of the body subscribed in testimony of his or their particular consent given thereunto : which conditions so agreed (and among them an Act of Ob- livion for one) will be without danger of being broken or departed from, considering of what it is they are the condi- tions, and the nature of the convention wherein they are made, which is of the people represented in their highest state of sovereignty, as they have the sword in their hands unsubjected unto the rules of civil government, but what themselves orderly assembled for that purpose do think fit to make. And the sword, upon these conditions, subjecting itself to the supreme judicature thus to be set up, how sud- denly might harmony, righteousness, love, peace, and safety unto the whole body follow hereupon, as the happy fruit of such a settlement, if the Lord have any delight to be among And this once put in a way, and declared for by the gen- eral and army (as that which they are clearly convinced, in the sight of God, is their duty to bring about, and which they engage accordingly to see done) how firmly and freely would this oblige the hearts and persons, the counsels and purses, the affections and prayers, with all that is in the power of this whole party to do, in way of assistance and strengthening the hands of those now in power, whatever straits and difficulties they may meet with in the mainte- nance of the public safety and peace ! This, then, being the state of our present affairs and dif- ferences, let it be acknowledged on all hands, and let all be convinced that are concerned, that there is not only a pos- sibility, but a probability, yea, a compelling necessity, of a firm union in this great body, the setting of which in joint and tune again, by a spirit of meekness and fear of the Lord, is the work of the present day, aud will prove the only rem- edy under God to uphold and carry on this blessed Cause and work of the Lord in the three nations, that is already come thus far onward in its progress to its desired and expected end of bringing in Christ, the desire of all nations, as the chief Ruler among us. Now unto this reuniting work let there be a readiness in all the dissenting parts from the highest to the lowest, by cheerfully coming forth to one another in a spirit of self-de- nial and love instead of war and wrath, and to cast down themselves before the Lord, who is the father of all their spirits, in self-abasement and humiliation, for the mutual offence they have been in, for some time past, one unto an- other, and great provocation unto God, and reproach unto his most glorious name, who expected to have been served by them with reverence and godly fear ; for our God is a consuming fire. And, as an inducement unto this, let us assure ourselves the means of effecting it will not prove so difficult as other things that have been brought about in the late war, if the minds and spirits of all concerned were once well and duly prepared hereunto by a kindly work of self-denial and self- abasement, set home by the spirit of the Lord upon their consciences, which, if he please, he may do we know not how soon : nay, we shall behold with a discerning eye the inside of that work which God hath been doing among us the three years last past : it would seem chiefly to have been his aim to bring his people into such a frame as this ; for in this tract of time there hath been (as we may say) a great silence in heaven, as if God were pleased to stand still and be as a looker on, to see what his people would be in their latter end, and what work they would make of it, if left to their own wisdom and politic contrivances. And as God hath had the silent part, so men, and that good men too, have had the active and busy part, and have, like them- selves, made a great sound and noise, like the shout of a king in a mighty host ; which, while it hath been a sound only and no more, hath not done much hurt as yet ; but the fear and jealousy thereby caused hath put the whole body out of frame, and made them apt to fall into great confusions and disorder. And if there be thus arisen a general dissent and disa- greement of parts (which is not, nor ought to be, accounted the less considerable because it lies hid and kept in under a patient silence), why should there not be as general a cm.- fession and acknowledgment of what each may find them- selves overtaken in, and cannot but judge themselves faulty for? this kind of vent being much better than to have it break out in flames of a forward and untimely wrathful spirit, which never works the righteousness of God, espe- cially since what hath been done among us may probably have been more the effect of temptation than the product of any malicious design ; and this sort of temptation is very common and incident to men in power (how good soever they may be) to be overtaken in, and thereupon do sudden unadvised actions, which the Lord pardons and overrules for the best, evidently making appear that it is the work of the weak and fleshly part, which his own people carry about with them too much unsubdued ; and therefore the Lord thinks fit, by this means, to show them the need of beinjf beholden to their spiritual part to restore them again. ;ind bring them into their right temper aud healthful constitution,. SIR HENRY VANE. 347 And thus, while each dissenting part is aggravating upon it self-faultmess and blame, and none excusing, but all con- fessing they deserve, in one sort or other, reproof, if not be- fore men, yet in God's sight, who knows how soon it may please God to come into this broken, contrite, and self-de- nying frame of spirit in the good people within the three na- tions, and own them, thus truly humbled and abased, for his temple and the place of his habitation and rest, wherein he shall abide forever? of whom it may be said, God is in the midst of her, she shall not be moved ; God shall help her, and that right early, or with his morning appearance ; at which time he will sit silent no longer, but Heaven will speak again, and become active and powerful in the spirits and hearts of honest men, and in the works of his provi- dences, when either they go out to fight by sea or by land, or remain in council and debates at home for the public weal, and again hear the prayers of his people, and visibly own them as a flock of holy men, as Jerusalem in her solemn feasts : " I will yet for this be inquired of by the house of Israel, saith the Lord, to do it for them : and then they shall know that 1 the Lord their God am with them, and that they are my people, and that ye my flock, the flock of my pasture, are men that have showed yourselves weak, sinful men, and I am your God, that have declared myself an all-wise and powerful God, saith the Lord God." POSTSCRIPT. READER, Upon the perusal of this discourse, thou wilt quickly perceive that these two things are principally aimed at in it by the author : First, to answer in some measure that which is called for by those in power, when they pub- licly profess they desire nothing more than conviction, and to find out the hidden provocations which either have or yet may bring forth the Lord against these nations, in the way which at present they are in. Secondly, to remove out of the minds and spirits of the honest party, that still agree in the reason and justice of the good old cause, all things of a private nature and selfish con- cern (the tendency whereof serves but to foment and strengthen wrath and divisions among them), and in place thereof to set before them that common and public interest, which, if with sincerity embraced, may be the means of not only procuring a firm union among them, but also of con- serving them herein. In order to this, the author hath not been willing so much to declare his own opinion, or deliver any positive conclu- sions, as to discuss the business by way of question and answer, and thereby make as near a conjecture as he can of that wherein the several dissenting parts may with better satisfaction meet together, and agree upon a safe and righ- teous bottom., than to remain at the distance they do, to the apparent advantage of the common enemy, the approaching ruin of themselves, and needless hazard, if not loss, of the cause they have been so deeply engaged in ; especially con- sidering that, when once they shall be found beginning to come forth to one another in such a condescending, self- denying spirit, cleansed from the stain of hypocrisy and de- ceit, they may be well assured that light will spring up among them more and more unto a perfect day ; and then those things which at present we have next in view, will prove as shadows ready to flee away before the morning brightness of Christ's heavenly appearance and second com- ing, through which they will be heightened and improved to their full maturity, to the bringing in that kingdom of his that shall never be moved. And because an essay hath been already made in a private way to obtain the first thing, that is to say, conviction, which chiefly is in the hand of the Lord to give, the same obliga- tion lies upon the author, with respect to the second, for the exposing of it as now it is unto public view, and therein leaving it also with tha Lord for his blessing thereunto. B. The People's Case stated. He in whom is the right of sovereign, and to give law, is either so of himself, or in the right of another, that may de- rive the same unto him ; which shows that there are two sorts of sovereigns. A sovereign in the first sense none is nor can be but God, who is of himself most absolute ; and he that is first of all others in the second sense is the man Christ Jesus, to whom the power of sovereign, in the right of the Father, is com- mitted, over all the works of God's hands. Christ exercised the same in the capacity of David's root from before the be vorld. H personal union with the Word, David saw and acknowledg- ed, Psal. ex.., I. Thus Christ may be called God's lieuten- ant sovereign, or general vicegerent of his supremacy over all in heaven and in earth. He therefore is the true univer- sal king and root of all sovereign and just governing power, whether in heaven or on earth. His sovereignty is unquestionable and unaccountable, be- cause of the perfection of his person, carrying in it an apti- tude and sufficiency to govern, without possibility of error or defect of any kind. Sovereign and governing power doth, necessarily relate to subjects that are to be the ruled, and subjects capable of such government ; therefore, when God limself purposes within himself to be supreme legislator and governor, he doth withal purpose the being and creation of rath worlds, as the subject matter of his kingdom. He pro- pounds to govern his subjects by and with their own consent md good liking ; or without and against it, in the way of lis revenging justice ; governing by laws, clearly stating and ascertaining the duty or the offence, as also the rewards and penalties. Herein just government consists, or the justice of govern- ment ; for he that rules over others must be just, and, in- deed, should be seen to be so in all his commands ; so seen, as to render the consciences of the ruled, and those whose duty it is to obey, inexcusable before God and before men. if they dissent or resist. Inexcusable they are before God, because the matter com- manded is the matter of God's law, and therefore just to be obeyed. They are also inexcusable before men, that which is required of them being generally acknowledged and af- firmed (by those in whom the common consent of the sub- jects is intrusted to that end) to be just and reasonable, and therefore to be obeyed ; for the end of all government, being for the good and welfare, and not for the destruction of th ruled, God, who is the institutor of government, as he is pleased to ordain the office of governors, intrusting them with power to command the just and reasonable things which his own law commands, that carry their own evidence to common reason and sense, at least, that do not evidently contradict it, so he grants a liberty to the subjects, or those that by him are put under the rule, to refuse all such com- mands as are contrary to his law, or to the judgment of com- mon reason and sense, whose trial he allows, by way of as- sent or dissent, before the commands of the ruler shall ba binding or put in execution ; and this in a co-ordinacy of power with just government, and as the due balance there- of. The original impressions of just laws are in man's na- ture and very constitution of being. Man hath the law in his mind (or the superior and intellectual pan of him), con- vincing and bringing that into obedience and subjection to the law -of God, in Christ himself. He hath also that which is a law in his members that are on the earth (or his earthly and sensual part), whose power is co-ordinate with the oth- er, but such, that if it be not gained into a harmony and conjunction with its head, the spirit or mind of man, hath ability to let and hinder his mind or ruling part from per- forming and putting in execution that which is good, just, fit, and to be acknowledged as the righteous dictates of the mind, which ought to be the ruling power, or law to the man : so, in the outward government over man, the second- ary or co-ordinate power, concurring with that which is the chief ruling power, is essential to just government, and is acknowledged to be so by the fundamental constitution of the government of England, as well as in the legal being and constitution of Parliaments, whether that which hath been usual and ordinary, according to the common law, or that which of late hath been extraordinary, by express stat- ute, for the continuance of the Parliament (17 Cor.), until dissolved by act of Parliament : For, together with the legal being which is given to regal power and the prerogative of the crown, there is the legal power and being reserved also unto that body, which is the people's or kingdom's representative, who are the hands wherein that which is called power politic is seated, and are intrusted with giving or withholding the common consent of the whole nation, according to the best of their understand- ings, in all matters coming before them, and are to keep this liberty inviolate and entire, against all invasions or encroach- ments upon it whatsoever. This second power, in the very writ of summons for call- ing a Parliament, is declared to be of that nature, that what the first doth without obtaining the consent and approbation of the second, in Parliament, is not binding, but ineffectual, and when the representative body of the kingdom (in and with whom this power is intrusted, as the due and legal bal- ance and boundary to the regal power, set and fixed by tlio fundamental constitution) is made a standing court, and of that continuance as not to be dissolvable but by its own con- sent ; during such its continuance, it hath right to preserve itself from all violent and undue dissolution, and to maintain and defend its own just privileges, a chief of which is to bind or loose the people, in all matters good or hurtful to them, according to their best judgment and discretion. In the exercise of this their trust, they are indemnified by law, and no hurt ought to come unto them ; that governiiyg power, which is originally in God, and flows at first from him, as the sole and proper fountain thereof, is brought into exercise among men, upon a differing and distinct account. First, As it is a trust and right derived conditionally from God to his officers and ministers (which therefore may be 348 BRITISH STATESMEN. lost), who, being called by him, and in the course of his providence, to the exercise of it, are to hold it of him the universal King, and to own themselves, in the exercise thereof, as his vicegerents, to cut off by the sword of justice evil-doers, and to be a protection and encouragement to them that do well. But, because it is part of God's call of any person to this high trust to bring him into the possession and free exercise thereof by the common consent of the body of the people, where such sovereign power is set up, unless they have forfeited this liberty ; therefore, Secondly, God doth allow mid confer, by the very law of nature, upon the community or body of the people that are related to and concerned in the right of government placed over them, the liberty, by their common vote or suffrage duly given, to be assenters or dissenters thereunto, and to affirm and make stable, or disallow and render ineffectual, what shall apparently be found by them to be for the good or hurt of that society, whose welfare, next under the justice of God's commands and his glory, is the supreme law and very end of all subordinate governing power. Sovereign power, then, comes from God as its proper root, but the restraint or enlargement of it, in its execution over such or such a body, is founded in the common consent of that body. The office of chief ruler, or head over any state, common- wealth, or kingdom, hath the right of due obedience from the people inseparably annexed to it. It is an office, not only of divine institution, but for the safety and protection of the whole body or community, and therefore justly and neces- sarily draws to it, and engages their subjection. This office of the sovereign, according to the laws and fun- damental constitution of the government of England, is min- istered by the king in a twofold capacity as his will and personal command is in conjunction and agreement with his people in Parliament during the session thereof, or as it is in conjunction and agreement with the law, the Parliament not sitting. But his will and personal command single, in disjunction and disagreement from the Parliament or the laws, hath not the force of a law, saith Fortescue, and gives the reason of it, because this is a limited monarchy, where the king's power (as to the exercise of it) is only a power politic. The obedience, then, which from the subject is due to the king, and which they are sworn to perform by the oath of allegiance, is to him, in the ministry of the royal office, ac- cording to the reason and intent of the fundamental compact and Constitution, and according to his own oath, which is to govern by law ; that is, to exercise his rule or royal com- manding power in conjunction and agreement with the Par- liament when sitting, and in conjunction and agreement with the laws of the land, they not sitting. To exercise his power otherwise is and hath been always judged a grievance to the people, and a going against that which is the original right and just liberty of the community, who are not to be bound to such personal commands at will and pleasure, nor compelled to yield obedience thereunto. The contrary hereunto was the principle at bottom of the king's cause, which he endeavoured to uphold and maintain, in order to decline and lay aside the legal restraints as afore- said, which the government of England, by the fundamental constitution, is subjected unto, as to the exercise and min- istry of the royal office. From the observation and experience which the people of England had, and made many years together, by their rep- resentatives in Parliament, of a desire in the king to shake off these legal restraints in the exercise of the regal power, and on their having tried the best ways and means that oc- curred to their understandings to prevent the same, and to secure to themselves the enjoyment of their just rights and liberty, they at last" pitched upon the desiring from the king the continuance of the sitting of the Parliament called No- vember 3d, 1640, in such sort as is expressed in that act, 17 Car., wherein it is provided that it shall not be discontinued or dissolved but by act of Parliament. This was judged by them the greatest security imaginable for keeping the ministry of the royal office Within its due bounds, and for quieting the people in the enjoyment of their rights ; but experience hath showed that this yet could not be done without a war, the worst and last of remedies. For although their continuance as the representative body of the kingdom, with the right to exercise the power arid privileges inherent in and inseparable from that supreme court and chief senate (whereof the king is head, both ma- king but one person or politic body in law), yet they them- selves, as well as the king, were bound by the fundamental constitution or compact upon which the government was at first built, containing the condition upon which the king ac- cepted of the royal office, and on which the people granted to him the tribute of their obedience and due allegiance. This condition (as the laws and experience declare) is, that the king shall exercise his office of rule over them according to the laws, as hath been showed, and as he and his people shall from time to time agree in common council in Parlia- ment, for that end assembled. In respect hereof, the laws go made are called the concords or agreements passed be- tween the king and the subject, in the third part of Cook's Institutes. These agreements, then, are the standard unto the king's rule and the people's obedience, signifying the justice of his commands and the dueness of their allegiance. But. the case so happening that tins conjunction and agree- ment, which ought to be found between the personal will of the king and representative will of the kingdom, failing, and these two wills declaring themselves in contrariety and op- position, both of them becoming standing powers, co-ordi- nate and distinct parts of the supremacy, as the two chan- nels wherein the supremacy is placed and appointed to run, as to its exercise by the fundamental constitution, hence sprang the war, each asserting and endeavouring to defend and maintain their own part and right, which ought not to be kept up in disjunction and contrariety, but in unity and agreement each with other. These two parties, with their adherents, in this case, may be, according to the law, con- trarients one towards another, as the law affords an exam- ple in the preamble of Cook's fourth part of his Institutes (not properly traitors), being co-ordinate powers, parts of the supremacy, that are the heads to each party, and, by conse- quence, have a right of making a war, as their last appeal, if they cannot otherwise agree. Being once entered thus into a state of war and actual en- mity, they do, as it were, become two nations, and cease to be under the obligations they were in before ; for during this state of war and enmity, the standing laws (in a sort) cease, and a new way of rule each party forms to himself and his adherents, as may best consist for each of their safeties and preservations. Upon this disjunction of the two wills, in the harmony and agreement whereof the supremacy is placed, these follow- ng queries do naturally arise : First, To which or whether of these by law is the alle- giance required as due is it to be yielded to the personal will of the king single, in disjunction from the will of the representative body of the kingdom, or to the will of the peo- ple, in disjunction from the will of the king ? Or is it to the personal will of the king, in conjunction with the laws, though in opposition and contrariety to the will of the king- dom's representative in Parliament assembled ? Or is it to the will of the kingdom's representative, in conjunction with the laws, though in opposition to the personal will of the king? The Second Querie is, In whose judgment in this case are the people by law to acquiesce as to the declaring with whom the laws are whether the personal judgment of the king single, or the vote of the senate, that is, the kingdom's rep- resentative body t The Third Querie is, With whom will the laws be found to go in this case, so rare, unusual, and never happening before ; and who is the proper and competent judge 1 Also, whether the laws be not perfectly silent, as never suppo- sing such a case possible to happen, by reason that the pow- er used by the one for dissolving the other never before suf- fered the opposition to rise so high? The Fourth Querie is. Whether he, in this case, that keeps his station and place of trust, wherein God and the law did set him, with care to demean himself according to the best of his understanding, agreeably to the law and cus- toms of Parliament, and pursuant to their votes and direc- tions (so long as they sit and affirm themselves to be a Par- liament), and uses his best endeavours in the exercise of that public trust, that no detriment in the general come onto the Commonwealth by the failure of justice, and the neces- sary protection due from government, without any designing or intending the subversion of the Constitution, but only the securing more fully the people's liberties and just rights from all future invasions and oppressions, be not so far from de- serving to be judged criminal in respect of any law of God, or man, that he ought rather to be affirmed one that hath done his duty, even the next best that was left to him, or possible for him to do in such a dark, stormy season, and such difficult circumstances ? As to the right of the cause itself, it ariseth out of the matter of fact that hath happened, and, by the just and wise providence of God, hath been suffered to state itself, in the contest between the personal will and declared pleasure of the king on the one hand, and the public will or vote of the people in Parliament on the other, declaring itself either in orders or ordinances of both Houses, or in the single act of the House of Commons asserting itself a Parliament, upon the grounds of the act 17 Car., providing against its disso- lution. This will appear with the more evidence and certainty by considering wherein either part had a wrong cause, or did or might do that which was not their duty ; taking the measure of their duty from what as well the king as the people's representative are obliged unto, by the fundamen- tal constitution of the government, which binds them in each of their capacities and distinct exercises of their trust SIR HENRY VANE. 349 to intend and pursue the true good and welfare of the whole body or community as their end. This, in effect, is to de- tain the people in obedience and subjection to the law of God, and to guide them in the ways of righteousness unto God's well-pleasing, and to avoid falling out or disagreeing about the way or means leading to that end. Hence that party which in his or their actings was at the greatest distance from, or opposition unto, this end, and wil- fully and unnecessarily disagreed and divided from the other in the ways and means that were most likely to attain this end, they were assuredly in the fault, and had a wrong cause to manage, under whatever name or face of authority it was beaded and upheld. And such a wrong cause was capable of being espoused and managed under the face of authority, as might be pretended unto by either part ; for as the king, insisting upon his prerogative, and the binding force which his personal will and pleasure ought to have, though in dis- tinction from and opposition to his Parliament, might de- part from the end of government, answerable to his trust, and yet urge his right to be obeyed, so the public will of the people, exercised in and by the vote of their representative in Parliament, asserting itself to be of a binding force also, and to have the place of a law, though in distinction from the king and laws also (as saith the king), whatever other- wise by them is pretended, might also depart from the true end of government answerable to their trust, and yet insist upon their right to be obeyed and submitted unto, and, hav- ing power in their hands, might unduly go about also to compel obedience. It is not lawful either for king or Par- liament to urge authority and compel obedience as of right in any such cases, where, according to the law of nature, the people are at liberty, and ought to have a freedom from yielding obedience, as they are and ought to have when- ever any would compel them to disobey God, or to do things that evidently in the eye of reason and common sense are to their hurt and destruction. Such things nature forbids the doing of, having for that very purpose armed man with the defensive weapon of refusing to consent and obey, as that privilege whereby man is distinguished from a beast ; which when he is deprived of he is made a beast, and brought into a state of perfect servitude and bondage. Such a state of servitude and bondage may by God's just judgment be inflicted upon man for sin and the abuse of his liberty, when by God restored. The liberty which man was at first created in is that privilege and right which is allow- ed to him by the law of nature, of not being compelled under any pretence whatsoever to sin against God, or to go against the true good and welfare of his own being that is to say, of his inward or outward man but in both these cases to have and to use his just liberty to dissent and refuse to obey. For this every man hath that in himself which by God is made a proper and competent judge ; for as to all sin against God and the righteousness of his law, the light of conscience, that is to say, the work of the law, in and upon the mind or inward sense, and in conjunction with it, doth lighten every one that Cometh into the world, accusing or excusing, if it be but hearkened unto and kept awake. And for all such actings as tend to the ruin and destruction of man in his out- ward and bodily concerns, and as he is the object of ruagis- tratical power and jurisdiction, every man hath a judgment of common sense, or a way of discerning and being sensible thereof, common to brute beasts, that take in their knowl- edge by the door of their senses, but is much heightened and ennobled in man by the personal union it is taken into with his intellectual part and intuitive way of discerning things, through the inward reflectings of the mind, compared with the law of God. This inferior judgment in man, when it is conjoined with and confirmed by the judgment of his supe- rior part, is that which we call rational, or the dictates of right reason, that man hath a natural right to adhere unto, as the ordinary certain rule which is given him by God to walk by, and against which he ought not to be compelled, or be forced to depart from it by the mere will and power of another, without better evidence ; that is, a higher, a great- er, or more certain way of discerning. This, therefore, in Scripture, is called man's judgment or man's day, in dis- tinction from the Lord' s judgment and the Lord's day ; and this is that in every individual man, which in the collective body of the people, and meeting of head and members in Parliament, is called the supreme authority, and is the pub- lic reason and will of the whole kingdom, the going against which is, in nature as well as by the law of nations, an of- fence of the highest rank among men ; for it must be pre- sumed that there is more of the wisdom and will of God in that public suffrage of the whole nation, than of any private person or lesser collective body whatsoever, not better qual- ified and principled ; for man is made in God's image, or in a likeness, in judgment and will, unto God himself, accord- ing to the measure that in his nature he is proportioned and made capable to be the receiver and bearer thereof. There- fore it is that the resisting and opposing either of that judg- ment or will which is in itself supreme, and the law to all others (or which bears so much proportion and likeness to the supreme will as is possible for a society and community of men agreeing together for that end to contrive and set up for an administration thereof unto them), is against the duty of any member of that society, as well as it is against the duty of the body of the whole society to oppose its judgment and will to that of the supreme Lawgiver, their highest Sov- ereign, God himself. The highest judgment and will set up by God for angels and men, in their particular beings, to hold proportion with and bear conformity unto (in the capacity of ruled in rela- tion to their chief ruler), shines forth in the person of Christ, the ingrafted Word ; and when, by the agreement or com- mon consent of a nation or state, there is such a constitution and form of administration pitched upon as, in a standing and ordinary way, may derive and convey the nearest and greatest likeness in human laws, or acts of such a constitu- tion, unto the judgment and will of the supreme Legislator, as the rule and declared duty for every one in that society to observe, it is thereby that government or supreme power comes to receive being in a nation or state, and is brought into exercise according to God's ordinance and divine insti- tution. So, then, it is not so much the form of the admin- istration as the thing administered wherein the good or evil of government doth consist ; that is to say, a greater like- ness or unlikeness unto judgment and will of the highest Being in all the acts or laws flowing from the fundamental constitution of the government. Hence it is that common consent, lawfully and rightfully given by the body of a nation, and intrusted with delegates of their own free choice, to be exercised by them as their representatives (as well for the welfare and good of the body that trusts them, as to the honour and well- pleasing of God, the supreme Legislator), is the principle and means, war- ranted by the law of nature and nations, to give constitution and admission to the exercise of government and supreme authority over them and among them : agreeable hereunto, we are to suppose that our ancestors in this kingdom did proceed, when they constituted the government thereof, in that form of administration which hath been- derived to us in the course and channel of our customs and laws ; among which, the law and customs in and of the Parliaments are to be accounted as chief. For, Hereby, First, The directive or legislative power (having the right to state and give the rule for the governor's duty and the subject's obedience) is continued in our laws, which as well the king as people are under the observation of; witness the coronation oath, and the oath of allegiance. Secondly, The coercive or executive power is placed in one person, under the name and style of a king, to be put forth, not by his own single personal command, but by the signifi- cation of his will and pleasure, as the will of the whole state, in and by his courts of justice, and stated public coun- sels and judicatures, agreed on for that purpose between him and his people in their Parliamentary assemblies. The will of the whole state, thus signified, the law itself prefers before the personal will of the king, in distinction from the law, and makes the one binding, the other not ; so that the public will of the state, signified and declared by the public suffrage and vote of the people or kingdom in Par- liament assembled, is a legal and warrantable ground for the subject's obedience in the things commanded by it, for the good and welfare of the whole body, according to the best understanding of such their representative body, by it put forth during the time of its sitting. The body with whom the delegated vote and public suf- frage of the whole nation is intrusted being once assembled, with power not to be dissolved but by their own consent, in that capacity the highest vote and trust that can be is exer- cised, and this, by authority of Parliament, unto ex officio, or by way of office, are the keepers of the liberties of Eng- land, or of the people, by the said authority, for which they are accountable if they do not faithfully discharge that their duty. This office of keeping the liberty, which by the law of God and nature is due to the community or whole body of the people, is, by way of trust, committed by themselves to their own delegates, and in effect amounts unto this : 1. That they may of right keep out and refuse any to ex- ercise rule and command over them except God himself, who is the supreme and universal king and governor, or such as shall agree in their actings to bear his image, which is to be just, and show, for the warrant of their exercise of sov- ereignty, both a likeness in judgment and will unto Him who is wisdom and righteousness itself ; and the approbation and common consent of the whole body, rationally reposing that trust in them, from what is with visible and apparent characters manifest to them, of an aptness and sufficiency in them to give forth such public acts of government that may bear the stamp of God's impression upon them in the judgments they do and execute, especially being therein helped with a national council of the people's own choosing from time to time. 2. They may of right keep, hold, and restrain him or them with whom the coercive or executive power is intrusted, unto a punctual performance of duty, according to the fun- damental constitution, the oath of the ruler, and the laws 350 BRITISH STATESMEN. of the land ; and if they shall refuse to be so held and re- strained by the humble desires, advice, and common consent in Parliament, and the people's delegates be invaded and EtDempted upon by force to deter them from the faithful dis- charge of this their duty, they may, in asserting their right, and in a way of their own just defence, raise armies, put the issue upon battle, and appeal unto God. 3. Such appeal answered, and the issue decided by battle, the people's delegates still sitting, and keeping together in their collective body, may of right, and according to reason, refuse the readmission or new admission of the exercise of the former rulers, or any new rulers again over the whole body, till there be received satisfaction for the former wrongs done, the expense and hazard of the war, and security for the time to come, that the like be not committed again. Until this be obtained, they are bound in duty, in such man- lier as they judge most fit, to provide for the present govern- ment of the whole body, that the commonweal receive no detriment. 4. In this, which is the proper office of the people's dele- gates, and concerns the keeping and defending the liberty and right of the whole people and nation, they may and ought, during their sitting, to exercise their own proper power and authority, the exigencies of the kingdom requi- ring it, although the other two estates, jointly instructed with them in the exercise of the legislative authority, should de- sert their station, or otherwise fail in the execution of their trusts ; yea, or though many or most of their own members, so long as a lawful quorum remains, shall either voluntarily withdraw from them, or for just cause become excluded. In this discharge of their trust for the common welfare and safe- ty of the whole, their actings, though extraordinary and contrarient to the right of the other two, cannot be treason- able or criminal, though they may be tortuous and errone- ous, seeing they are equals and co-ordinate in the exercise of the legislative power, and have the right of their own proper trust and office to discharge and defend, though their fellow-trustees should fail in theirs ; nor can nor ought the people, as adherents to their own delegates and representa- tives, to be reputed criminal or blameworthy by the law. In the exercise of one and the same legislative power, ac- cording to the fundamental constitution of the government of England, there are three distinct public votes allowed for assent or dissent in all matters coming before them, the agreement of which is essential and necessary to the pass- ing of a law : the personal vote of the king ; the personal votes of the Lords in a house or distinct body ; and the del- egated vote and suffrage of the whole people in their repre- sentative body, or the House of Commons. Unto each of these appertains a distinct office and privilege proper to them. 1. The regal office, and the prerogative thereof, to the king. 2. The judicial office, to the Lords, as the highest judi- cature and court of justice under the king, for the exercising coercive power and punishing of malefactors. 3. The office of the keepers of the liberties and rights of the people, as they are the whole nation incorporated under one head, by their own free and common consent. The regal office is the fountain of all coercive and execu- tive power, pursuant to the rule set to the same by law, or the agreement of the three estates in Parliament. The rule which is set is that of immutable just and right, according to which penalties are applicable and become due, and is first stated and ascertained in the declared law of God, which is the signification or making known by some sign the will of the supreme Legislator, proceeding from a perfect judgment and understanding, that is without all er- ror or defect. The will that flows from such a judgment is in its nature legislative and binding, and of right to be obeyed for its own sake, and the perfection it carries in it and with it in all its actings. This will is declared by word or works, or both. By word we are to understand either the immediate breath and spirit of God's mouth or mind, or the inspiration of the Almighty, ministered by the Holy Ghost, in and by some creature as his vessel and instrument, through which the Holy Scriptures of the Old and New Testament were com- posed. By works that declare God's will, we are to under- stand the whole book of the creature, but more eminently and especially the particular beings and natures of angels and men, who bear the name and likeness of God in and upon their"judgments and their wills ; their directing pow- er, and their executive power of mind, which are essential to their being, life, and motion. When these direct and execute, in conjunction and har- mony with God's judgment and will, made known in his law, they do that which is right ; and by adhering and conform- ing themselves unto this their certain and unerring guide, do become guides and rulers unto others, and are the objects of right choice, where rulers are wanting in church or state. The rule, then, to all action of angels or men, is that of moral or immutable just and right, which is stated and declared in the will and law of God. The first and highest imitation of this rule is the creature-being in the person of Christ. The next is the bride, the Lamb's wife. The next is the innumerable society of the holy angels. The next i* the company of just men, fixed in their natural obedience and duty through faith, manifesting itself, not only in their spirits, but in their outward man, redeemed, even in this world, from the body of corruption, as far as is here attain- able. The power which is directive, and states and ascer- tains the morality of the rule for obedience, is in the law of God ; but the original, whence all just executive power arises, which is magistratical and coercive, is from the will or free gift of the people, who may either keep the power in themselves, or give up their subjection into the hands and will of another as their leader and guide, if they shall judge that thereby they shall better answer the end of government, to wit, the welfare and safety of the whole, than if they still kept the power in themselves ; and when they part with it, they may do it conditionally or absolutely ; and while they keep it, they are bound to the right use of it. In this lib- erty every man is created, and it is the privilege and just right which is granted unto man by the supreme Lawgiver, even by the law of nature under which man was made. God himself leaves man to the free exercise of this his liberty when he tenders to him his safety and immutability, upon the well or ill use of this his liberty, allowing him the choice either to be his own guide and self-ruler in the abil- ity communicated to him to know and execute God's will, and so to keep the liberty he is possessed of in giving away his subjection or not, or else upon God's call and promise to give up himself in way of subjection to God as his guide and ruler, either absolutely or conditionally. To himself he expects absolute subjection ; to all subordinate rulers, conditional. While man's subjection is his own, and in his own keep- ing, unbestowed and ungiven out of himself, he is not, nor cannot be, accountable by way of crime or offence against his ruler and sovereign, but may do with his own what he please, but. still at his peril if he use not this his liberty as he should, to the end for which it is given him, which is by voluntary and entire resignation to become an obedient sub- ject unto Him who is the supreme Lawgiver and rightful King, without possibility of change or defection. Unto this right, and the lawful exercise and possession of it, this nation did arrive by the good providence and gift of God, in calling and assembling the Parliament, November 3d, 1640, and then continuing their session by an express act (17 Car.), with power not to be dissolved but by their own consent ; which was not so much the introducing of a new law, as declaratory of what was law before, according' to man's natural right, in which he was created, and of which he was possessed by God, the sovereign Giver of all things. But the passing that said act of Parliament alone was not that which restored the nation to their original right and just natural liberty, but only put them in the capacity and possibility of it. That which was wanted to make out to the nation a clearness in having and obtaining this their right, was the obligation they had put upon themselves and their posterities to their present sovereign and his authority, which in justice and by the oaths of allegiance they were solemnly bound to, in the sight of God as well as of man ; and therefore, unless by the abuse of that office of trust (to that degree as on his part to break the fundamental compact and constitution of government), they could not be set free nor restored to their original right and first liberty, especial- ly if, together with such breach of trust, both parties appeal to God, and put it upon the issue of battle, and God give the decision ; and in consequence thereof, that original right be asserted, and possession thereof had and held for some years, and then not rightfully lost, but treacherously betrayed and given up by those in whom no power was rightfully placed to give up the subjection of the nation again unto any what- soever. Unto which is to be added, that how and when the disso- lution of the said Parliament, according to law, hath been made, is yet unascertained, and not particularly declared ; by reason whereof, and by what hath been before showed, the state of the case on the subject's part is much altered as to the matter of right, and the usurpation is now on the other hand, there being, as is well known, two sorts of usurpers : either such as have no right of consent at all unto the rule they exercise over the subject, or such who, under pretence of a right and title, do claim, not by consent, but by conquest and power, or else hold themselves not obliged to the fundamental compact and constitution of government, but gain unduly from the subject, by advantages taken through deceit and violence, that which is not their own by law. For a rational man to give up his reason and will unto the judgment and will of another, without which no outward coercive power can be, whose judgment and will is not per- fectly and unchangeably good and right, is unwise and un- safe, and by the law of nature forbidden ; and therefore all such gift, made by rational men, must be conditional, either SIR HENRY VANE. 351 implied or explicit, to be followers of their rulers, so far as they are followers of that good and right which is contained in the law of the supreme Lawgiver, and no farther ; re- serving to themselves, in case of such defection and decli- ning of the ruler's actings from the rule, their primitive and original freedom to resort unto, that so they may, in such case, be as they were before they gave away their subjec- tion unto the will of another ; and reserving also the power to have this judged by a meet and competent judge, which is the reason of the king and kingdom, declared by their rep- resentatives in Parliament ; that is to say, the delegates of the people in the House of Commons assembled, and the commissioners on the king's behalf, by his own letters pat- ent in the House of Peers ; which two concurring, do very far bind the king, if not wholly. And when these cannot agree, but break one from another, the Commons in Parliament assembled are ex officio the keepers of the liberties of the nation, and righteous possess- ors and defenders of it against all usurpers and usurpations whatsoever, by the laws of England. C. Vanity of Vanities, or Sir Henry Vane's Picture. (To the Tune of the Jews' Corant.) Have you not seen a Bartholomew baby, A pageant of policy as fine as may be, That's gone to be shown at the manor of Raby, Which nobody can deny t There was never such a prostitute sight, That ere profaned this purer light, A hocus pocus juggling knight, Which nobody can deny. He was taken for a Delphic Tripus, Quite another doubt-solving CEdipus, But the Parliament made him a very quibus, Which nobody can deny. His cunning state tricks and oracles, His lying wonders and miracles, Are turned at last into Parliament shackles, Which nobody can deny. He sat late in the House so discontent, With his arms folded and his brows bent, Like Achitophel to the Parliament, Which nobody can deny. * * * * When first the English war began, His father was a court trepan, And rose to be a Parliament man, Which nobody can deny. + * * * The devil ne'er see such two Sir Harrys ; Such a pest'lent pair nor near nor far is, No, not at the Jesuits' Sorbon of Paris, Which nobody can deny * * * * His dainty project of a select senate, Is damned for a blasphemous tenet ; 'Twas found in the budget ('tis said) of monk Bennet, Which nobody can deny. Of this state and kingdoms he is the bane, He shall have the reward of Judas and Cain, And 'twas he that overthrew Charles his wain, Which nobody can deny. Should he sit where he did with his mischievous brain, Or if any his counsels behind do remain, The House may be called the labour in Vain, Which nobody can deny. D. Sir Henry Vane's Speech at a Committee for the Bill against Episcopal Government, June 11, 1641. Mr. Hyde sitting in the chair. MASTER HYDE, The debate we are now upon is, wheth- er the government by archbishops, bishops, chancellors, e known by its fruits, I hope you see by this time plainly the nature and quality of this tree. In the last place, give me leave, for a close of all, to pre- sent to your consideration the mischiefs which the contin- uance of this government doth threaten us with, if by the wisdom of this committee they be not prevented. First, the danger our religion must ever be in, so long as it is in the hands of such governors as can stand firmly in nothing more than its ruin, and whose affinity with the pope's hierarchy makes them more confident of the papists, than the professors of the Reformed religion for their safety and subsistence. Secondly, the unhappy condition our civil state is in, while the bishops have vote in the Lords' House, being there as so many obstructions in our body politic to all good and wholesome laws tending to salvation. Thirdly, the improbability of settling any firm or durable peace so long as the cause of the war yet continues, and the bellows that blow up this flame. Lastly, and that which I will assure you goes nearest to my heart, is the check which we seem to give to Divine Providence if we do not at this time pull down this govern- ment. For hath not this Parliament been called, continued, pre- served, and secured by the immediate finger of God, as it were, for this work ? Had we not else been swallowed up in many inevitable dangers by the practices and designs of these men and their party ? Hath not God left them to themselves, as well in these things as in the evil adminis- tration of their government, that he might lay them open unto us, and lead us, as it were, by the hand, from the find- ing them to be the causes of our evil, to discern that their rooting up must be our only cure ? Let us not, then, halt any longer between two opinions, but with one heart and resolution give glory to God in complying with his provi- dence, and with the good safety and peace of this church, and state, which is by passing this bill we are now upon. A Letter from a Person of Quality to a Relation of Sir Henry Vane, about a Week after the Execution. MADAM, If I do later than others give you an account of the share I have in the loss of your generous kinsman, it is because I would not rudely disturb the motions of so just a sorrow ; but I hope that you are assured I have so real a con- cern in all that relates to you, that it was not necessary, by an early haste, to send you an information of it. I have, madam, while I own a love to my country, a deep interest in the public loss, which so many worthy persons lament. The world is robbed of an unparalleled example of virtue and piety. Hit great abilities made hit enemies persuade them- selvet that all the revolutions in the last age were wrought by his influence, as if the world were only moved by his en- gine. In him they lodged all the dying hopes of his party. There was no opportunity that he did not improve for the advantage of his country. And when he was in his last and much-deplored scene, he strove to make the people in love with that freedom they had so lavishly and foolishly thrown away. He was great in all his actions, but to me he seemed great- est in his sufferings, when his enemies seem to fear that he alone should be able to acquaint them with a change of for- tune. In his lowest condition, you have seen him the ter- ror of a great prince, strengthened by many potent confed- erates and armies ; you have seen him live in high estima- tion and honour, and certainly he died with it. Men ar- rive at honours by several ways. The martyrs, though they wanted the glittering crowns the princes of those ages dis- pensed, have rich ones in every just man's esteem. Virtue, though unfortunate, shines in spite of all its enemies ; nor is it in any power to deface those lasting monuments your friend hath raised of his, in every heart that either knew him, or held any intelligence with fame. But, madam, I trespass too long upon your patience. This is a subject I am apt to dwell on, because I can never say enough of it. I shall now only desire you to make use of that fortitude and virtue that raised your friend above the malice and power of his enemies ; and do not, by an immoderate sor- row, destroy that which was so dear to him yourself, but live the lively representation of his virtue, the exercise of which that made you always the admiration of Your humble servant, &c. The 22d Jane, 1662. HENRY MARTEN. 1602-1680. HENRY MARTEN, or, as he was more gener- ally called, Harry Marten, was born in Oxford (" particularly, as I conceive," says Anthony & Wood, " in the parish of St. John Baptist, in a house opposite to Merton College Church, then lately built by Harry Sherburne, gentleman, and possessed at the time of Harry's birth by Sir Henry his father") in the year 1602. His father. Sir Henry Marten, LL.D., was the most emi- nent civilian of his time. Educated also at Oxford, he had carried off all the honours of the University, and, after leaving it, became successively judge of the admiralty, and twice dean of the arches, received knighthood, and in 1624 the appointment of judge of the prerog- ative. In the Parliament of 1628 he represent- ed the University of Oxford, and in the Long Parliament sat for the borough of St. Ives, in Huntingdonshire. He acted generally with the liberal party, but his temper was moderate, and he strove to conciliate to the last. Shortly after the birth of Harry Marten, we find Sir Henry in London. " When a lad," said one of the libellers of the famous Republican in after years, " you lived in Aldersgate-street, under the tuition of the then called ' blue-nosed Romanist' your father, who was the best civil- ian of our horizon, and a ' six-swinger,' as they termed him ; he had but 40 per annum of his own."* Whatever his condition was then, it is quite certain that, some short time before his death, which took place in 1641, he had pur- chased " a fair estate, mostly lying in Berks," which Anthony & Wood adds, " his ungodly son Harry squandered away."t Young Harry Marten was sent while yet in his boyhood to a grammar-school in Oxford, and afterward, in his fifteenth year, became a gentleman commoner of University College ;t " where," says the author of the Athenae, " and in public, giving a manifestation of his preg- nant parts," he had the degree of bachelor of arts conferred upon him in the latter end of 1619. He then travelled for some time in France, and at his return was prevailed on by his father to consent to one of those marriages of convenience which carry in their train all kinds of misery and social wrong. " His father found out a rich wife for him," says Aubrey, "whom he married something unwillingly." After the birth of a daughter they rarely met again ; but it is a touching circumstance to record, that in the last lonely years of his wretched imprisonment, this wife and daughter were the only persons in the world that seemed to recollect his existence, or that, to his own mind, gave him still some interest in life. He offered himself for Parliament on the * A letter prefixed to a libellous publication (by a reck- less and notorious libertine named Gayton) called " Colonel Harry Marten's Familiar Letters to his Lady of Delight." IThere is also a small quarto with the date of 1685, entitled "the Familiar Epistles of Col. Henry Martin, found in his Mistress's Cabinet," second edition. It is impossible that so much nonsense was ever penned by the colonel. C.] t Ath. Ox., iii., 17. t He was matriculated, according to the Oxford records, on the 31st of October, 1617 : " Henricus Marten, Oxonien- sis militis Jilius, annos natus 15." Y Y great election in April, 1640, to the electors for the county of Berkshire. His name had already become known as that of a man of eloquence and wit, and as the adviser of some of the most eminent public men of the time. He had con- tracted friendships with Hyde (Lord Claren- don), with Nathaniel Fiennes, with Hampden, and with Pym. He had also, in 1639, spiritedly refused to contribute a single sixpence towards the maintenance of a war against his fellow- countrymen in Scotland. These were his claims, and an immense majority of the Berk- shire electors at once cheerfully acknowledged them. Marten's life, up to this time, had been one of extreme gayety. " He was a great lover of pretty girls," says Aubrey, "to whom he was so liberal, that he spent the greatest part of his* estate." Men wondered at first, therefore, in those times of solemnity and precision, when they saw a man so free in living, and so liberal in speech, admitted to the intimacy of the gra- vest and most religious men of the age. They had yet to learn, what to the penetrating glance of the leaders of this Parliament had been al- ready revealed, that under the condemned hab- its of recklessness and dissipation lurked in this case one of the most active and useful dis- positions, one of the most frank, liberal, and benevolent spirits in a word, one of the best and most serviceable politicians that the coun- try had produced. Nor were they long in learning this. Marten at once took an active part in the proceedings of Parliament, and everybody saw that if he was the wittiest and most pleasant, he was also one of the most ardent and uncompromising of the opponents of Charles. " He was a great and faithful lover of his country," says Aubrey : " his speeches were not long, but wondrous poignant, pertinent, and witty. He was of an incomparable wit for repartees ; not at all cov- etous ; humble, not at all arrogant, as most of them were ; a great observer of justice, and did always, in the House, take the part of the op- pressed."* The shafts he shot at Charles struck deeper for the very reason that, in other circumstances, might have turned them aside comparatively harmless ; and the name of Har- ry Marten, once a signal for laughter only, be- came a terror in Whitehall. In the short interval between the Parliaments of April and November, Charles, ever childishly forward in showing his resentments, found an opportunity to insult this new and formidable assailant. Marten happened to be walking in. Hyde Park one day as his majesty's carriage passed, when the king himself, speaking very loud, and in the hearing of many people, applied a gross expression to him. " Harry went away patiently," says Aubrey, who relates the anec- dote, " sed manebat alta mente repdstum. That sarcasm raised the whole county of Berks against him." In other words, Marten was re- turned to the House of Commons by the elect- ors of that county, on the summoning of the Letters and Lives, ii., 435, 436. 354 BRITISH STATESMEN. famous Parliament of 1640, with greater enthu- siasm than before. The rise of the Republican party in the House of Commons has been described in the life of Vane, and Marten's statesmanship has received occasional illustration there. It was natural that, in entering on a decisive course in the House of Commons, he should choose his part with the Independents, then laying with so much energy and resolution the secret and solid foundations of their power. He had most need, his enemies said (and his friends need not deny the imputation), of the divine principle of tol- eration which distinguished that great party. " Henry Marten," says Bishop Burnet, " was all his life a most violent enemy to monarchy, but all that he moved for was upon Roman and Greek principles. He never entered into mat- ters of religion." The charge the bishop would imply in this passage is not a serious one. Vane and Cromwell, penetrated with all the fervours of a most earnest religious zeal, could see no purer end of government than the laughing Harry Marten proposed that of elevating in the social scale every individual man in Eng- land, until the time might come when no Eng- lishman should have a master, and in every corner of the island should be realized that lofty and soaring spirit which made Rome, so long as Rome remained uncorrupted and un- poisoned, a mark for the admiration of all suc- ceeding ages. " Some persons," Hume ob- serves, in his character of this Parliament of 1640, " partial to the leaders who now defend- ed public liberty, have ventured to put them in the balance with the most illustrious charac- ters of antiquity, and mention the names of Pym, Hampden, Vane, as a just parallel to those of Cato, Brutus, Cassius. Profound capacity, indeed, undaunted courage, extensive enter- prise in these particulars, perhaps, the Roman do not much surpass the English patriots ; but what a difference when the discourse, conduct, conversation, and private as well as public be- haviour of both are inspected ! Compare only one circumstance, and consider its consequen- ces. The leisure of those noble ancients was totally employed in the study of Grecian elo- quence and philosophy, in the cultivation of po- lite letters and civilized society ; the whole discourse and language of the moderns were polluted with mysterious jargon, and full of the lowest and most vulgar hypocrisy."* The falsehood of the pretence on which this charge was raised in the case of Pym and Vane has been shown in the course of these biographies ; but as against Marten, no such pretence could even be attempted by his worst opponents. Every one admitted him to be a man of real wit, and of the most mirthful and jovial pro- pensities " as far from a Puritan (to use Au- brey's expression) as light from darkness." Nor was his great learning ever questioned ; for it was a perpetual theme of wonder with people that he had found time for so many and such various accomplishments, living the life he had led. Holding Republican opinions, it is the dis- tinction of Harry Marten to have been the first who is reported to have avowed them. This is not said in praise of his wisdom, which on * Hume's History, v., 260, 4to. that point was perhaps questionable, but mere- ly as a statement of a fact. The anecdote is told in a very interesting way in a passage of Clarendon's own life. Hyde, Pym, Hampden, Marten, and Nathaniel Fiennes had been dining together one day, du- ring the progress of the Episcopacy Bill, at Pym's lodgings in Westminster, when, after dinner, " Nathaniel Fiennes asked Mr. Hyde whether he would ride into the fields and take a little air, it being a fine evening ; which the other consenting to, they sent for their horses, and riding together in the fields between West- minster and Chelsea, Mr. Fiennes asked him 'what it was that inclined him to adhere so passionately to the Church, which could not possibly be supported.' He answered, that ' he could have no other obligation than that of his own conscience and his reason, that could move with him, for he had no relation, or de- pendance upon any churchman that could dis- pose him to it ; that he could not conceive how religion could be preserved without bishops, nor how the government of the state could well subsist if the government of the Church were altered ;' and asked him what government they meant to introduce in its place. To which he (Fiennes) answered that 'there would be time enough to think of that ; but assured him, and wished him to remember what he said, that if the king resolved to defend the bishops, it would cost the kingdom much blood, and would be the occasion of as sharp a war as had ever been in England ; for that there was a great number of good men who resolved to lose their lives before they would ever submit to that gov- ernment,' which," continues Hyde, "was the first positive declaration he had ever heard from any particular man of that party." This is a good introduction to the anecdote of Mar- ten, which follows immediately after. " Within two days after this discourse from Mr. Fiennes," pursues Clarendon, " Mr. Hyde, walking between the Parliament House and Westminster, in the churchyard met with Harry Marten, with whom he lived very familiarly, and speaking together about the proceedings of the Houses, Marten told him that ' he (Hyde) would undo himself by his adhering to the court ;' to which he (Hyde) replied, that ' he had no rela- tion to the court, and was only concerned to maintain the government and preserve the law ;' and then told him ' he could not conceive what he (Marten) proposed to himself, for he did not think him to be of the opinion or nature with those men who governed the House ;' and asked him ' what he thought of such and such men ;' and he (Marten) very frankly answered that ' he thought them knaves ; and that when they had done as much as they intended to do, they should be used as they had used others.' The other pressed him then to say what he desired, to which, after a little pause, he (Marten) very roundly answered, ' I DO NOT THINK ONE MAN WISE ENOUGH TO GOVERN us ALL,' which was the first word he (Hyde) had ever heard any man speak to that purpose ; and would, without doubt, if it had been then communicated or at- tempted, been the most abhorred by the whole nation of any design that could be mentioned ; and yet it appears it had even so early entered into the hearts of some desperate persons, that HENRY MARTEN. 355 gentleman being at that lime possessed of a very great fortune, and having great credit in his coun- try."* Taking all this with the proper allowances, it would seem perfectly clear that Marten was now and then too free of speech, nor sufficient- ly accommodated his opinions to times and places. Whatever the secret conclusions might be to which Vane, and Ludlow, and Cromwell had already in their own minds arrived, it was surely most unwise to hazard any public dis- cfosure of them before the general intellect and moral feeling had become sufficiently ripe for the attempt, or before the perfidy and bad faith of Charles had received its utmost extent of illustration among the great body of the people. Clarendon's imputations on Marten's good faith respecting his great political associates have no warrant or authority. He was in all things sincere to a fault, it might be added, were it right to associate such a reproach with any order of sincerity. In all the consultations of the liberal leaders, and in all their most mem- orable actions during 1640 and 1641, he took a most prominent part ; and though the prudence of his conduct and counsel was sometimes brought in question, he never lost his influence with the House, or the warmest friendship of its leaders ; nor, it may be added, rarely failed to be justified by the event, in what seemed to more careful and cautious men the very height even of his imprudence. In a curious pamphlet by Dudley, third Lord North, then a member of the House of Commons, this receives inci- dental illustration in a passage which, though not correct as a statement of facts, serves to show the feeling of the House. " Businesses," the writer observes, " were not always carried on in the House according to the mind and in- tended order of the leading persons ; for the business of that protestation made in the year 1641 had been taken into consideration at a private meeting of the grandees, and was then concluded to be unseasonable. Yet Henry Marten, being unsatisfied with their determina- tion, moved it the next day in Parliament, and found the House so disposed as a vote was presently passed for a protestation, which was afterward worded by a select committee, and approved of in both Houses ; and to this the leaders would not oppose themselves, though they considered it improper at that time."t On the 4th of July, 1642, when Charles had retired from London, and was on the eve of set- ting up his standard at Nottingham, Marten was appointed one of those fifteen eminent and trusted persons, lords and commoners, to whom Parliament deputed the powers of a " commit- tee of safety," " to take into consideration whatever might concern the safety of the king- dom, the defence of the Parliament, the preser- vation of the peace of the kingdom, and the opposing any force which might be raised against the Parliament : this committee to meet when and where they pleased." Such was the sim- ple frame of the first executive government of the Parliament ; the members receiving no in- auguration no attendance given to them not ,* Clarendon's Life, 41, 42, folio ed., 1759. t From a curious and interesting pamphlet, called " A Narrative of some Passages in or relating to the Long Par- liament, by a Person of Honour." Horace Walpole states the author to have been Dudley, the fourth Lord North. even a stated place of meeting assigned. It is a circumstance worthy of remark, that in all the proceedings taken by the House of Com- mons while the question of the king's suprem- acy may be said to have been yet undecided, nothing was done that was not wholly indis- pensable ; while, in the creation of any new powers or agencies of government, which the vicissitudes of public affairs might render fugi- tive ana ephemeral, we never fail to see that their creators were most careful to give them no incidents or inducements that might unne- cessarily afford the members in whom they were vested a temptation to protract their ex- istence. When the civil war began, and Charles is- sued his proclamation against the members of both Houses, Marten's name received the hon- our of a special exception, in common with those of Hampden and Pym, from the offer of kingly pardon. This only redoubled his exertions in the " committee of safety," and his zeal in dis- charging its duties involved him in many per- sonal contentionsof great warmth and passion.* Among the earliest commissions of colonels of horse granted by order of the Parliament, we find the name of Harry Marten. His active, light-hearted, and mercurial spirit, not content with all the labours and duties imposed on him in London, sought employment also at the scene of war. The House of Commons, as an additional proof of their confidence, bestowed upon him the military governorship of Reading. He was subsequently obliged to abandon this city at the king's approach, t but under circum- stances which left no imputation on his cour- age. No imputations, such as too deservedly fell on the virtuous and highly-gifted, but timid Nathaniel Fiennes, for his unfortunate abandon- ment of Bristol, sullied the name of Marten. Elated by his temporary successes, Charles again addressed his misguided Commons, tell- ing them that " his quarrel was not against the Parliament, but against particular men, who first made the wounds, and would not now suf- fer them to be healed, but made them deeper and wider by continuing, fostering, and foment- ing mistakes and jealousies betwixt body and head, his majesty and his two Houses of Par- liament ; which persons he would name, and was ready to prove them guilty of high treason." He then proceeded to name Pym, Hampden, Marten, and Hollis as the chief traitors, and desired that " they might be delivered into the hands of justice, to be tried by then, peers, ac- cording to the known laws of the land."}: These gallant "traitors" were not relaxing any of their exertions meanwhile, and Marten, more successful as a civilian than a soldier, was once more at Westminster, engaged in fierce contests and disputes with the House of Lords. To that House he never at any time affected any attachment ; and, whenever it threatened the slightest interruption to the proceedings of the Commons, he prepared himself with some- what ostentatious glee for an encounter with their lordships. I find upon the journals of this * See the case of the Earl of Northumberland, which led to abortive proceedings between the two Houses. Purl. Hist., xii., 238-240 ; and Clarendon's History, iv., 17-51. t Clarendon, iii., 318. ? Clarendon's Hist, of the Reb., iii., 618, restored text , Appendix E. 356 BRITISH STATESMEN. period a very grave complaint from the upper to the lower House, respecting some certain expressions used against the Lords in a con- ference by Marten, " because they were not so forward in passing ordinances for seizing the estates of delinquents" as the Commons de- sired them to be. The expressions were these : " I have something to deliver to your lordships in the behalf of the House of Commons. It is true, my lords, there are some privileges be- longing to the House of Peers, and others to the House of Commons ; and this of raising moneys you have ever solely attributed to them, since your lordships have never refused to join with them when they have brought up anything that concerns the raising of money ; and there- fore they expect you would not now refuse to pass this ordinance, without giving them some very good reasons for it." On turning to the Parliamentary History, we see that " the Lords debated this matter for some time, and after- ward appointed a committee of ten lords to con- sider of a fit way how to vindicate the privi- lege of their House in this particular; but it is probable this matter was dropped, as the for- mer [a previous contest with Marten of the same description], for we find nothing more of it in the journals."* Some few days after, however, the journals present another dispute between the same par- ties respecting " two young horses" which had been taken out of the king's stables by a per- son of the name of De Luke. " The Lords or- dered the horses to be restored, and De Luke to attend them to answer it. This man produ- ced his warrant to the messenger from Mr. Marten, and Mr. Marten himself refused to re- turn the horses, saying, ' We have taken the king's ships and forts, and may as well take his horses, lest they might be employed against us ; but, however,' he added, 'he would acquaint the House of Commons therewith the next morning, who would satisfy the Lords at a con- ference.' This the Lords took very ill, and at the conference they told the Commons that they had resolved to write to the lord-general to re- call Mr. Marten's commission ; but for himself they had done nothing, in regard he was a mem- ber of their House, adding that they did apply themselves unto the Commons in all respect and civility, and did look for reparation in this business ; instead of which, the Commons, on their return to the House, voted that Mr. Mar- ten did well in not delivering the two horses till he had made them acquainted with it ; that these two horses should be kept by Mr. Marten till this House gives farther order ; and that the lord-general should be desired not to do any- thing in the business concerning Mr. Marten till he heard farther from that House."t The dispute in this case is far from assuming a dig- nified shape on either side, but its result surely exhibits the great folly, considering the incapa- city, of their lordships. " To so low an ebb," is the pathetic remark of the compilers of the Parliamentary History, " was the authority of the House of Peers already reduced !" They had themselves to thank for it. An anecdote of Marten, said to belong to this period, has been told by Doctor Peter Heylin.t * Part. Hist-, xii., 240. t Ibid., xii., 251. t In his History of the Presbyterians, 452, ed. 1672. I present it with more than a doubt of its au- thenticity, since no concurrent testimonies bear it out, and it is in its character very improba- ble. The Commons, according to Heylin's ac- count, were always glad to avail themselves of Harry Marten's great fertility of resource in de- vising means of raising supplies during the dif- ficulties that beset the opening of the war, and gave him almost unlimited power to this end. Secretly indulging, on one occasion, a particu- lar malicious humour of his own, it occurred to him that there would be no farther use for the regalia, and that they might as well be sold for what they would bring ; " whereupon," contin- ues Heylin, " Marten, then member for Berks, having commanded the sub-dean of Westmin- ster to bring him to the place where the regalia were kept, made himself master of the spoil ; and having forced open a great iron chest, took out the crown, the robes, the sword, the scep- tre, belonging anciently to King Edward the Confessor, and used by all our kings at their inaugurations ; then, with a scorn greater than his lusts and the rest of his vices, he openly declares that there would be no farther use of these toys and trifles, and in the folly of that humour invests George Withers (an old Puri- tan satirist*) in the royal habiliments, who, be- ing thus crowned and royally arrayed (as right well became him), first marched about the room with a stately garb, and afterward, with a thou- sand apish and ridiculous actions, exposed these sacred ornaments to contempt and laughter." In declining to admit the truth of this story, it would be unjust to withhold from its learned and very reverend author the praise of a skilful invention and a quick perception of the ludi- crous. Marten's indulgence of his wit and humour on all possible occasions, and his well-known careless avowals of his preference for Republi- can government, gave currency and plausibility to such anecdotes. The latter characteristic, indulged freely almost everywhere, at last heed- lessly escaped him from his place in the House of Commons. Such avowals must always wait for their proper place and season, and in this instance both were forgotten. The incident occurred on the 16th of August, 1643. The pages which related it are torn from the journals of the House, but White- locke has supplied the omission in his Memori- als.! It occurred in the course of a debate on what were thought the scandalous expressions of a work published by one Saltmarsh, a Puri- tan minister, in which he urged, among other things, that " all means should be used to keep the king and his people from a sudden union ; that the war ought to be cherished under the notion of popery, as the surest means to en- gage the people ; and that if the king would not grant their demands, then to root him out and the royal line, and to collate the crown upon somebody else." Several members having strongly condemned such advice, Marten sud- denly rose, and said that " he saw no reason to condemn Mr. Saltmarsh so strongly, and that it were better one family should be destroyed than many." This called up Sir Nevil Poole, who moved that " Mr. Marten should explain what one family he meant." Marten interrupted him And a very fine old poet. t Page 68, ed. 1682 HENRY MARTEN. 357 with the remark that such a motion was need- less, and boldly and bluntly answered, " The king and his children !" Upon this there was a storm in the House, and many of the mem- bers urged loudly "against the lewdness of Mr. Marten's life, and the height and danger of these words, and spoke sharply against him." Pym, then within a few short months of his death, interfered on behalf of his friend, but at the same time, on public grounds, condemned his expressions. Marten was in the end expelled the House, and committed to the Tower.* A fortnight afterward he was " ordered to be forth- with discharged, without paying any fees for his imprisonment," but he did not, till after the lapse of a year and a half, resume his seat in the House. Nevertheless, he continued unremittingly to labour in the cause. His father had died two years before, and left him in possession of prop- erty to the amount of 3000 a year. From the moment of his accession to it, he appears to have indulged to excess his liberal tastes and " elegant desires ;" the whole county of Berk- shire rang with the festivities of the Vale of the White Horse ;t and his personal courtesies to all classes of men gave him unprecedented pop- ularity there. After his expulsion from the House of Commons he continued to hold his colonel's commission, and was present in sev- eral skirmishes and engagements. He also contributed, I find, out of his own resources, upward of 3000 to the Parliamentary com- missioners for the maintenance of the war.J During its progress, it may be added, he lost estates to much larger amounts, and at its close found himself in fortune a ruined man. That ruin was ascribed (by slanderers who could never forgive him the cheerful accomplish- * The same occurrence is told with a difference in Lord North's pamphlet : " Henry Marten," says his lordship, " exalted in mind by various successes, adventured to cast himself upon a rock, and thus it was : When it had been some ways expressed in the House that the good and happi- ness of this nation depended upon his majesty's safety, and the continuance of the royal line, Henry Marten stood up and affirmed it to he a mistake ; for (as he conceived) this nation might be very happy though the royal line were ex- tinct. Upon those words he was presently questioned, and after some debate, voted out of the House." I may add a characteristic anecdote of Pym from the same authority. It shows that on an occasion somewhat similar to the pres- ent, his address and skill were exerted with greater success on the behalf of an injudicious friend. "The House had newly received a message from his majesty, which was so far from being satisfactory as many persons spoke against it with much vehemence, and among the rest Sir Henry Lud- low (father of the great Republican), who very resolutely used these terms : ' He who sent this message is not worthy to be King of England.' Upon saying this he was immedi- ately interrupted, and the words that were spoke agreed upon preparatory to a charge ; but before his withdrawing, in order to a censure, Mr. Pym arose and said, ' That those words contained nothing of dishonour to the king,' which being found very strange, he thus cleared his meaning : 'If these words be such as a fair conclusion is naturally dedu- cible from them, then they cannot be evil in themselves. Now that a fair conclusion naturally ariseth from them may be proved by syllogism. He who sent this message is not worthy to be King of England ; but King Charles is worthy to be King of England, therefore King Charles sent not this message. Now,' saith Mr. Pym, ' I leave it to judgment whether or no this syllogism comprise anything in it worthy of censure.' This argument was so ingenious as Sir Henry Ludlow (with his ill meaning) came freely off without pun- ishment." t Where his principal mansion was situate. " Becket," says Aubrey, " in the parish of Shrineham, was his chief seate in the Vale of the White Horse, now Major Wild- man'g where he was very hospitable and exceeding pop- ular." J Whitelocke's Memorials, 385, ed. 1682. ments with which he graced a great and seri- ous cause) to other and less worthy reasons, which these pages shall not be polluted by any farther reference to. A memoir of his life, composed as this has been with a scrupulous attention to the truth, will be in itself the best and most particular answer that can be given to all such statements. During Marten's absence from the House, the self-denying ordinance was debated and passed. Clarendon can say, nevertheless, that Nathaniel Fiennes and Henry Marten were among those " who spoke more and warmer in favour of the self-denying ordinance than those spoke who opposed it." Marten did not re- sume his place in the House of Commons till nine months after that famous measure was passed ;* and Nathaniel Fiennes was still in France during its discussion, whither he had retired in deep mortification at the affair of Bristol. The truth is, that the whole of the debate on this ordinance as reported in Claren- don's History is an absolute and unmitigated forgery, made for his own purposes by Claren- don, and adopted in philosophical indolence by Hume. How much history has been written in this way ! The resolution for Marten's reinstatement in the House was passed on the 6th of January, 1645-G, and, Whitelocke says, "gave occasion to some to believe that the House began to be more averse from the king." It was certainly a proof, among others, of the growing strength of the quiet and wise party of the Independents, and it is most gratifying to discover that it was proposed by Vane. Dudley Lord North, in the curious pamphlet already adverted to, describes it thus : " It was conceived now that Henry Marten might do good service as a member, and so his restitution was moved for ; but an- swer was soon made that he was a person dead civilly, and could not be restored to life. Here- upon young Sir Harry Vane (one of the ora- cles of those times) arose and said, ' That the matter was very easy to be effected, by expun- ging out of the journal-book that order where- by he had been cast out ; and that the House was ever understood to be mistress of her own orders.' This was found so ready a way as the matter was presently determined ; and Henry Marten, having notice, came into the House again, disposed to do farther mischief." This is simply an exaggerated account of a course adopted to save Marten the necessity of a new election. It is not difficult to imagine the welcome Harry Marten received on entering the House once more. His wit had been the ornament and relief of almost every debate ; his graceful manner, and never-failing good-humour, had been perforce made acceptable to the sourest Puritan there ; and by his gallant and unflinch- ing adherence to Republican principles, by the respect his intellect and genius inspired, he had bound himself in the fastest friendship to Crom- well, to St. John, and to Vane. From the in- stant he resumed his seat until his old friend's traitorous usurpation on the Commonwealth, his name appears most prominently in every * See Whitelocke, 135 and 192. Also Journals of April 3, 1645, and January 6, 1645 (old style). 358 BRITISH STATESMEN. transaction of importance,* and, above all, when mercy is to be shown, or an act of lib- eral and kind-hearted justice done, the name of Henry Marten, and the record of his best exertions, are sure to be found not wanting. When John Lilburne's intemperance had de- livered him over into the fangs of Prynne, Mar- ten interfered in his behalf. When he after- ward sought redress from the House of Com- mons, it was Marten who moved his committee and sat as its chairman. If it had been possi- ble to have saved a man of such a temper, so grossly fond of quarrel, so self-conceited of his own honesty as to suppose he absorbed all of it himself that had been left in the world, so credulous and so suspicious, Marten would have saved him. And when it was obvious at the last that he must be left to his own wild and irreclaimable courses, it was Marten's wit which suggested that excuse for him which has passed into a familiar saying. " This very John Lilburne," says Rushworth, " after his trial, persisted in writing many books against those then in power and authority, and some particular members thereof; insomuch as it was said by Henry Marten in favour of him, 'That if there were none living but himself, John would be against Lilburne, and Lilburne against John.' "t Nor as his attachment to Cromwell with- held him not from these kind-hearted efforts in behalf of one who, but for a superabundance of conceit and bile, might have been one of the stanchest friends to the great cause, as he had already proved one of its most courageous soldiers did his friendship for Vane prevent his protesting on many occasions against the conduct of Vane's father. A good anecdote is told by Aubrey on this point. Having spoken somewhat sharply for some time against old Vane, and seeing some marks of pain and vex- ation on the countenance of his son, he suddenly interposed, " But for young Sir Harry Vane " Fifty voices interrupted him, " What have you to say to young Sir Harry!" Marten quietly sat down. From all parts of the House (the members were in committee) the question again broke out, " What to young Sir Harry 1" The wit rose with very great gravity, and observed, " Why, if young Sir Harry lives to be old, he will be old Sir Harry F" and so, says Aubrey, " sat down, and set the whole House a laughing, aa he oftentimes did ;" and the invective against old Vane was forgotten for that time, and some mortification saved to young Sir Henry. And not alone for men belonging to his own party, and generally acting with it, were these happy resources called in aid by Harry Marten. " He did always," as Aubrey says in his char- acter of him, " take in the House the part of the oppressed," no matter what their politics. The relation I am now about to give is taken from a curious pamphlet, republished in Lord Somers's tracts, and called, " A true and just Account of what was transacted in the Com- mons' House, when that House voted David Jenkins, Esq., a Welsh Judge, and Sir Francis * He was a great favourite with the citizens of London, and spoke in the common hall very often. Some of these speeches, as that concerning Sir William Waller, are to be found among the pamphlets of the time, and are good speci- mens of close reasoning and a most happy style. t Rushworth, ii., 468. Butler, to be guilty of High Treason against themselves ; and likewise an Account of an excellent Speech that the said Judge intended to have spoken at the Place of his Execution, taken from the Mouth and Notes of the said Sir Fran- cis Butler." This Judge Jenkins was justly famous in his day as a fervent and intrepid Royalist. The offence he was now brought before the Com- mons to answer, among others, was that of having, in 1642, in some Welsh counties, con- demned to death persons charged with being in arms against the king. On being conducted to the bar with Butler, the latter knelt as he was instructed, but the old judge peremptorily re- fused to do so. In the reprimand which fol- lowed, the speaker adverted in especial to this mark of contumacy, as the greater fault in him, " seeing he pretended to be knowing in the laws of the land." The relation then proceeds : " Sir Francis said during this speech of Len- thall's, Judge Jenkins had prayed him softly not to speak much ; so to let all their malice fall on him only, since he was in years, and Sir Francis but young in respect to him. And when the speaker's speech was ended, Judge Jenkins asked whether they would now give him liberty to speak. ' Yes,' answered Len- thall, ' so you be not very long.' ' No,' said the judge, ' I will not trouble either myself or you with many words. In your speech, Mr. Speak- er, you said the House was offended at my behaviour, in not making any obeisance to you at my coming here, and this was the more won- dered at, because I pretended to be knowing in the laws of the land. In answer to which, Mr. Speaker, I say, that I thank God I not only pretend to be, but am knowing in the laws of the land (having made it my study for these five-and-forty years) ; and because I am so, that was the reason of such my behaviour ; for as long as you had the king's arms engraven on your mace, and acted under his authority, had I come here I would have bowed my body in obedience to his writ and authority, by which you were first called ; bat, Mr. Speaker, since you and this House have renounced all your duty and allegiance to your sovereign and nat- ural liege lord the king, and are become a den of thieves, should I bow myself in this house of Rimmon, the Lord would not pardon me in this thing.' " The amazement and confusion excited by this courageous burst broke forth on all sides. " The whole House," says the narration, " fell into such an uproar and confusion, that for half an hour they could not be reduced into any order, for sometimes ten, sometimes twenty, would be speaking together ; but at length the fury abated, and the House voted they were both guilty of high treason (without any trial at all), and should suffer as in cases condemned for treason. So they called for the keeper of Newgate, to know the usual days for execution in such cases. He told them it was usually on Wednesdays or Fridays ; and then was debated whether it should be done on next Wednes- day or Friday. Then stood up Harry Mar- ten (the droll of that House), who had not spoken before. He said he would not go about to meddle in their vote, but as to the time of ex- ecution he had something to say, especially as HENRY MARTEN. to Judge Jenkins. ' Mr. Speaker,' says he, | ' every one must believe that this old gentle- man here is fully possessed in his head that he is pro aris et focis mori that he shall die a martyr for this cause ; for otherwise he never would have provoked the House by such biting expressions ; whereby it is apparent that if you execute him, you do what he hopes for and desires, and whose execution might have a great influence upon the people, since not condemned by a jury : wherefore my motion is, that this House would suspend the day of execution, and in the mean time force him to live in spite of his teeth;' which mo- tion of his put the House into a fit of good- humour, and they cried, ' Suspend the day of execution.' So they were returned back to Newgate." Anything more exquisite than this, wiser in fact, more benevolent or humane in purpose, more happy in its turn of wit, is not even re- corded among the sayings of Harry Marten. The conclusion of the incident is well worth giving, not less for its interest in itself, than as a proof and confirmation of the sound sagacity which guided Marten in his interference on this as on every similar occasion of the wisdom which was the undercurrent of his wit. On their return to prison, Sir Francis Butler " asked the judge whether he had not been too hardy in his expressions to the House. ' Not at all,' said he ; ' for things of a rebellious na- ture have been so successful in this kingdom, and have gotten such a head, that they will al- most allure the weak loyal man to comply there- with, if some vigorous and brave resistance is not made against them, and to their faces ; and this was the cause why I said such home things to them yesterday. And although I have op- posed rebels and traitors all my life hitherto, yet I persuade myself that at the time of my execution, on the day of my death, I shall be like to Samson, and destroy more Philistines than I ever did in all my life that is, confound their rebellious assertions ; and in this thought of mine I am so wrapped up, that I hope they won't totally suspend my execution.' " His companion's wonder may be conceived by this time to have reached an intense pitch. The brave old judge soon satisfied it : "I will now," said the judge, " tell you all that I intend to do and say at that time : first, I will eat much liquerish and gingerbread, thereby to strengthen my lungs, that I may extend my voice far and near, for no doubt there will be great multitudes at the place ; and then / will come with Bracton's book hung upon my left shoulder, with the statutes at large hung upon my right shoulder, and the Bible with a riband put round my neck, and hang- ing on my breast. Then I will tell the people that I was brought there to die for being a traitor ; and in the words of a dying man, I will tell them that I wish that all the traitors in the kingdom would come to my fate. But the House of Commons, I will then tell them, never thought me a traitor, else they would have tried me for such, in a legal manner, by a jury, ac- cording to the custom of this kingdom for a thousand years. They have indeed debarred me from my birthright, a trial by my peers, that is, a jury ; but they knew, and that is it, that I am not guilty according to law. But since they will have me a traitor, right or wrong, I thought it was just to bring my counsellors with me, for they ought to be hanged as well as I, for they all along advised me in what I have done. Then shall I open Bracton to show them that the supreme power is in the king,* the statute-book to read the oath of allegiance, and the Bible to show them their duties. All these were my civil counsellors, and they must be hanged with me ! So when they shall see me die," concluded the old man, " thousands will inquire into these mat- ters, and having found all I told them to be true, they will come to loath and detest the present tyranny." Alas for this romantic project, not unlikely to have proved a wise one ! The wit of Mar- ten proved wiser still, and the imaginative old judge was left merely to indulge in anticipa- tions of his day of execution, which proved as vain as they were fond. The next service of humanity in which we find Harry Marten's wit engaged was a service to literature no less. He preserved the life of the author of Gondibert. Taking advantage of that misfortune of the poet, which the pleas- ant doggerel of Suckling has commemorated (no less than the questionable taste of the poet's wife, in the portrait prefixed to her edi- tion of his works) " Will Davenant, ashamed of a foolish mischance That he had got lately, traveling into France, Modestly hoped the handsomeness of his muse Might any deformity about him excuse taking advantage of this, when the proposition for his death was in agitation, Marten rose, and infused mercy and good-humour into the House by observing that really Will Davenant was but a rotten and imperfect subject, and that sac- rifices " by the Mosaic law" were always re- quired to be pure and without blemish. The question was deferred, and the ultimate inter- position of Milton and Whitelocke completed the act of mercy, t Merciful and kind-hearted as Marten was, however, no one had a firmer or more immove- able temper when in his own view of the pub- lic interests they seemed to demand its exer- cise. He was the most violent and unyielding of Republicans, the first to avow that faith, and the first to pursue unflinching, and at all haz- ards, the great object of its realization. After the reverses of Charles had thrown him into the power of the Parliament, Marten was the resolute opponent of all accommodation that had' for its basis the restoration of a limited mon- archy ; and in the course of one of the debates on this subject after the battle of Naseby when one of the members had been urging on the House the still surviving reverence of the people for their monarch, as exemplified in the account of the passage of Charles (under the conduct of the Parliamentary commissioners) from Newcastle to the palace of Holmby, where, as was alleged, multitudes had thrown * The fervid old gentleman still more fortified his friend and his own purpose at this point by reading at full length all the original passages from these authorities: it is not necessary to give them here. t Aubrey's Lives, vol. ii. of Bodleian Letters, p. 308. The first half of the third book of Gondibert was written while in the prisons of the Commonwealth ; and he quitted it thus imperfect, alleging, in ever-memorable and lofty words, that " even in so worthy a design he should ask leave to desist, when he was interrupted by so great an ex- periment ai dying." 360 BRITISH STATESMEN. themselves in his way, to show him their rev- erence and their pity Marten observed that he had heard of it ; that the majority of the people had been afflicted with the king's evil, and sought his majesty's touch to cure them ; but he was very sure, for his own part, that a touch of the great seal of the Parliament would be found to possess precisely the same virtue, and he added his preference for that. In the long strife which followed between the Independents and the Presbyterians, and in- volved the fate of Charles and of the monarchy, Marten was the most active and persevering of the opponents of the king. He held that it was impossible to treat with such perfidy, con- stant insincerity, and bad faith as the whole of Charles's public life had exhibited, and which was now crowned by the disclosure of the con- tents of the cabinet left on the field of Naseby. He urged the immediate and firm settlement of a new frame of government, without present relation to the person of the king, or to ques- tions that would be best disposed of afterward ; and when, upon the refusal given by Charles to the first propositions voted him by the influence of the Presbyterians, the commissioners depu- ted to treat having brought back that refusal from the captive monarch, and received the thanks of the House of Commons for the way in which they had conducted themselves, Mar- ten startled the majority of members present by suddenly getting up and asking, " Nay, are not our thanks rather due to the king, who has rejected our offers 1 " He had not overrated the importance of that rejection. The day that succeeded was a day of stormy debate, and in the midst of it Marten moved,* and Hazlerig seconded, that no more addresses should be made to the king ; that his person should be demanded, and that Fairfax's army should march into the North, to enforce the applica- tion. " We know not," says Baillie, in a letter written at the moment, " we know not at what hour they will close their doors, and declare the king fallen from his throne." The Independents and Republicans had in- deed the advantage now, and through many difficulties and dangerous struggles (which they surmounted with the true genius of statesmen, by strength of character and elevation of aims) they pursued it home. The last thing that re- mained for them to subdue was the treachery of the Sco'ttish people, or, rather, the treachery of the Scots commissioners, supported by the religious bigotry of the mass of the Scottish people. In the questions which this involved, Marten took part with an infinite zeal ; and when the commissioners, in pursuance of their plan, claimed the right of interference and dic- tation in the terms of peace proposed at the close of 1647 to the royal prisoner, a strain of wit and eloquence, of the happiest ridicule as of the most exquisite reasoning, was poured out against them with irresistible effect by the genius of Harry Marten. The readers will be grateful for having this masterly production laid before them, which is richly entitled to that notice it would no doubt have received from the historians, if it had happened to be made up, not of wisdom and of wit, but of dulness and falsehood. * See Hollis, p. 58. He begins in a very clear, startling, and de- cisive tone ; the force of plain expression is, indeed, strongly illustrated throughout, and heightened not a little by occasional dashes of humour. " To RECTIFY, NOT TO UPBRAID YOU ! YOU have, for divers years together, been very well entreated by us of this nation, and that from a willingness we ever had, as upon all occasions, so particularly in your persons, to manifest the brotherly respect we bear towards them who sent you. Upon the same account, many for- mer boldnesses and provocations of yours have been winked at by the Parliament, as, I ana confident, your last answer would likewise be, did you not therein seem to have remained here so long as to have quite forgotten why you came. " You may therefore please to remember that it was no part of your first business (whatever supplemental commissions may have since been procured for a farther exercise of our patience since you came among us) to settle religion, nor to make a peace in England ; so as all those devout-like and amicable endeavours, for which you think to be thanked, were not only intru- sions into matters unconcerning you, but so many diversions from performing, as you ought, what was properly committed to you. " As for our religion : since the zeal of your countrymen would needs carry their care there- of so far from home, methinks their divines, now sitting with ours at Westminster, might excuse your trouble in this particular, or at least might teach you, by their practice, that your advice therein to the Pailiament is to be but an advice, and that an humble one. " As for the other particular of peace : it is true that, about three years ago, here were am- bassadors from our neighbours of the Low Countries, who, having found the king almost weary of fighting, made use of their privilege, and did his errand instead of their masters' ; which was with big words to beg a peace. After that, when the king's cause had nothing left to lean upon but the treachery of our false friends and servants, an ambassador from our neighbours of France did, en passant, make a certain overture of accord betwixt the crown and the head ; but your employment here from our neighbours of Scotland had so little rela- tion to peace, that your only work was to join counsels with a committee of ours in ordering and disposing such auxiliary forces as that king- dom should send into this for carrying on the war. " As to the delays you charge upon the Par- liament, in that they answer your papers some- times late, and sometimes not at all, yet re- quire peremptory and speedy resolutions from you, as if their dealings were unequal towards you : I hope you will give over making such constructions when you shall consider how much more busines lies upon their hands than upon yours, and how much slower progress the same affairs must needs find in passing both Houses than if they were to be despatched only by four or five commissioners. Were not I conscious to this truth, and to the abundant civility they have always shown for you in their undelayed reading, present referring, and de- sire of complying with what you send them, so far as might consist with their duty to this HENRY MARTEN. 361 Commonwealth, and that they want nothing but time to say so, I should never have pre- sumed to trust so great a cause upon the pat- ronage of so rude a pen ; neither, indeed, is it left there, my design being to let the world ima- gine how strong a stream of justice runs on our side, when I dare oppose the reasons of my single lark against all the advantages of number, abilities, and countenance that you can meet me with." The reader needs not be told, after what I have said in the life of Vane, that the positions taken up by the Scots commissioners, backed as they were, for the most part, by the Pres- byterian party in England, rendered it neces- sary that this decisive tone should be adopted against them. The great party, of which Mar- ten was so eminent a member, had, indeed, rea- son to hate the Presbyterians nearly as much as they hated the Royalists. What the Inde- pendents had fought for through the whole of the struggle with Charles, was liberty ; not lib- erty in one sense only, but in a sense that should pervade all things. The seven years that had been passed in toil and battle would indeed have been passed to little puroose in their view, and all the miseries of ctvil war been rushed into wickedly and in vain, were it all now to end in the restoration of a perfidious king, in the persecution or extirpation of sects, and in the establishment of a form of govern- ment in the Church not less exclusive and in- tolerant than the old. These were the objects now plainly driven at by the Scots commission- ers ; and in these objects the Presbyterian party in Parliament entirely sympathized, though the character they had to lose as friends to political freedom and the earliest instigators of the war made them necessarily wary and cautious in declaring their sympathy too boldly. Marten takes advantage of the latter circumstance throughout the whole of this paper with great adroitness and skill. The severity of the following passage is much increased and strengthened by its happy homeliness : " For order's sake, I shall take the pains to set the body of your discourse as upright as I may (its prolixity and perplexity considered) upon two feet : one is, the claim you make in behalf of the king- dom of Scotland to the inspection of, and conjunc- tion in, the matter of our laws and the condi- tions of our peace ; the other, mistaking the first for evinced, is your telling us what you think fit, and what unfit, for us to establish in our Church and state, and what way you conceive most proper for obtaining of a peace betwixt the king and us, together with the proofs where- with you seek to fortify your several opinions. " It would give your first foot too much ground to hold dispute with you upon the sec- ond ; therefore, since a man may see by your forwardness in printing and publishing both these and other your transactions with the Houses, that your arguments, like the king's in his messages, are not framed so much to satis- fy the Parliament as to beget in the people a dis- satisfaction towards the Parliament, I will, God enabling me, take a time apart to undeceive my countrymen concerning both the king and you, by laying the hook as open as the bait in all your lines ; and, for the present, apply myself only to the showing you, that when you shall Zz have offered your counsel to the Parliament of England (as for aught I know any one man may do unto another) in matters concerning this kingdom only, though the most wholesome counsel that ever was or can be given, and the Parliament shall not approve of it, nor have so much as a conference upon it, it is no more man- ners in you than it would be in the same number of Spaniards, Indians, or of the most remote re- gion of the earth, to press it again, to insist upon it, and to proclaim your unsatisfaction in it." The pretences of the Scots, and the serious invasions they implied on the newly-achieved freedom of England, are next ably exposed. The introduction of the subject of the army is aimed not less at the Parliamentary Presby- terians. " Let us, with your favour, consider your pretences : you do not aim, as yourselves pro- fess, at sharing in our rights, laws, nor liberties, but in other matters, viz., such as either in their own nature, or by compact, are common to both kingdoms ; which I take the more no- tice of, because one would suppose you to be grown kinder now than you were the other day, when you went about to make us believe that nothing in our laws did properly belong to us but the form and manner of proceeding therein, the matter of them being held in common with the kingdom of Scotland ; and therefore, and for their possibility of containing something prejudicial to that kingdom, to be revised by you before they receive their perfection. " But the truth is, you are still where you were, only the people's ears are, by this time, so habituated to the doctrines you frequently sow among them those doctrines so improved by your seminaries, who find their own inter- est interwoven with yours, and the Parliament seeming but a looker on that you persuade, yourselves anything will pass that you shall set your stamp on ; otherwise you would certainly have been ashamed to disavow the busying yourselves with our rights, laws, and liberties, and, with the same breath, to dispute our rights, correct our laws, and infringe our liberties. " Nay, contrary to that moderate concession of yours, you do, in this answer, intrench upon the very form and manner of our bills and propo- sitions ; and, as if the marshalling them, the put- ting them into rank and file, were to be by your order, you take upon you to appoint which of our desires shall have the van, and which the rear, in this expedition. " And (which is the most pleasant part of the story, if it would take, as truly such a thing might have done, when you and we were first acquainted), though the Parliament of England, as I told you even now, would not order the motions of the Scots army that served us in our country and for our pay but by conjunction of councils with commissioners of that kingdom, yet you (as you could not forbear meddling with our army when it was in modelling) so do in this paper continue the office you put yourselves into, of disposing, disbanding, dismembering, catechizing, and re- viling this army of ours, the greatest bulwark, under God, of our liberties, and which yet had proved ineffectual if your councils had been follow- ed or your importunities regarded. " Since, then, your way of advising us is not in a modest or submitting manner, but as if you 363 BRITISH STATESMEN. meant to pin your advice upon us whether we will or no, give me leave, I pray you, to exam- ine qua fiducid, promising you faithfully for my part that whensoever you shall bring the mat- ters contested for within the rules of your own setting down, that is, ' either in nature or by covenant, or by treaty, to be of a mixed con- cernment,' I will either not deny you a 'joint interest' in them, or acknowledge myself to have no more honour nor conscience in me than he may be said to have who, being in- trusted for his country, gives up their dearest rights to the next stranger that demands them without so much as arguing the point." Great earnestness, zeal, and force are singu- larly united in this remarkable paper with a certain studied and cold tone of temperance, and downright homeliness of manner. The al- tered position of the Scots since the conclusion of the war is exquisitely illustrated in the an- swer to their first argument. " Your arguments, by my computation, are five, and, if I understand them, speak thus : "AEG. 1. ' The same common interest upon which Scotland was invited and engaged in the war, ought to be continued (so I read you, and not ' improved,' (hat being a wild expression, and reaching neither you nor I know whither) in ma- king the peace.' For answer thereunto, should I admit it, the word ' invited' put you in mind that your countrymen came not to the war be- fore they were called : keep you the same method in accedendo ad consilium, and we shall still be friends. But I cannot subscribe to this position, for I believe it was a duty that the people of Scotland did owe unto themselves to give us their assistance in the late war, though they had not been invited ; yet doth it not fol- low from thence that when the war is ended (a* you often say it is, and yet most riddingly take huge pains for peace) they are bound to mingle with us in our councils, nor help us to settle our own kingdom, which we think our- selves able to settle well enough without them at least without their prejudice, to whom a good peace or a bad, so as it be a peace, is the same thing : for instance, the law of this land that gives me leave to pull down my -neighbour's house when it is on fire, in order to the quenching of it for the securing of my own, will not author- ize me, against his will, to set my foot within his threshold when the fire is out, even though I make it my errand to direct him in the rebuilding of his house, and pretend the teaching him so to contrive his chimneys as may, in all probability, prevent, for the future, a like loss to him, a like danger to myself. " ARG. 2. You demand the same conjunction of interests to be given you that was had of you. There I join issue with you, and profess, that if ever the Parliament of England, or any authority derived therefrom, did offer to put a finger into the proper affairs of Scotland, or into the government, civil, ecclesiastical, or military, oT that kingdom, and being once required to de- sist, did, notwithstanding, prosecute their title of advising, volentibus nolenlibus, I shall readily, BO far as in me lies, grant you to have a hand with us in the managing of this kingdom and the government thereof." The next extract is of great importance, as a protest on the part of a leader of the Inde- pendents declaratory of the nature and force of the obligation of the covenant. The passage in itself is most masterly. It strengthens and establishes, it will be seen, Vane's own view of that league of which he was the author, and which, were every other record of his life de- stroyed, would yet permanently attest the great- ness of his genius and the force of his charac- ter. With what a careless yet noble simplicity Marten describes the wise and tolerant faith of the Independents ! "ARG. 3. You affirm that the covenant en- tered into betwixt us makes you copartners with us in everything there mentioned ; by which reckoning, neither this nation nor that of Scotland hath any right, law, or liberty which either can properly and distinctly call its own, but both interests are jumbled together, and the two kingdoms are not confederate, but in- corporated. " Concerning the Covenant, therefore, which myself, among others, considering it first as well as I could, have taken, I shall shortly give you my sense in relation to the point before us : " First, I do not conceive the parties to that league intended thereby to be everlastingly bound each to the other ; the grounds of stri- king it being merely occasional, for the joining in a war to suppress a common enemy ; ac- cordingly, we did join ; the enemy is, if we be wise, suppressed, and the war, as you say, end- ed ; what should the Covenant do, but, like an al- manac of the last year, show us rather what we have already done than what we be now to do ? " Secondly, What would it do were it re- newed and made perpetual 1 Thus much it saith, in my opinion, and no more : whensoever you shall be violently hindered in the exercise of that religion you had among you at the time of the engagement, and shall require our as- sistance, we must afford it you for the removal of that violence. In like manner, whensoever we shall be so hindered in the exercise of that religion which we, according to that Covenant, shall establish here, upon request to you made for that effect, you are tied to assist us ; and so throughout all the other clauses respectively and equally ; carrying this along with you, we are hereby obliged to the reciprocal defence of one another, according to the declaration of the party wronged in any of the particulars there compromised, without being cavilled at, or scrupled by the party invoked ; whether your religion be the same it was, or ours the same it should be ; whether the bounds of your liberties or ours be not enlarged beyond their then line ; whether your delinquents or ours be justly so or no : for the native rights of both people being the principal, if not the only thing we looked on when we swore, we do not keep our oath in preserving those rights if we do not allow this master-right to each several people, namely, to be sole judges within themselves, what religion they will set up, what kind of laws they will have, what size, what number of magistrates they hold fit to execute those laws, and what offend- ers to be tried by them. Hereupon you know we did not inquire at all how orthodox your re- ligion was before we vowed to maintain you in it ; that is, in the quiet professing of it, not in the theological truth of it, which last were a business for a University perhaps, not for a kingdom, be- HENRY MARTEN. 363 ing well assured it was established by them who had all the authority that is visible to choose for themselves, and could not, without apparent breach of order, and injury to fundamentals, be disturbed in the exercise of what they had so chosen. " So far is the plain text of this Covenant from confounding interests, that it clearly set- tles and confirms them upon the several bases where it found them. And it would not be un- worthy of you to take heed lest this Covenant, upon which you seem to set so high a rate, be not as easily violated as slandered, since the most deadly wars have been said at least to begin with misunderstandings." The rationale of the famous eighth article of this treaty is now given, in a passage which, for closeness of reasoning, familiar wit of illus- tration, and a vigorous conciseness of style, is quite worthy of Swift. The general case of the Independents is here stated against all their opponents, whether of England or Scotland, with inimitable ease and clearness. " ARG. 4. Your entitling yourselves to a cog- nizance in the conditions of our peace, and, con- sequently, in the matter of our laws, when they relate to an agreement, as I confess the four bills do which were sent, is grounded upon a very great mistake of the eighth article in the treaty, the words whereof are indeed very rightly reci- ted by you, and the article itself so rational, so ordinary, so necessary, in all wars joined in by two states, that I do almost wonder as much what need there was to have inserted it, as I do how it is possible for you to mistake it. It stands briefly thus : one of you (for the purpose), and I (pardon, if you please, the familiarity of the instance), have solemnly engaged ourselves each to the other for our mutual aid against a third person, because we conceived him too strong for either of us single, or because one of us doubted he might have drawn the other of us to his party if not pre-engaged against him ; but whichsoever of us was 1 first in the quarrel, or whatever was the reason of the other's coming in, we are en- gaged ; and, though there were no writings drawn betwixt us, no terms expressed, were not I the veriest skellum that ever looked man in the face if I should shake hands with the common adversary and leave you fighting 1 Against such a piece of baseness, supposing it be like to be in nature, this article provides, and says, that since these two kingdoms were content to join in a war, which, without God's great mercy, might have proved fatal to them both, neither of them shall be suffered to make its peace apart ; so as if the Parliament of Scotland, upon consideration of reasons occur- ring to themselves, should offer to readmit the king into that kingdom, I say, not with honour, freedom, and safety, but in peace, the Parlia- ment of England might step in and forbid the banns, telling them we are not satisfied that an agreement should yet be made ; similiter, if this Parliament would come to any peace with him by bills or propositions, or by what other name soever they call their plasters, you may, being so authorized in name of that kingdom, or the Parliament thereof, intervene and op- pose, telling us that you, who are our fellow- surgeons merely in lancing of the sore, are not satisfied in the time for healing of it up ; but for you to read a lecture to us upon our medi- caments and their ingredients, to take measure of wounds, and to prefer your measure before that of our own taking, was never dreamed on by the framers of this article. " Here it may perhaps be demanded, though not by you, whether, according to my sense of the treaty, tying up both kingdoms to a consent in the fiat, not in the qualisfuerit of peace, if one should be obstinately bent to hang off", the other be necessitated to welter evei lastingly in blood for want of such a concurrence 1 I answer, yes, for these reasons : " First, A wise man will foresee inconveniences before he makes his bargain, and an honest man will stand to his bargain, notwithstanding all in- conveniences. " Secondly, There will be no great encour- agement for any obstinacy of that kind when it shall he remembered that the party obstructing the peace must continue to join in the war, and is liable to all the consequences thereof. " Thirdly, There is another and a more nat- ural way to peace and to the ending of a war than by agreement, namely, by conquest. / think he that plays out his set at tennis till he wins it makes as sure an end of it, and more fair, than he that throws up his racket when he wants but a stroke of up, having no other way to rook those of their money that bet on his side. If I am trust- ed to follow a suit in law for friends concerned therein, together with myself, and daub up a rotten compromise with my adversary, my fel- lows not consulted, but desiring the suit should still go on, it is not fit they should be bound thereby ; but if I continue to do my duty, and bring the cause to a hearing, to a verdict thereupon, and to judgment upon that, such an end of the quarrel I hope I may make with- out their leave, and, if the trial went with me, certainly without their offence. " To return to the nature of confederacies. Is the war wherein we are joined an invasion from without 1 Any one man of either side, if he have strength enough, hath authority enough to end it by repelling the invader. Is it a rebellion from within 1 It were strange to think that any law or engagement should hin- der a single man from ending it, if he be able, by suppressing of the rebels. The unworthy friend in the fable, when his companion and he met a bear in the wood, might have been allowed to kill her himself, but he should not have sought his safety in a tree without taking his friend along with him. " One thing more I shall add to justify the reason of this eighth article, such as might, for its clearness of being implied, have excused its being listed among the rest. Never did any people that joined in arms with a neighbour nation patch up a peace apart with more dis- honour to itself, than either of us should do if we could imagine ourselves to be so vile ; for the common enemy in this war is not a stran- ger unto either kingdom, but the king of both ; so as whichsoever of the two closeth with him by itself, before consent that there shall be at all a closure, doth not only withdraw from the other those aids it should contribute, but of a sworn brother becomes an open enemy. " Here I must observe, that as you put an interpretation upon this article which it will 364 BRITISH STATESMEN. not. bear, and, from the power you have thereby of hindering us from agreeing with the king at all, would enable yourselves to pry into the particulars of our agreement, so you do not on.ce glance at the point which was the true, genuine scope of the article : you do not protest against our making peace with this man, and give such reasons as Jehu did upon a less occasion : you do not wonder what confidence we can repose in him, after all this experience of him, and before so much as a promise of any amendment from him : you do not warn us, by the example of your coun- trymen, what a broken reed we shall lean upon when we make a pacification with him : you do not remember us with what horror the Assem- bly of your Church did look upon his mis- doings, nor what sense both kingdoms had (not of a reconcilement with him, but) of even suffering him to come near the Parliament of England until satisfaction were given for the blood which he had then caused to be shed in the three kingdoms. In fine, you do not say, for you need not give us your reasons, that you will make no peace with the king, therefore we ought not ; but you do as bad as say that you have made your peace already, and that not only without our consent (in despite of the article which you urge against us), but without our privity ; that you are come to a degree be- yond being friends with him, to be advocates for him ; not in meditating that his submission might be accepted, his crimes obliterated, and their salary remitted, but in asserting the same cause which we have been all this while con- futing with our swords the same cause which, what Englishman or Scotsman soever shall endeavour to maintain in arms, is a declared traitor to his country ; and if by his tongue or pen, in that kingdom of the two where he is no native, a manifest incendiary. But there will be time enough to do your errand into Scotland after I have proved England to be a noun sub- stantive, against which you have the shadow of one argument left still." The same soundness and sagacity of view, the same vigour of understanding, at once original and practical, equal force and familiar- ity of illustration, and alike plainness and strength of style, are observable in his treat- ment of the fifth and last argument of these Scots commissioners. " AEQ. 5. The strength of your last reason is this : ' Our Parliament hath formerly com- municated unto you the matter of their propo- sitions and of their bills in order to peace, and generally, indeed, whatever hath passed be- twixt the king and us since the conjunction of the two kingdoms against him ;' thereupon you have offered us your advice concerning the particulars so communicated, and we have reconsidered them upon your advice, some- times complying therewith, at other times making it appear to you why we could not. You say, ' That communication of councils we would never have suffered, if we had not been bound to it, which if we ever were, we still are.' " Custom and constant usage, I acknowledge, doth commonly obtain the name of law ; but the late practice of some four or five years hath not an aspect reverend enough to deserve the name of custom. It is as old, you will say, as a usage can be that is grounded upon a treaty of the same age, and shall be sufficient to sig- nify how the parties to the treaty did under- stand their own meaning. I should not deny this pretence of yours to be more than colour- able, if you could prove that our transactions with the king were imparted to you in relation to that engagement ; nay, if I could not show you upon what other ground we did, and that we could not reasonably be imagined to do it upon that. " First. To prove what the Parliament had in their intentions when they advised with you, I believe you will not undertake ; especially this being the first time, to my remembrance, that this point came in question betwixt us. I shall therefore endeavour to tell you, as near as I can, having been an attentive witness to most of their debates upon that subject, what it was that moved them to give your challenge so much probability of advantage as this amounts unto : you ask that now without being answer- ed, which you were not to have without asking. You were so, and that from these two roots : one was the extraordinary care the Parliament had to omit no act, no circumstance of civility towards you, which might express or preserve the amity and correspondence betwixt them and your masters, though they were not igno- rant what extreme prejudice courteous and good-natured men have often drawn upon them- selves in their dealing with persons of a con- trary disposition ; another was, since both king- doms have been embarked in the same cause, as men of war, and were afterward resolved to trade for peace since the commodities of both were to be stowed in the same bottom, and bound for the same port, we thought it but an ordinary piece of friendship for us, who could make no markets when we should be arrived without your allowance, to open and let you see, before we launched, our several parcels and instructions concerning what we would ex- port and what bring home ; not that we meant to consult you what kind of merchandise you thought fittest for us to deal in (which, ques- tionless, is better known at the Exchange than at Edinburgh), nor to follow such advice there- in as you should give us without asking, any farther than we liked it (and so far the best mer- chant in London is content to be ruled by the swabber of his ship), but merely to the end you might, if you pleased, from our example, and from your approbation of the wares we were resolved to deal in, furnish that kingdom whose factors you were with merchandise of the same kind ; and for evidence that the freedom we used towards you was no otherwise understood by you ; you did actually underwrite divers of our bills of lading in these syllables, ' The like for the kingdom of Scot- land.' " It remains to be showed how little reason there is you should fancy to yourselves such a ground of the Parliament's former openness to you as you strive to father upon them ; for, first, if they had communicated their proposi- tions to you, as conceiving the word agreement in the eighth article to comprehend all the preparations to, materials of, and circumstances in, an agreement, they would not have adhered, as many times they did, unto their own reso- lutions, notwithstanding your reiterated dissat- isfaction. HENRY MARTEN. 365 " Again : If they had conceived themselves bound to any such thing by this article, would they not have thought the kingdom of Scotland as much bound for their parts 1 Should we not have been as diligent inspectors and castigators of your propositions as you have made your- selves of ours 1 " When you shall ask me (setting the point of duty aside, and granting all that hath been done by us in this kind to have been voluntary) why we do not observe the same forwardness in communicating our matters to you, the same patience in expecting your concurrence with us, and the same easiness of admitting your ha- rangues and disputations among us, which you have heretofore tasted at our hands, and how we are become less friendly than we were 1 I have this to say, there is some alteration in the condition of affairs: so long as we needed the assistance of your countrymen in the field, we might have occasion to give you meetings at Derby House, and now and then in the Painted Chamber, it being likely that the kingdom of Scotland might then have a fellow-feeling with us for the wholesomeness or perniciousness of your counsels ; whereas now, since we are able, by God's blessing, to protect ourselves, we may surely, with his holy direction, be sufficient to teach ourselves how to go about our own busi- ness, at least without your tutoring, who have nothing in your consideration to look upon but either your particular advantage, or that of the kingdom whence you are ; and as there is some alteration in affairs, so there is very much in persons, I mean in yourselves, unless, being in- deed the same at first which now we find you, you only wanted an opportunity to appear ; but, whether you be changed or discovered, what Englishman soever shall peruse the papers that you have shot into both Houses of Parliament, especially into the House of Commons, these last two years, but would as lief take advice from the king as from you 1 And if a stranger should read them, he would little suspect the writers for friends or counsellors, but for plead- ers, for expostulators, for seekers of a quarrel ; and that (which is the most bitter weed in the pot) in the behalf, not so much of them who did employ you, as of him against whom you were employed, and against whom, if you were Scots- men, nature would teach you to employ your- selves. " By this time / hope you see we have greater cause to repent that we have kept such thorns thus long in our sides, than to return with the dog to the same vomit, and with the lazy sow, scarce cleansed of her former wallowing, to bemire ourselves again. I bestow a little the more ink upon this point, because I would prevent like claim hereafter, and have it left to the liberty of this nation, next time they shall be invaded or oppressed, though they did once call in all their brethren of Scotland to their aid, whether they will do so any more or no." The bitter severity, the supreme scorn of these masterly sentences, were long remember- ed and referred to. An entire and perfect con- tempt scorneth nicer phrase. The close of the paper, so remarkable in every way, illustrates with almost superior force the Republican fer- vour of Marten's views, the various wit of his illustrations, and the Republican plainness and strength of his style. " Having gone through your five arguments, at the end of your dozen commandments (so I call desires that must not be slighted on pain of incurring the guilt of violating engagements, and of such dangers as may ensue thereupon), I observe one engine you use, whereon you lay more weight than upon all you say besides : it begins with a flourish of oratory, bespeaking a fair interpretation of your meaning, though your motion be to take the right eye out of every one of our heads ; then you think to make your desires legitimate with fathering them upon a kingdom, and put us in mind how well that kingdom hath deserved to reign over this ; for to the offering of desires, as desires, there needs no merit, sure ; but since your opinion (that the advan- tages of honour lie all on that side, and that obligations of this sort have not been as recip- rocal between both nations as those of leagues and treaties) will force my pen upon this sub- ject, I shall let you know that somewhat may be said, when modesty gives leave, on this side too ; and yet all the kindnesses we have received from Scotland shall, by my consent, not only be paid for, but acknowledged ; and I can be con- tent to believe that our neighbours did not know how ill we were till we were almost past cure, and therefore came slowly to us ; that they did not know how well we were in a year after we had nothing for them to do, and there- fore went slowly from us ; only I would have it confessed that the fire we talk of was of your countrymen's kindling, began to burn at your house, to be quenched at ours, and by our hands. " But admit this nation had been merely passive in this war, and did owe their deliver- ance out of the king's talons wholly to the Scots nation : if the rescuer become a ravisher, if they have protected their own prey, they have merited only from themselves, and have their reward in their own hands. What have we got- ten by the bargain 1 What have we saved 1 What have we not lost 1 For if once you come to fetch away my liberty from me, I shall not ask you what other thing you will leave me ; and the liberty of a people governed by laws consists in living under such laws as themselves, or those whom they depute for that purpose, shall make choice of. To give out orders is the part of a commander ; to give laws, of a conqueror ; although our Norman did not think fit so to exercise his right of con- quest ; nay, our condition would be lower and more contemptible if we should suffer you to have your will of us in this particular, than if we had let the king have his ; for, " First, A king is but one master, and therefore likely to sit lighter upon our shoulders than a whole kingdom ; and if he should grow so heavy as can- not well be borne, he may be sooner gotten off than they. You shall see a Monsieur's horse go very proudly under a single man, but to be charge en croupe is that which nature made a mule for, if nature made a mule at all. '' Secondly, The king never pretended to the framing and imposing of laws upon us, as you do : he would have been content with such a negative voice therein as we allow you in the making of our peace with him. Did we fight rather than afford him so much, though seem- ingly derived unto him from his predecessors ; and shall we tamely give you more give you 368 BRITISH STATESMEN. that which your ancestors never yet durst ask of ours 1 " Thirdly, It had been far more tolerable for the king than for any foreign nation to have a share in the making of our laws, because he was likely to partake, and that largely, in the benefit of them, if good ; in the inconveniences, if bad ; which strangers are not ; nay, contra- rily, it is matter of envy and jealousy betwixt neighbours to see each other in a flourishing estate : so as the proper end of laws being to advance the people for whom they are made in wealth and strength to the uttermost, they are the most incompetent judges of those laws in the world whose interest it is to hinder that people from growing extremely rich or strong. " But what hath been already said, and by a word or two of close, it will, I hope, appear, that the claim you make to the voting with us in the matter of our laws and the conditions of our peace, as a thing whereunto we should be obliged by agreement, is, " 1. Mistaken in matter of fact, there being no such engagement on either side. " 2. Unreasonable, for the considerations above mentioned, and for being destructive to the very principles of property. " 3. Unequal (notwithstanding the reciproca- tion), more than Cyrus's childish judgment was, in making the little boy change coats with the great one, because his was long and the other short ; for our coats are not only longer than yours, but as Jit for us that do wear them as for you that would. 11 4. Unusual, there being no precedent for it that I could ever read or hear of; and yet there have been leagues betwixt states of a stricter union than this betwixt us, as offensive and de- fensive, ours only defensive. " 5. Unsafe, for the keeping up of hedges, boundaries, and distinctions (I mean real and jurisdictive ones, not personal and titulary) is a surer way to preserve peace among neigh- bours than the throwing all open. And if every man be not admitted wise enough to do his own business, whoever hath the longest sword will quickly be the wisest man, and disinherit all his neighbours for fools. "6. Impossible to be made good to you, if it had been agreed ; for the Parliament itself, from whom you claim, hath not, in my humble opinion, authority enough to erect another au- thority equal to itself. " As for your exhortations to piety and loy- alty, wherewith you conclude : when you have a mind to offer sacrifice to your God and tribute to your emperor (since the one will not be mocked, and the other should not), you may do well to do it of your own ; and to remember THAT THE LATE UNNATURAL WAR, WITH ALL THE CALAMITIES THAT HAVE ENSUED THEREON, TOOK ITS RISE FROM UNNATURAL ENCROACHMENTS UPON THE SEVERAL RIGHTS AND LIBERTIES OF TWO NA- TIONS, RESOLVED, IT SEEMS, TO HOLD THEIR OWN WITH THE HAZARD OF A WAR, AND ALL THE CA- LAMITIES THAT CAN ENSUE THEREON." The result of these exertions against the Scots by Marten and his friends was to estab- lish the irreparable breach so long desired, and prepare the way for the last victory of the In- dependents. The four bills imbodying the con- ditions of treaty were sent to the king for his assent.* The Scots commissioners arrived at the Isle of Wight exactly one day later than the commissioners of the Parliament, and with much formality delivered to the king a protest against the bills, but with the secret object of pressing an alliance with Charles that should put an end to the ascendency of Cromwell, of Vane, and their bitter assailant Marten. The weak and perfidious king rejected the bills of the Parliament, and at the same instant signed a secret treaty with the Scots, by which he bound himself to renounce Episcopacy, and ac- cept the Covenant in solemn Parliament of both kingdoms. By this act he renounced also forever the character which has so long and so idly been ascribed to him, of the Church of England's martyr. They who say he died for the Church of England cannot say also that he refused to set his hand to the surrender of it. After the treaty the Scots left the Isle of Wight to prepare for war with their brethren of Eng- land, and the Parliamentary commissioners re- turned to London with that news which Vane, Cromwell, Marten, and Ireton were only wait- ing for to induce them to begin their operations at once for changing the form of government of this country from a monarchy into a republic. Marten drew up a resolution, which was sup- ported with startling force by Ireton and Crom- well in a short debate recorded by Clement Walker, t The resolution declared " that they would offer no farther addresses or applications to the king ; that no addresses or applications should be made by any one without leave of the two Houses ; and that whoever contra- vened this order should be liable to the penal- ties of treason." After a violent speech from Sir Thomas Wroth in support of the resolution, according to Clement Walker, Ireton rose, and spoke with calm but fatal moderation. He said" that " the king had denied that protection to the people which was the condition of obe- dience to him ; that after long patience they should now at last show themselves resolute ; that they should not desert the brave men who had fought for them beyond the possibility of retreat or forgiveness, and who would never forsake the Parliament unless the Parliament first forsook them." After some farther de- bate, Walker adds, " Cromwell brought up the rear." It was time, he said, to answer the public expectation, that they were able and re- solved to govern and defend the kingdom by * Clarendon has altogether misrepresented the nature of these bills, and directly and unequivocally falsified the de- scription of the last two of them. See Godwin's History of the Commonwealth, ii , 474, note. t Hist, of Independency, p. 70. Walker's account is borne out by this very striking passage of a pamphlet by May on the " Origin and Progress of the Second Civil War." It is to be found in Masere's Select Tracts, vol. i., 108. "On the third of January, the House of Commons debated of this denial of the king : the dispute was sharp, vehement, and high about the state and government of the Commonwealth ; and many plain speeches made of the king's obstinate averse- ness, and the people's too long patience. It was there af- firmed that the king, by his denial, had denied his protec- tion to the people of England, for which only subjection is due from them ; that, one being taken away, the other falls to the ground ; that it is very unjust and absurd that the Parliament (having so often tried the king's affections) should now betray to an implacable enemy both themselves and all those friends who, in a most just cause, had valiantly adventured their lives and fortunes ; that nothing was now left for them to do but to take care for the safety of them- selves and their friends, and settle the Commonwealth (since otherwise it could not be) without the king. HENRY MARTEN. 367 their own power, and teach the people that they had nothing to hope from a man whose heart God hardened in obstinacy. " Do not," he concluded, " let the army think themselves betrayed to the rage and malice of an irrecon- cilable enemy, whom they have subdued for your sake, from whom they should meet re- venge and justice ; do not drive them to de- spair, lest they seek safety by other means than adhering to you, who will not stick to yourselves ; and (laying his hand on his sword) how destructive such a resolution in them would be to you all, I tremble to think, and leave you to judge." A division after this debate, in- volving the principle of the resolution, was carried by a majority of 141 to 92, and estab- lished beyond question the power of the Inde- pendent or (now) Republican party. The Lords, after two days' delay, concurred with the Com- mons, and a declaration from the Republican officers attested with opportune force the gal- lant devotion of the army. Charles's last rea- sonable chance had now disappeared forever ! In all the subsequent proceedings against him Marten acted a foremost and distinguished part. Relying on the good faith of Oliver Cromwell, at this time the most intimate of his friends, he assisted him to the utmost, in common with the other Republicans, in strengthening the civil influences and power of the army. Sup- posing Cromwell to have already formed to himself his secret projects of ambition, it must nevertheless be admitted that the measures in which Vane and Marten now co-operated with him were not such as seemed likely to conduce to a scheme of personal usurpation. These measures had become absolutely necessary to meet the determined and fierce hostility of two great parties, the Presbyterians and the Royal- ists (still strong even in their defeat, because the known prejudices and habits of a great majority of the English people in favour of a monarchical executive secretly sustained some of the weakest points of their cause) ; and Vane and Marten could scarcely have supposed that in promoting the organization of an armed and enthusiastic democracy with a view to sur- mount these potent obstacles, they were not doing everything within their then limited means to advance the cherished project of a pure republic. But this question, so far as Vane is concerned in it, has already been dis- cussed. Marten's belief in Cromwell's sincerity lasted longer than Vane's, not less, perhaps, because of a less subtle and more relying tem- per, than that he was, by reason of his com- mission in the army, more mixed up with the absolute personal interests of that great body. When Fairfax began his ominous advance upon London, after the famous rendezvous at Newmarket, Marten joined him in his capacity as colonel, and was understood not only to have taken an active share in the various consulta- tions of the officers, but to have assisted Ireton in his famous papers and representations to the House of Commons, drawn up on behalf of the army. Let those who imagine such conduct to have directly favoured the subsequent es- tablishment of military despotism first under- stand what these representations were. " We are not," says the preamble of one of them, " a mercenary army, hired to serve any arbi- trary power of state, but called forth and con- jured by the several declarations of Parliament to the defence of our own and the people's just rights and liberties ; and so we took up arms in judgment and conscience to those ends, and are resolved according to your first just de- sires and declarations, and such principles as we have received from your frequent informa- tions and our own common sense concerning these our fundamental rights and liberties to assert and vindicate them against all arbitrary power, violence, and oppression, and all par- ticular interests and parties whatsoever." This consideration should, indeed, never be lost sight of in pronouncing upon the events of this memorable crisis. When these men saw that all they had fought and bled for in fields where their courage and genius for command had re- vived memories of the men of Cressy and of Poictiers when they saw the dearly-won liberty at last within their grasp, endangered by the exclusive and intolerant views of the Presbyterians, they merely stepped out of the ranks wherein they had not fought for hire, but for the interests of their children and their homes, and, as citizens, threw their weight into the scale of parties, with a demand that those interests might not be sacrificed again to the predominance of bigotry or intolerance, no matter what the form they might assume. A subsequent passage in the paper already quoted will illustrate farther the exact sympa- thy of Marten and the officers, up to this period and beyond it, with the views of Vane and with the purest doctrines of popular govern- ment. " And because," they said, " the present distribution of elections for Parliament mem- bers is so very unequal, and the multitude of burgesses for decayed or inconsiderable towns (whose interest in the kingdom would in many not exceed, or in others not equal, ordinary villages) doth give too much and too evident opportunity for men of power to frame parties in Parliament to serve particular interests, and thereby the common interest of the whole is not so minded, or not so equally provided for, we therefore farther desire, That some pro- vision may be now made for such distribution of elections for future Parliaments as may stand with some rule of equality or proportion, as near as may be, to render the Parliament a more equal representative of the whole ; as, for instance, that all counties, or divisions and parts of the kingdom (involving inconsiderable towns), may have a number of Parliament-men allowed to their choice proportion ably to the respective rates they bear in the common charges and burdens of the kingdom, and not to have more, or some other such like rule. And thus a firm foundation being laid, in the author- ity and constitution of Parliaments, for the hopes at least of common and equal right and freedom to ourselves and all the freeborn peo- ple of this land, we shall, for our parts, freely and cheerfully commit our stock or share of interest in this kingdom into this common bot- tom of Parliaments ; and though it may, for our particulars, go ill with us in one voyage, yet we shall thus hope, if right be with us, to fare better in another." Two centuries were allowed to pass, and a new settlement of the Constitution and the crown was suffered to be 368 BRITISH STATESMEN. made, before the simple, wise, and manly claims of these Republican officers, headed by the mild and modest Fairfax, the resolute Cromwell, the pure and lofty-minded Ireton, the witty, light-hearted, and so-called mercurial Harry Marten, were conceded to the English people ! Some months after the date of this repre- sentation from the army, when the Presby- terians, assisted by some disturbances among the people, and certain desperate intrigues on the part of the king and the Cavaliers, had rallied once again and held momentary sway in the capital, another and a final body of " pro- posals" was issued from the council of officers. It had been prepared by Ireton and Marten. Its sincerity has been doubted by shrewd and well-judging writers, on the ground that these men were too stanch Republicans to entertain seriously any project that should have for its basis the restoration of the king. This reason, however, is scarcely admissible. Undoubtedly Ireton and Marten were stanchest Republi- cans ; Republicans in theory no less than prac- tically convinced Republicans ; Republicans because they held, with the better spirits of Greece and Rome, that man in civil subjection to his fellow-man is incapable of being all that man in the abstract is qualified to be ; and Re- publicans also, because of their practical expe- rience of the utter insincerity, falsehood, and perfidy of the present monarch ; but yet, ad- mitting all this, it should not have withheld ! them from negotiating, under the present dis- tracted circumstances of the kingdom, a certain and immediate purchase of liberty and good government, on behalf and for the advantage of the great mass of their fellow-citizens, even at the sacrifice of the form and the name they loved. And this was what they did in drawing up these memorable proposals. They imbodied under them the immortal design of what has been called in modern days, " a monarchy sur- rounded- with Republican institutions," or what Montesquieu would have better called " a re- public in disguise." Had Charles accepted these proposals, and with sincerity redeemed them, his throne and his life would have been saved. He rejected them with infatuated scorn,* and both were lost. He placed secret reliance still upon the divisions in the city and the Parliament, and, clinging to his detested fondness for intrigue, abandoned himself to the worst fate that await- ed him. Some extracts from these proposals will startle the reader. They present a system of , civil and religious reform so entire and perfect, and condense, in a series of compact proposals, * See Memoirs of Sir John Berkeley in Masere's Select Tracts, i., p. 366-369. Mr. Hallam most justly remarks of the general character of the proposal, that " the terms were surely as good as Charles had any reason to hope. The se- verities against his party were mitigated. The grand ob- stacles to all accommodation, the Covenant and Presbyterian establishment, were at onee.removed ; or, if some difficulty might occur as to the latter, in consequence of the actual possession of benefices by the Presbyterian clergy, it seemed not absolutely insuperable ; for the changes projected in the constitution of Parliament, they were not necessarily inju- rious to the monarchy. That Parliament shall not be dis- solved until it had sat a certain time, was so salutary a pro- vision that the triennial act was hardly complete without it. It is, however, probable, from the king's extreme tenacious- ness of his prerogative, that those were the conditions that he found it most difficult to endure." Const. Hist. i. 286 such a mass of philosophical legislation, as, after a two centuries' march of intellect over the English nation, her liberal ministers and representatives are still only struggling to at- tain to. In the very Parliament which now sits at Westminster, the same propositions are actually under discussion which formed the major part of these proposals from the council of officers drawn up by Ireton and Marten, and laid upon the table of the House of Commons at the close of 1649 by the younger Vane !* The paper opens with a stipulation that the " things hereafter proposed," having been pro- vided for by the Long Parliament, that famous assembly should be dissolved " within a year at most." A plan for reform in the represent- ation is then propounded thus : 1. " That Parliaments may biennially be call- ed, and meet at a certain day, with such pro- visions for the certainty thereof as in the late act was made for triennial Parliaments, and what farther or other provision shall be found needful by the Parliament to reduce it to more certainty ; and upon the passing of this, the said act for triennial Parliaments to be repealed. 2. " Each biennial Parliament to sit one hun- dred and twenty days certain, unless adjounicd or dissolved sooner by their own consent ; afterward to be adjournable or dissolvable by the king : and no Parliament to sit past two hundred and forty days from their first meeting, or some other limited number of days now to be agreed on ; upon the expiration whereof, each Parlia- ment to dissolve of course, if not otherwise dis- solved sooner. 3. " The king, upon advice of the council of state, in the intervals betwixt biennial Parlia- ments, to call a Parliament extraordinary, pro- vided it meet above seventy days before the next biennial day, and be dissolved at least sixty days before the same, so as the course of biennial elections may never be interrupted. 4. " That this Parliament and each succeed- ing biennial Parliament, at or before adjourn- ment or dissolution thereof, may appoint com- mittees to continue during the interval, for such purposes as are, in any of these proposals, re- ferred to such committees. 5. " That the elections of the Commons for succeeding Parliaments may be distributed to all counties, or other parts or divisions of the kingdom, according to some rule of equality or proportion, so as all counties may have a num- ber of Parliament members allowed to their choice proportionable to the respective rates they bear in the common charges and burdens of the kingdom, or, according to some other rule of equality or proportion, to render the House of Commons, as near as may be, an equal representative of the whole ; and in order thereunto, that a present consideration be had to take off the elections for burgesses for poor, decayed, or inconsiderable towns, and to give some present addition to the number of Parlia- ment members for great counties that have now less than their due proportion, to bring all, at present as near as may be, to such a rule of proportion as aforesaid. 6. " That effectual provision be made for future freedom of elections and certainty of due returns. 7. " That the House of Commons alone have * Parl. Hist., xvi., 210. HENRY MARTEN. 3G the power, from time to time, to set down far- ther orders and rules for the ends expressed in the two last preceding articles, so as to reduce the election of members of that House to more and more perfection of equality in the distri- bution, freedom in the election, order in the proceeding thereto, and certainty in the re- turns ; which orders and rules, in that case, to be as laws. 8. " That there be a liberty for entertaining dissents in the House of Commons, with a pro- vision that no member be censurable for aught said or voted in the House, farther than to ex- clusion from that trust, and that only by the judgment of the House itself." In the succeeding passages it is proposed that the judicial power of both Houses should be strictly limited and defined, and that the for- mation and attributes of grand juries, the ma- gistracy, and the sheriffs should be better and more justly regulated. How little modern re- formers have discovered ! how much less they have achieved ! 9. " That the judicial power, or power affinal judgment in the Lords and Commons, and their power of exposition and application of law, without farther appeal, may be cleared ; and that no officer of justice, minister of state, or other person adjudged by them, may be capable of protection or pardon from the king without their advice and consent. 10. " That the right and liberty of the Com- mons of England may be cleared and vindicated as to a due exemption from any judgment, trial, or other proceeding against them by the House of Peers, without the concurring judgment of the House of Commons ; as also from any other judgment, sentence, or proceeding against them other than by their equals, or according to the law of the land. 11. " The same act to provide that grand-jury- men may be chosen by and for several parts or di- visions of each county respectively, in some equal way, and not remain, as now, at the discretion of an under-sheriff, to be put on or off; and that such grand-jurymen for their respective counties may, at each assize, present the names of persons to be made justices of peace, from time to time, as the country hath need for any to be added to the com- mission ; and at the summer assize to present the names of three persons, out of whom, the king may prick one to be sheriff for the next year." This most masterly evidence of statesman- like genius stipulates next, that the king's power over the militia be subject to the advice of Parliament, and a council for ten years ; that the disqualifications for civil privilege, and com- positions for estates incurred by delinquents (adherents to the royal standard), should be settled by a mitigated scale of remarkable mod- eration and magnanimity ; and that for the lib- erty, security, happiness, and peace of the king- dom, there should be passed acts respectively of confirmation, indemnity, and oblivion. Then came the following noble conditions : " An act to be passed to take away all co- ercive power, authority, and jurisdiction of bishops, and all other ecclesiastical officers whatsoever, extending to any civil penalties upon any ; and to repeal all laws whereby the civil magistracy hath been or is bound, upon any ecclesiastical censure, to proceed, ex officio, unto ! any civil penalties against any persons so cen- | sured. " That there be a repeal of all acts or clauses in any act enjoining the use of the Book of Com- mon Prayer, and imposing any penalties for neglect thereof ; as also of all acts, or clauses in any act, imposing any penalty for not coming to church, or for meetings elsewhere for prayer or other religious duties, exercises, or ordinan- ces ; and some other provision to be made for dis- covering of Papists and Popish recusants, and for disabling of them, and of all Jesuits or priests, from disturbing the state." In other words, that tests, and penalties, and obligations of force upon the conscience were not the means. It is a pity that this valuable discovery in morals and in legislation is so grievously wanting of universal application, even now ! The next propositions are these : " That the taking of the Covenant be not en- forced upon any, nor any penalties imposed upon the refusers, whereby men might be constrain^ ed to take it against their judgments or con- sciences ; but all orders or ordinances tending to that purpose to be repealed. "That (the. things here before proposed be- ing provided for settling and securing the rights, liberties, peace, and safety of the kingdom) his majesty's person, his queen, and royal issue, may be restored to a condition of safety, hon- our, and freedom in this nation, without dimi- nution to their personal rights, or farther limi- tation to the exercise of the legal power than according to the particulars aforegoing." A supplement of residuary matters followed, which it was desired no time should be lost by the Parliament in despatch of, since they would tend, " in a special manner, to the welfare, ease, and just satisfaction of the kingdom." Some of these are striking to the last degree in their application to the present day, to its wants and claims. They begin by demanding " that the just and necessary liberty of the people to rep- resent their grievances and desires by way of petition may be cleared and vindicated," and that, " in pursuance of the same, the common grievances of the people may be speedily con- sidered of and effectually redressed." Several are thus particularized, and the majority of them still wait redress ! They ask, for in- stance, that "the excise may be taken off from such commodities whereon the poor people of the land do ordinarily live, and a certain time to be limited for taking off the whole." They de- mand that "the oppressions and encroachments of forest laws may be prevented for the future," and that " all monopolies, old or new, and restraint* to the freedom of trade, be taken off." They stip- ulate next that " a course may be taken, and commissioners appointed, to remedy and rectify the inequality of rates, being upon several coun- ties, and several parts of each county, in re- spect of others, and to settle the proportions for land-rales to more equality throughout the kingdom ; in order to which, we shall offer some farther particulars, which we hope may be useful." And they require, in words of sad and significant import at this time, that "the present unequal^ troubleseme, and contentious tray of ministers' maintenance by tithes be considered of, and some remedy applied." They proceed to claim, afterward, that simple reform of the law 370 BRITISH STATESMEN. in ordinary processes, which is wanted still, in asking that " the rules and course of law, and the officers of it. may be so reduced and reform- ed, as that all suits and questions of right may be more clear and certain in the issues, and not so te- dious nor chargeable in the proceedings as now; in order to which, we shall offer some farther particulars hereafter." I transcribe the demand which follows with a mingled feeling of astonishment, of regret, and shame. What miseries miseries more frightful, because hidden from the universal gaze, and borne in secrecy and silence have since flowed from the injustice for which this demand suggested a simple and effectual rem- edy that very remedy which is at this moment, with a melancholy and almost hopeless earnest- ness, prayed for by the thousands of heart- broken men who are the last victims to that ac- cursed principle of the infamy of poverty which is here condemned by the statesmen of the sev- enteenth century, and which, with the passage of two hundred years, has not yet ceased its disgrace and reproach to the English character and name. They require " that prisoners for debt, or other debtors, who have estates to dis- charge them, may not, by embracing imprisonment or any other ways, have advantage to defraud their creditors, but that the estates of all men may be some way made liable to their debts (as well as tradesmen are by commissions of bankrupt), whether they be imprisoned for it or not ; and that such prisoners for debt, who have not where- with to pay, or at least do yield up what they have to their creditors, may be freed from imprisonment, or some way provided for, so as neither they nor] their families may perish by their imprisonments." The stipulations which succeed are dictated by the same noble spirit of justice and humanity. " Some provisions to be made that none may be compelled, by penalties or otherwise, to an- swer unto questions tending to the accusing of themselves or their nearest relations in crimi- nal causes, and no man's life to be taken away under two witnesses. That consideration may be had of all statutes, and the laws and cus- toms of corporations, imposing any oaths, either to repeal, or else to qualify and provide against the same, so far as they may extend or be con- strued to the molestation or ensnaring of reli- gious and peaceable people merely for noncon- formity in religion." Such were the views and sentiments, and such the genius for government, of the men who now (to resume the narrative), upon another temporary ascendency of the Presbyterians after the vote of non-addresses upon seeing the former solemn resolution of the House mocked by the commencement of another per- sonal treaty with the king upon a melancholy conviction of the absolute insincerity and in- veterate perfidy of Charles's friends, prepared themselves for the last decisive steps that should overthrow the English monarchy. Fair- fax and his officers, in a body, presented a re- monstrance to the House, calling for the im- mediate breaking up of the treaty, and for jus- tice on the king as the "capital source of all grievances."* At about the same instant they seized once more the person of the king, and ^Colonel Harry Marten," Rushworth tells us,t ~ Rush., vii., 1331. Parl. Hist.,xvT rVo " went hence to Lieutenant-general Cromwell." He left London suddenly and joined that leader, still engaged against the Scots. His purpose, no doubt, was to consult with him respecting the menacing attitude taken by the Presbyterians. After some days' absence, he returned to Lon- don as suddenly as he had quitted it. The Presbyterians had been warding off the army remonstrance by successive adjourn- ments. The remonstrance was now followed up by the more startling announcement of the resolve of the army " to purge the House," since by that means only they could stop the treaty. The Presbyterians, plucking up an unwonted courage on the eve of their last defeat, at once determined, by a division of 133 to 102, to go into discussion of the treaty. In this discussion Vane was defeated on his famous motion for a return to the vote of non-addresses, after a speech in which he stated the question openly as between a monarchy and a republic, by a di- vision of 140 to 104. There had been, accord- ing to Prynne, upward of 340 members present during this discussion ; but many, from age and infirmity, had been unequal to the fatigue of sitting through the whole day and night till nine next morning, the period of the duration of the adjourned debate. Next morning (the army having advanced meanwhile from Windsor upon London) the city guard was withdrawn from Westminster by its commander Skippon, and the posts were occupied by three regiments under the com mand of Sir Hardress Waller, Colonel Hewson, and Colonel Pride. The latter officer, with a list in his hand, took his station at the door of the House of Commons, and as the members entered and were identified by the doorkeeper and Lord Grey of Groby, who stood near Pride for the purpose, arrested in succession, and during a period of three days, the Presbyterian majority, in all upward of a hundred and fifty members, several of whom were afterward un- conditionally restored. The little that need be urged respecting this measure has been glanced at in the Life of Vane. That great statesman at once withdrew from a scene in which such an outrage on the foundation of all that had been done for the past seven years of war, and of all that he yet hoped to do for the people a popular and representative body had become fatally necessary in the views of those with whom he had heretofore acted. It is probable he at once saw the mischievous purposes such a precedent might suggest in the breast of Crom- well a thought which does not seem to have yet occurred to any of the other trusted leaders of the Independents. Marten's faith in Crom- well was certainly still undisturbed. Cromwell arrived in London the second day after the purge ; and it was Henry Marten, who, having entered the House of Commons with him that day, " arm in arm," afterward rose from his place and moved that the speaker should return him thanks for his great and eminent services performed in the course of the campaign.* This was done with acclama- tion ; and the day after, the two Houses ad- journed to the 12th of the then month, Decem- 1161^1648-9. * Wood's Ath. Ox., iii., 1239. Journals. Clement Walk- er, 34. HENRY MARTEN. 371 Several meetings of the council of the army took place in the interval of this adjournment, at which the treatment of the king was of course Warmly debated. " At this consultation of the first commanders in the army," says a Royalist writer, " Marten, as a colonel, attended, and he cut the matter short by telling them ' they should serve his majesty as the English did his Scotch grandmother cut off his head.' This horrid advice was adopted, and he was the first to dispose of everything for the completion of the villany." This must be taken with allow- ance ; but it may be admitted that he was the first to utter openly, at this great crisis, as he had done on occasions less important, the thoughts that lay lurking in the breasts of the majority of his associates. The first step against the life of the king at- tempted in the House of Commons was taken on the 23d of December, when, in the discus- sion of one of the proposals of the army that "justice should be done upon delinquents," Charles the First was mentioned by name as the capital delinquent, and a committee of thirty- eight appointed to prepare charges against him. The most prominent members of this committee were Henry Marten and Thomas Scot, the latter a man of genius and courage, variously accomplished, a masterly orator, and an ardent Republican. Widdrington and White- Jocke, the keepers of the seal, were also on the committee, but on being sent for on the second or third day of its deliberations, they "went out of town together, that they might have no concern in the business." * Another anecdote of Marten's share in these deliberations rests also on Royalist authority. A witness (Sir Purbeck Temple) swore against him on his trial that he overheard from a place of concealment one of the consultations pre- vious to the king's trial, at which Cromwell and Marten, and many others, were present, in the course of which much doubt and anxiety were expressed ; and he overheard Cromwell ask the others, " ' I desire you to let us resolve here what answer we shall give the king when he comes before us ; for the first question that he will ask us will be, By what authority and commission do we try himl' to which none answered presently ; then, after a little space, Henry Marten, the prisoner at the bar, rose up and said, ' In the name of the Commons and Parliament assembled, and all the good people of England/ which none contradicted." Charles had meanwhile arrived at Windsor, and on the 28th received an ominous order from the council of war that he should no longer be served by cupbearer or carver on bended knee, and that the other ceremonials of regal state had been ordered to be discon- tinued. The end was now in view, and Charles prepared to meet it with becoming firmness. The last scene of all, once bounded with hope- lessness, is no longer a difficult scene to act ; and from this instant, in the heroic sufferings of the man, we are only too much inclined to forget the part he had played as king. "Is there anything more contemptible," he asked of his faithful Herbert, " than a despised prince?" But over that character he threw a * Whitelocke, Jourual of 26th of December. pathetic lustre, which we seek for in vain throughout his high and palmy days. On the same ominous 28th of December, an ordinance for the king's trial was carried into the House of Commons. Some days before, Marten, Ireton, and Ludlbw had been added to the committee of executive government at Derby House, and measures were now in prog- ress there for the alteration of all the insignia of government into symbols of a republic. On the 1st of January, the committee of thirty-eight, having sat and examined witness- es, reported to the House of Commons a charge against the king, beginning with the terrible words, " That the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by and according to the laws of the land, and not otherwise ; and", by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liber- ties ; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power, to rule according to his will, and to overthrow the rights and liberties of the people ; yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which, by the fun- damental constitutions of this kingdom, were reserved, on the people's behalf, in the right and power of frequent and successive Parlia- ments, or national meetings in council : he, the said Charles Stuart, for accomplishing of such his designs, and for the protecting of himself and his adherents in his and their wicked prac- tices to the same ends, hath traitorously and maliciously levied war against the present Par- liament and the people therein represented." In support of this, various overt acts are re- cited, including the battles of Edge Hill, New- bury, and Naseby. The ordinance and the charge were sent up to the Lords on the 2d of January (with a reso- lution from the Commons that it is treason for the king to levy war against the Parliament and kingdom), and at once unanimously reject- ed. It is curious, however, that their lordships at the same time " adjourned for a week,'* which, in the circumstances of the country, was tantamount to a declaration that they would take no farther part in the conduct of its affairs. In the light of an abdication the Com- mons certainly seem to have considered it ; for on the 3d of January Marten went up to " examine the journal-book of the House of Peers, to see how the business stood as to the resolution and ordinance." On his return, the ordinance was at once directed to be brought in anew ; six lords and three judges before named were ordered to be omitted, and an ad- dition made of two sergeants, Bradshaw and Nicholas. The ordinance, with these altera- tions, was immediately read a first and second time, and the resolution revoted of treason against the king in the name of the Commons only, it having before been voted with a blank for the Lords. On the day following this, they passed, with closed doors, these three moment- ous resolutions : " That the Commons of Eng- land, in Parliament assembled, do declare, That the people are, under God, the original 372 BRITISH STATESMEN. of all just power ; and do also declare, That the Commons of England, in Parliament as- sembled, being chosen by representing the people, have the supreme power in this nation ; and do also declare, That whatsoever is enact- ed or declared for law by the Commons in Par- liament assembled, hath the force of a law ; and all the people of this nation are concluded thereby, although the consent and concurrence of king or House of Peers be not had there- unto." On the 6th, the ordinance was read a third time and passed. The number of commission- ers named in it was 135.* Of these there were Viscount Lisle, son to the Earl of Leicester ; Lord Grey of Groby, son to the Earl of Stamford ; Lord Monson, of the kingdom of Ireland ; Gen- eral Lord- viscount Fairfax ; Lieutenant-gener- al Cromwell, Major-general Skippon, Commis- sary-general Ireton, Colonel Marten, and all the colonels of the army ; with three sergeants- at-law, John Bradshaw, Robert Nicholas, and Francis Thorpe ; the speaker of the House of Commons and five barristers, Alexander Rigby, Roger Hill, Miles Corbet, John Lisle, and Will- iam Say ; five aldermen of London, one knight of the Bath, eleven baronets, and ten knights. Of these commissioners, eighty-two were mem- bers of the House of Commons.! The only great name of the time absent from the list was the name of Sir Henry Vane the younger.t On the 8th of January, the commissioners sat for the first time in the Painted Chamber in Westminster Hall. Fifty-three were pres- ent, including Fairfax, who never appeared again. Counsel and the officers of the court were nominated at this sitting ; due proclama- tion was made in Westminster Hall by the ser- geant-at-arms of the coming trial ; and a simi- lar proclamation was demanded of the House * In the original ordinance the names are said to have been 150. If from this number we take away nine, and then add two, the result ought to be 143. There were, therefore, other omissions and variations. t Of these 135, seventy-one was the largest number ever present at the trial. Sixty-seven were present on the day when sentence was pronounced. Forty-three only appeared the next day, when the execution was ordered. Fifty-nine signed the death-warrant. Some few of the commissioners attended the preliminary meetings in the Painted Chamber, but never sat as judges. From forty to fifty of the com- missioners appear never to have taken any part in the pro- ceedings, notwithstanding the summonses ordered by the court, and the exertions of the sergeant-at-arms. t The name of Algernon Sidney appears in it, but he only attended the preliminary meetings in the Painted Chamber, and never attended the court after the trial commenced. His own allusion to the trial remains, and he is too distin- guished a person to have his opinion omitted on an occasion so memorable. He says, " I was at Penshurst when the act for the king's trial passed, and, coming up to town, I heard that my name was put in. I presently went to the Painted Chamber, where those who were nominated for judges were assembled. A debate was raised, and I posi- tively opposed the proceeding. Cromwell using these formal ' hand in this business ;' and saying thus, I immediately left them, and never returned. This is all that passed publicly. I had indeed an intention, which is not very fit for a letter." Blencowe, p. 237. It is not, perhaps, difficult to fix what this intention was. Clarendon says that, among the more violent party against the king, there were three opinions : one was for deposing him, another for secret assassination, and a third for bringing him to public trial as a malefactor. It was the last of these opinions that Sidney states himself to have opposed. The mode of secret assassination we well know to have been most alien to his nature. There cannot be a question but that, with Vane, he would have preferred the deposition of Charles. of Commons to be made at the old Exchange and in Cheapside, which was made accordingly. On the 9th of January, the report of the com- mittee for the construction of a new great seal was carried into the House of Commons by Henry Marten.* It recommended that on the one side there should be engraved the map of England and Ireland, with the inscription, " the Great Seal of England," and on the other, a representation of the House of Commons, with the inscription, " In the first year of freedom, by God's blessing RESTORED." The instruc- tions of the committee were at once adopted, and the new seal ordered to be prepared with all convenient despatch.! Marten used on another and more memora- ble occasion this word of remarkable import, RESTORED. Mr. D'Israeli has related the anec- dote in his ingenious memorials of Charles the First,t and I subjoin it in his words : " In drawing up the remonstrances of the army, which changed the monarchy into a common- wealth, this Sheridan of his day had said, ' RE- STORED to its ancient government of Common- wealth.' A member rose to reprimand, and to wonder at the impudence of Harry Marten, as- serting the antiquity of Commonwealth, of which he had never before heard. The wit re- joined by a whimsical illustration of the pro- priety of the term, and the peculiar condition of the man who had now heard it for the first time. ' There was,' said Harry, ' a text which had often troubled his spirit concerning the man who was blind from his mother's womb, but at length whose sight was restored to the sight which he should have had.' The witticism was keen, though almost as abstruse as the antiquity of an English commonwealth." This illustration was keen indeed, and by no means so abstruse as Mr. D'Israeli supposes. On the 10th the commissioners again met, and chose the president of their court in the person of John Bradshaw, sergeant-at-law and chief justice of Chester. To preside on so ex- * " To Mr. H. Marten," says one of the Royalist writers, " was referred all the alterations in the public arms, in the great seal, and the legends upon the money. It was singu- ! lar that the cross made a part of the first. Upon the money was a shield, bearing the cross of St. George, encircled with a palm and olive-branch, inscribed, ' The Commonwealth of i England ;' and on the reverse, ' God with us, 1648,' which gave occasion to some to remark that God and the Common- wealth were not on the same side." t In Whitelocke's Memorials the vote is thus recorded: " Votes that the present great seal shall be broken, and a new one forthwith made ; and, in the mean time, all pro- ceedings under the present great seal to be good till the new one be confirmed. That the arms of England and of Ireland shall be engraven on one side of the new great seal, w>ih this inscription, ' the Great Seal of England.' That on the other side of the seal shall be the sculpture, or map of the House of Commons sitting, with these words engraven on that side : ' In the first year of freedom, by God's blessing restored, 1648.' This was, for the most part," adds White- locke, " the fancy of Mr. Henry Marten, a noted member of the House of Commons, more particularly the inscriptions." It is, perhaps, worth adding, that on the very day of these votes, Whitelocke and Widdrington, by mutual agreements, made their appearance in the House, that they might not, by inference, be included among the members who refused all concern with the present government. Whitelocke, in a very curious, and certainly ingenuous passage of his me- morials, remarks: "January 12, we heard demurrers, fore- noon and afternoon, in the queen's court : the counsel were more peremptory and unsatisfied than ordinary, and used us ' like declining officers." The next day he says, " Some told us, for news, that new commissioners of the great seal were to be appointed, Sergeants Bradshaw, Thorpe, and Nicholas. This was supposed to be discourse only, as some would 1 havi it." t Vol. v., 428. HENRY MARTEN. 373 traordinary an occasion, it is most justly ob- served,* demanded from the man who was appointed to the office great courage, great presence of mind, sound judgment, a composed and impressive carriage, and a character un- stained with reproach or the imputation of any vice. And such a man was Bradshaw. " Be- ing of a distinguished family," says' Milton, in his Defensio sccunda pro populo Anglicano,i " he devoted the early part of his life to the study of the laws of his country. Thence he became an able and an eloquent pleader, and subse- quently discharged all the duties of an uncor- rupt judge. In temper neither gloomy nor se- vere, but gentle and placid, he exercised in his own house the rites of hospitality in an exem- plary manner, and proved himself on all occa- sions a faithful and unfailing friend. Ever ea- ger to acknowledge merit, he assisted the de- serving to the utmost of his power. Forward at all times to publish the talents and worth of others, he was always silent respecting his own. No one more ready to forgive, he was yet im- pressive and terrible when it fell to his lot to pour shame on the enemies of his country. If the cause of the oppressed was to be defended, if the favour or the violence of the great was to be withstood, it was impossible, in that case, to find an advocate more intrepid or more elo- quent, whom no threats, no terrors, and no re- wards could seduce from the plain path of rec- titude." The counsel for the prosecution were next fixed upon, and the choice fell on Steele, Coke, Dr. Dorislaus, and Aske. Steele was named * Godwin, Hist, of Com. t Milton was Bradshaw's kinsman by the mother's side. The whole of the original passage in which Bradshaw is delineated is too noble and too appropriate for omission here. " Est Joannes Bradscianus (quod nomen libertas ipsa, quacunque gentium colitur, memorise sempiternse celebran- dum commeiidavit), nobili familia, ut satis notum est, ortus ; unde patriis legibus addiscendis, primam omnem as ta tern aedulo impendit ; dein consultissimus cans-arum ac disertis- sinius patronus, libertatis et populi vindex acerrimus, et magriis reipublicse uegotiis est adhibitus, et incorrupt! judi- cis munere aliquoties perfunctus. Tandem uti regis judicio priesidere vellet, a senatu rogatus, provinciam sane pericu- losissimam non recusavit. Attulerat enim ad legum scien- tJam ingenium liberate, aninium excelsum, mores integros ac nemini obnoxins ; unde illud munus oiuni prope exemplo jnajus ac formidabilius, tot sicariorum pugionibus ac minis petitus, ita constanter, ita graviter, tanta anirni cum prae- i'iiitia ac dignitate gossit atque iiuplevit, ut ad hoc ipsum opus, quod jam olim Deus edcndum in hoc populo mirabili providentia decreverat, ab ipso numine designatus atque factus videretur, et tyrannicidarum omnium gloriam tantum superaveril, quanto est humanius, quaiito justius, ac majes- ta:e plenius, tyrannum judtcare,quam injudicatum occidere. AHojue ac mentis firmissimo statu dejicere valeant." attorney to the court, and Coke solicitor. Steele being prevented from attending the court by real or pretended sickness, the task princi- pally fell upon Coke. It is somewhat singular, as Mr. Godwin remarks, that this person, in his travels in early life, trod almost exactly upon the steps of Milton. At Rome he spoke so openly against the corruptions of the Catholic Church, that it was not judged safe for him to continue any longer in that place ; and at Geneva he re- sided some months in the house of Diodati, the professor of theology, with whom Milton also formed an intimate friendship. His skill as a lawyer was acknowledged by his enemies ; and, indeed, it is impossible to read the speech he drew up for the trial without admiring its strength and acuteness. These awful preliminaries having been com- pleted with that solemn publicity which befitted such an occasion, the king was brought private- ly from Windsor to St. James's^ and on the fol- lowing morning* the 20th of January, 1649, con- ducted by Colonel Harrison from St. James's to Westminster. A scene awaited him there, which called, and not in vain, for an exercise of dignity and firmness unsurpassed in the his- tory of kings. Westminster Hall, fitted up as a " high court of justice," received him. In the centre of the court, on a crimson velvet chair, sat Bradshaw, dressed in a scarlet robe, and covered by his famous " broad-brimmed hat,"* with a desk and velvet cushion before him, Say and Lisle on each side of him, and the two clerks of the court sitting below him at a table, covered with a rich Turkey carpet, on which were laid the sword of state and a mace. The rest of the court, with their hats on, and, according to Rush- worth, " in their best habits," took their seats on side benches hung with scarlet. A numer- ous guard of gentlemen carrying partisans di- vided themselves on each side. Such was the simple appearance in itself of this memorable court. When its members had all taken their seats, the great gates of the Hall were thrown open, and the vast area below was at once fill- ed with crowds of the English people, eager to witness the astonishing spectacle of a monarch brought to account for crimes committed in the period of his delegated authority. This pres- ence of the people was the grandest feature of the scene. Surrounding galleries were also fill- ed with spectators. Charles entered, and advanced up the side of the Hall next the Thames, from the house of Sir Robert Cotton. He was attended by Colonels Tomlinson and Hacker, by thirty two officers holding partisans, and by his own ser- vants. The sergeant-at-arms, with his mace, received him and conducted him to the bar, where a crimson velvet chair was placed for him, facing the court. After a stern and stead- fast gaze on the court, and on the people in the galleries on each side of him, Charles placed himself in the chair, and the moment after, as if recollecting something, rose up and turned about, looking down the vast hall, first on the guards which were ranged on its left or west- ern side, and then on the eager waving mul- titude of the people which filled the space on * This wa a thick, high-crowned beaver, lined with pla- ted steel. It is to this day preserved at Oxford. 374 BRITISH STATESMEN. the right. No visible emotion escaped him ; but as he turned again, his eye fell upon the es- cutcheon which bore the newly-designed arms of the Commonwealth, on each side of which sat Oliver Cromwell and Henry Marten,* and he sank into his seat. The guard attending him divided on each side of the court, and the servants who followed him to the bar stood on the left of their master. Bradshaw now addressed the king, and told him that the Commons of England, assembled in Parliament, being deeply sensible of the evils and calamities which had been brought on the nation, and the innocent blood that had been spilled, and having fixed on him as the principal author, had resolved to make inquisition for this blood, and to bring him to trial and judgment ; and had therefore constituted this court, before which he was brought to hear his charge, after which the court would proceed according to justice. Coke, the solicitor, then delivered in, in writing, the charge, which the clerk read. The king endeavoured to interrupt the reading, but the president commanded the clerk to go on, and told Charles that if he had anything to say after, the court would hear him. The charge stated that he, the king, had been in- trusted with a limited power to govern accord- ing to law, being obliged to use that power for the benefit of the people, and the preservation of their rights and liberties ; but that he had designed to erect in himself an unlimited power, and to take away the remedy of misgovern- ment, reserved in the fundamental Constitu- tion, in the right and power of frequent and successive Parliaments. It then proceeded to enumerate the principal occasions on which, in execution of his purpose of levying war on the present Parliament, he had caused the blood of many thousands of the free people of this nation to be shed ; and it affirmed all these purposes and this war to have been carried on for the upholding a personal interest of will and power, and a pretended prerogative to himself and his family, against the public interest, and common right, liberty, justice, and peace of the people of this nation. The charge being read, the president demanded Charles's answer. During the reading Charles is said to have smiled at the words " tyrant" and " traitor" which occurred in the course of it ; but, two or three minutes after, a trivial incident changed the current of his thoughts, and gave him a more awful sense of the situation in which he stood. " In touching Coke gently on the shoul- der with his cane, and bidding him ' Hold !' its gold head dropped off, and he who was accus- tomed to be served with eager anticipation and slavish genuflexion, was left to take it up him- self. This omen is said to have waked his superstition. It was no less calculated to affect him through his reason."t He had rallied, however, before the demand of Bradshaw for his answer, and replied to it with great ability, and in a very grave and col- lected manner. He observed that, not long before, in the Isle of Wight, he had been en- * D'Israeli, v., 429. t History from Mackintosh, vi., 119 ; in which volume, I may add, the principal incidents of the Commonwealth are most ably, and in a philosophic spirit and temper, related by the historian. gaged in a treaty with both Houses of Parlia- ment, and that the treaty had been very near a conclusion. He knew not, therefore, by what authority he had been brought there, other than the authority of thieves and robbers. He saw no House of Lords in that court, and he affirmed that a king also was necessary to con- stitute a Parliament. He said that he had a tmst committed to him by God, and derived to him by old and lawful descent, and that he would not betray it by answering to a new and unlawful authority. He concluded that, when he was satisfied of the authority by which he was brought there to answer, he would proceed farther. Bradshaw at once, and in a speech of much subtlety, overruled the objection to the competency of the court, and ordered the coun- sel to proceed. The second and third days of the trial were consumed in similar discourses. The court would not allow the authority by which they sat there to be disputed, and the king desired that he might give his reasons. This pro- duced interruption and altercation. The presi- dent informed him that the court was satisfied of the authority by which they sat there, and that they overruled his demurrer. They then caused the king's contumacy to be recorded, by which he refused to plead before them.* The fourth and fifth days of the trial were employed in hearing witnesses, the court hav- ing determined that, though the king refused to plead, they would proceed to this examina- tion ex abundant* only, for the farther satisfac- tion of themselves. The court sat during these days in the Painted Chamber. On the sixth day the commissioners were engaged in de- termining and voting the sentence with which the trial was to be completed. The duty of " preparing the draught of a final sentence, with a blank for the manner of death," was now intrusted to Henry Marten (who had attended every day of the trial), to Thomas Scot, to Henry Ireton, to Harrison, Say, Lisle, and Love. The next day (the 26th of January) this sentence was engrossed at a private meet- ing, and the 27th appointed for the last sitting of the court. On that memorable and most melancholy day, the king was brought for the last time to Westminster Hall. As he proceeded along the passages to the court, some of the soldiers and of the rabble set up a cry of " Justice !" "Justice, and execution !" This, Mr. Godwin justly remarks, exactly corresponds with the spirit of the mutiny which took place in the army in November, 1647. These men distrust- ed the good faith of their leaders ; and, seeing that six days had now passed without any con- clusion, suspected, as the manner of rude and ignorant men is, that there was some foul play and treachery. One of the soldiers upon guard said, " God bless you, sir." The king thanked him ; but his officer struck him with his cane. "The punishment," said Charles, "methinks, exceeds the offence." The king, when he had retired, asked Herbert, who attended him, whether he had heard the cry for justice, who answered he did, and wondered at it. " So did not I," said Charles : " the cry was no doubt * Godwin, ii., 673. HENRY MARTEN. 375 given by their officers, for whom the soldiers would do the like, were there occasion."* Placed for the last time at the bar, Charles, without waiting for the address of Bradshaw, whose appearance betokened judgment, desired of the court that, before an " ugly sentence" was pronounced upon him, he might be heard before the two Houses of Parliament, he having something to suggest which nearly concerned the peace and liberty of the kingdom. The court would at once have rejected this proposal (which was, in effect, tantamount to a demand for the reversal of all that had been done, and a revocation of the vote that had been passed, declaring the people, under God, the original of all just power, and that the Commons' House in Parliament, as representing the people, were the supreme power) but for the expressed dis- satisfaction of Commissioner Downes, a timid and insincere man, in consequence of which the sitting was broken up, and the court retired to deliberate in private. They returned in half an hour with a unanimous refusal of the request. It is supposed by many writers that Charles purposed, in case they had assented, to resign the crown in favour of his son ; but if so, it has been fairly asked,* Why did he not make the offer known in some other way 1 It would have produced its effect as certainly if promul- gated in any other mode, and would, at all events, have bequeathed to posterity the full knowledge " to what extremity he was willing to advance for the welfare of his people, and to save his country from the stain of regicide." The supposition of that intention does scarcely, in fact, seem probable. Charles had wedded himself to his kingly office, and had now accus- tomed himself to look on death as the seal that should stamp their union and the fame of mar- tyrdom indelibly and forever. His real purpose in making the request must remain a secret, equally with the well-considered motives of the commissioners in refusing it. Bradshaw now rose to pronounce the sen- tence. " What sentence," he said, " the law affirms to a tyrant, traitor, and public enemy, that sentence you are now to hear read unto you, and that is the sentence of the court. '' The clerk then read it at large from a scroll of vellum. After reciting the appointment and purpose of the high court, the refusal of the king to acknowledge it, and the charges proved upon * Other and more brutal outrages, such as the soldiers puffing the smoke of their tobacco in his face, have been re- peated and reiterated in print, and are yet gross fabrica- tions. (See Brodie, iv., 199, note.) Clarendon and War- wick say that one or more of the soldiers gpit in Charles's face. But both Clarendon and Warwick were at a distance from the scene ; Herbert, who was constantly near the king, says no such thing. Whitelocke also, an unexceptionable witness, is silent. In Rushworth, p. 1425, we find the words put into Charles'g mouth, on tho cry of the soldiers, " Poor souls ! for a piece of money they would do as much for their commanders." But it is not denied that several of the lat- ter parts of Rushworth's Collections were tampered with after his death, and before their publication. The words in question are, in fact, copied from Sanderson, p. 1132. Mil- ton (Defensio Secunda) has given himself the trouble to con- tradict the tale, that one of the soldiers was destroyed for saying God bless you, sir. The passion of succeeding times was to run a parallel between the last days of Charles and the crucifixion of Christ. " Suffering many things like to Christ" is Sanderson's expression. [The 80th of January is still regarded as a. fast-day in the English Church, and a service for morning and.evening, in commemoration of KING CHAULES THEMAOTYK, is to be found in the Prayer Book. It has not yet been used on this side the Atlantic. C.J t Godwin, Hist, of Commonwealth, ii., 677. him, it concluded thus : " for all which treasons and crimes, this court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, mur- derer, and public enemy, shall be put to death by severing his head from his body." Then Bradshaw again rose and said, "The sentence now read and published is the act, sentence, judgment, and resolution of the whole court ;" upon which, all the commissioners stood up by way of declaring their assent. The unhappy king now solicited permission to speak, but was refused. The words which passed between him and Bradshaw are worthy of record, as a most pathetic consummation of the melancholy scene. The fortitude and dignity which had sustained Charles throughout appears at last to have somewhat given way, but in its place we recog- nise a human suffering and agony of heart to the last degree affecting. " Will you hear me a word, sir?" he asked. "Sir," replied Brad- shaw, " you are not to be heard after the sen- tence." " No, sir?" exclaimed the king. "No, sir, by your favour," retorted the president. " Guards, withdraw your prisoner." Charles then exclaimed, with a touching struggle of deep emotion, " I may speak after the sentence ! By your favour, sir ! I may speak after the sen- tence ! EVER ! By your favour " A stern monosyllable from Bradshaw interrupted him, " Hold !" and signs were given to the guards. With passionate entreaty the king again in- terfered. " The sentence, sir ! I say, sir, I do " Again Bradshaw said " Hold !" and the king was taken out of court as these words broke from him : "I am not suffered to speak. Expect what justice other people will have !" In the short interval that remained to him, every consolation of spiritual advisers, or of the society of Friends, was granted by the gov- ernors of the Commonwealth. He passed the 28th of January, which was Sunday, alone with Doctor Juxon, engaged in exercises of devotion. On the Monday he received the farewell visit of his children. At this moment he might him- self have said, with his old and betrayed friend Strafford, " Put not your trust in princes !" None of the princes of Europe had offered an intercession in his favour. A republic alone, that of the United Provinces, interposed with a desire that his life might he spared.* The warrant for his execution the " bloody warrant," as history calls it had meanwhile (on the 29th) been signed by the fifty-nine com- missioners, who have by that act made their names memorable forever, t A scene of an Journals of Lords, Jan. 29 and Feb. 2 ; of Commons, Jan. 29, 30. t It was in these words : " Whereas Charles Stuart, king of England, is and standeth convicted, attainted, and con- demned of high treason and other high crimes ; and sen- tence upon Saturday last was pronounced against him by this court, to be put to death by the severing of his head from his body, of which sentence execution yet remaineth to be done. These are, therefore, to will and require you to see the said sentence executed in the open street, before Whitehall, upon the morrow, being the 30th day of this in- stant month of January, between the hours of ten in the morning and five in the afternoon of the same day, with full effect. And for so doing this shall be your sufficient war- rant. And these are to require all officers, soldiers, and others, the good people of this nat:uirof England, to be as- sisting unto you in this service. "To Col. Francis Hacker, Col. Huncks, and Lieut. -col. Phray, and to every of them. " Given under our hands and seals. (Sealed and subscribed by) "John Bradshaw, Thomas Grey, Oliver Cromwell, Ed- 376 BRITISH STATESMEN. extraordinary character between Marten and Cromwell is said to have occurred on the sign ing of this warrant. As Cromwell advanced to the table with the pen, he laughingly marked Marten's face with the ink, and the same prac tical jest was returned with interest by Marten The anecdote rests on the authority of a de- testable collection of slanders, " The Trials o the Regicides ;" but I give it, because, on its being sworn to at his trial, Marten himself without denying it, simply remarked that the circumstance did not imply malice. He hac been pleading his utter want of malice against the king personally in all he did, when the crown counsel observed, " We shall prove against the prisoner at the bar (because he would wipe ofl malice) that he did this merrily, and was in great sport at the time of the signing the war- rant for the king's execution." " That does not imply malice," remarked Marten. An old servant of his, named Ewer, was upon this put into the witness box, and the follow- ing examination took place : " Counsel. Come, sir, you are here upon your oath ; speak to my lords and the jury ; you know the prisoner at the bar very well ; you have sometimes served him : were you present in the Painted Cham- ber, January 29th, 1648, at the signing the war- rant the parchment against the king 1" " Ewer. The day I do not remember, but I was in that chamber to attend a gentleman there ; I followed that gentleman (looking at Mr. Mar- ten) I followed that gentleman into that cham- ber." " Lord-Chief-baron. After what gentle- man 1" " Ewer. Mr. Marten. My lord, I was pressing to come near, but I was put off by an officer or soldier there ; I told him I was order- ed to be by that gentleman. My lord, I did see a pen in Mr. Cromwell's hand, and he marked Mr. Marten in the face with it, and Mr. Marten did the like to him ; but I did not see any one set his hand, though I did see a parchment there with a great many seals to it." If the occurrence really took place, it is yet unworthy of such a philosophical historian as Hume to quote it as an evidence of barbarous or " rustic" buffoonery.* No doubt, if Marten and Cromwell did this, they did it as a despe- rate momentary relief from over-excited nerves, and because they felt more acutely than their more sober brethren all that was involved in the dark duty they were then engaged in. Such " toys of desperation" commonly bubble up from a deep-flowing stream below. Downes, a weak man, is said to have been obliged to go out into the speaker's chamber " to ease his heart with tears." Marten and Cromwell were not weak men, and it was not in tears, at such ward Whaley, Michael Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Thomas Maleverer, John Blackiston, John Hutchinson, William Goffe, Thomas Pride, Peter Temple, Thomas Harrison, John Huson, Henry Smith, Peregrine Pelham, Simon Meyn, Thomas Horton, John Jones, John More, Hardress Waller, Gilbert Millington, (George Fleetwood, John Alured, Robert Lilburn, William Say, Anthony Stapely, Richard Deane, Robert Tichburne, Humphrey Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope, James Temple, Augustine Gar- land, Edmund Ludlow, Henry Marten, Vincent Potter, William Constable, Richard Ingoldsby, William Cawley, John Barslead, Isaac Ewers, John Dixwell, Valentine Wai ton, Gregory Norton, Thomas Chaloner, Thomas Wogan John Ven, Gregory Clement, John Downs, Thomas Wayte, Thomas Scot, John Carew, Miles Corbet." Rush., vii., 1420. * Hume, Hist,, Y,, 75. a time as this, that they could have eased their hearts ! The mournful and tragic scene that was en- acted on the 30th of January, 1649, in the open street fronting Whitehall,* is familiar to every reader of history, and need not be described here. Through the whole of that scene Charles bore himself with a dignified composure, and was to the last undisturbed, self-possessed, and serene. He addressed the crowd from the scaffold, forgave all his enemies, protested that the war was not begun by him, declared that the people's right was only to have their life and goods their own, " a share in the govern- ment being nothing pertaining to them," and concluded with words which, perhaps, express- ed a sincere delusion, that " he died the martyr of the people." When his head fell, severed by the executioner at one blow, " a dismal, uni- versal groan issued from the crowd. " He nothing common did, or mean, Upon that memorable scene ; But with his keener eye The axe's edge did try : Nor called the gods, with vulgar spite, To vindicate his helpless right : But bowed his comely head Down as upon a bed '." So in a lew years after wrote a most generous adversary, whose name is dear to every lover of literature or of liberty, Andrew Marvel, and in an ode to Oliver Cromwell himself! The lapse of two centuries has confirmed the po- et's praise. In pronouncing upon this great event as a mere act of statesmanship an opinion called for in this memoir of one of the king's most ardent and inflexible judges it needs no hesi- tation to declare it at once a most melancholy and disastrous error. The result proved that, through long years of political sufferings and distractions. But as surely as it was an error, so surely was it committed in good faith com- mitted as an awful act of justice, and to exhib- it to the kings of the earth, and, through them, ;o all succeeding generations of men, " a terri- example." It cannot be denied by any just and unbiased inquirer into history (for histories are so written that it is not sufficient to read them alone), that Charles I. had, " to a degree which can scarcely be exceeded, conspired against the liberty of his country."t It was to this he died a martyr ; not to the Church or to the people, but to his intense desire for abso- ute power and authority. For this he laid aside, for upward of twelve years, all use of Parliaments ; for this, when driven to them again, he negotiated for an army both in Eng- and and in Scotland to overawe their sittings ; "or this, he most daringly violated their most sacred privileges, at last commenced war against them, and for four years desolated ~ngland with the blood of her bravest children. Nor, when conquered, did he surrender the desperate hope which was still sustained for his. In every quarter he sought for the mate- rials of a new war ; and at last, after an inter- al of twenty months, " and from the depths of his prison," he found them. Nor should it * The scaffold was erected immediately before the Ban- ueting House, now Whitehall Chapel, and Charles is said o have entered upon the scaffold through the centre win* ;ow of the latter building. t Godwin, Hist, of Com., ii., 689. HENRY MARTEN. 377 be forgotten that all hope of compromise at last was rendered doubly vain by the most consum- mate insincerity on the part of Charles : " He could never be reconciled ; he coukl never be disarmed ; he could never be convinced. His was a war to the death, and therefore had the utmost aggravation that can belong to a war against the liberty of a nation."* Such was the character and conduct of Charles I., and herein the justification of the motives of his judges. What farther is to be said on this point shall be said in this memoir by themselves. What can be better urged for those who held that a simple deposition of. Charles was the wiser course, has been said in the Life of Vane. A distinction, however, has been made by the historian of the Commonwealth, t which should not be omitted here. Speaking of the critical complexion of Parliamentary proceed- ings at the time of the king's death, he ob- serves, " In the beginning of the year the Inde- pendents had had the superiority ; but their au- thority, so far as depended on the number of votes, hung by a thread. How long was that state of things likely to continue 1 By what- ever party they were displaced, they well knew that the crime of sitting in judgment on Charles, and signing the warrant for his execution, would be visited with the severest vengeance.f They knew that they held their lives in their hands. When they gave judgment against the king, they at the same time pronounced sentence on themselves. They could not, with any securi- ty, calculate on the impunity of eleven years and four months, which they ultimately reaped. But they had engaged in a great cause, and they would not draw back. Their cause might triumph forever ; but they could not be so in- fatuated and so blind as not to perceive the many probabilities there were that the business would have a different issue. In that case they consented to sacrifice their lives on the altar of their country. But we must not be so un- reasonable as to imagine that the judges who sat on the life of the king were all men of hero- ic resolution. There were certain men among them by whom the business was planned ; there were others who had no part in framing the measure, but who willingly devoted them- selves in the affair ; but there was also a por- tion of the king's judges who co-operated from timidity had no will to the business, but had not the courage to refuse those by whom they were pressed into it." Upon the whole, the subject may be safely left with the opinion of the greatest statesman of modern times, and a high and unblemished authority on all points of constitutional doc- trine. " If," observes Charles James Fox, in his " Fragment of History," " if we consider this question of example in a more extended view, and look to the general effect produced upon the minds of men, it cannot be doubted but the opportunity thus given to Charles to display his firmness and piety has created more respect for his memory than it could otherwise have obtained. It has been thought dangerous * Godwin, Hist, of the Com., ii., 689. t Mr. Godwin. t Nor was this the only danger. Assassination must have been present to their imaginations, as likely to have been resorted to against them. Dorislaus and Rainsborough were assassinated soon alter. (See Brodie, Brit. Emp., iv., 264 ; and Godwin, iv., 693.) BIB to the morals bf mankind, even in romance, to make us sympathize with characters whose general conduct is blameable ; but how much greater must the effect be when, in real history, our feelings are interested in favour of a mon- arch with whom, to say the least, his subjects were obliged to contend in arms for their liberty I After all, however, notwithstanding what the more reasonable part of mankind may think upon this question, it is much to be doubted whether this singular proceeding has not, as much as any other circumstance, served to raise the character of the English nation in the opinion of Europe in general. The truth is, that the guilt of the action that is to say, the taking away of the life of the king is what most men in the place of Cromwell and his associates would have incurred ; what there is of splendour and of magnanimity in it, I mean the publicity and solemnity of the act, is what few would be ca~ fable of displaying.' 1 '' The business of the Commonwealth was now resumed with quiet and resolved deliberation. On the Commons' journals of the day of exe- cution there is a remarkable entry : " Ordered, That the common post be stayed until to-morrow morning, 10 o'clock ;" but on the day following, ordinary matters were proceeded with ; and on the 1st of February the House of Lords sent a message to the House of Commons, desiring a conference on the new settlement. The Com- mons allowed the messengers to wait at the door without the slightest notice of them or of their message. The patience of the messen- gers was exhausted, but not that of the Lords, who sent again and again, with as little suc- cess.* At last 'the Commons took notice of their existence indeed ! On the 6th of February it was moved in the House of Commons " that the House of Peers in Parliament is useless, dangerous, and ought to be abolished, and that an act be brought in to that purpose." Upon this Mr. D'Israeli re- marks,t " Harry Marten, as reckless in his wit as in his life, with the same tolerant good- humour which he had evinced on a former oc- casion with Judge Jenkins, proposed an amend- ment in favour of the Lords, that ' they were useless, but not dangerous.' By this felicitous humour, this Commonwealth-man had often relieved the Royalists in their most critical circumstances." Mr. D'Israeli here falls into an unaccountable error. Marten's amendment was merely as to the terms of the motion, and, far from being "in favour" of the Lords, is perhaps the most exquisite sarcasm that has ever been levelled against them. His dislike of that House was always, it has been shown, most eagerly manifested, and the present op- portunity was not to be resisted. Some graver members having objected, he withdrew the amendment ; and, on the subsequent division of forty-four to twenty-nine, which took place on the motion for the abolition, was one of the tellers * for the majority against the Lords. When the motion passed their lordships were sitting. It was communicated to them ; they heard prayers ; disposed of a rectory ; ad- * History from Mackintosh, vi., 134. t Commentaries, v., 418. t Journals. Lord Grey of Groby was the other teller, and for the minority the tellers were Colonels Purefoy and Sydenham. 378 BRITISH STATESMEN. journed to the next morning as if nothing had happened, and did not sit again till the Res- toration.* A more memorable vote was passed next day : " That kingship in this nation hath been found by experience to be unnecessary, bur- densome, and dangerous to the liberty, safety, and public interest of the people, and ought therefore to be abolished." This was followed up by Marten, who proposed that the king's statues at the Old Royal Exchange and other places should be taken down, and the following inscriptions placed on the several sites : " Exit Tyrannus Regum ultimus Anno libertatis An- gli The reader need not be told that this was the famous Thomas Cromwell of the Reformation rthe .son of Walter had risen to be Henry VIII.'s prime minister and vicar-general of England, and whose sister had married into the family of Oliver's ances- tors. The latter were Welsh, and bore the name of Williams,* until Sir Richard Williams the issue of this marriage between the sister of Essex and Mr. Morgan Williams, " of Llan- ishen in the county of Glamorgan" having risen into favour and knighthood at Henry VIII.'s court by his own gallant prowess and the influence of his uncle, and having obtained, among other extensive grants of nunneries and monasteries at that time dissolved, the nunnery of Hinchinbrook and the abbey of Ramsey, in the county of Huntingdon, fixed his seat at the former place, and assumed thenceforward the name of Cromwell, in honour of the chief archi- tect of his princely fortunes. Thus from the chivalrous son of a Glamor- ganshire squire the worldly power and splen- dour of the family of the Cromwells took its rise, as from the farmer son of a brewer of Huntingdon it afterward dated its immortality. This Richard Cromwell was one of the few favourites and servants of Henry VIII. whom he did not send to the scaffold ; and when, in the old Chronicles of Stow.t we catch the dawn Cromwell, a blacksmith of Putney who rose to power on the wreck of Wolsey's fortunes, and fell suddenly down by disregarding Wolsey's fate. Doubtless he was not free from error, but his memory claims a larger share of our respect than is generally due to such men. * The pedigree of this family, from whom Oliver Crom- well directly sprung, commences, according to the indus- trious and satisfactory researches of Mr. Noble, with Glo- thyan, lord of Powis, who, about the middle of the eleventh century, married Morveth, the daughter and heiress of Ed- win ap Tydwell, lord of Cardigan. William ap Yevan, the representative of the family in the fifteenth century, was first in tlve service of Caspar, duke of Bedford, Henry VIII.'s uncle, and afterward in that of Henry himself. Morgan Williams, or, rather, Morgan ap Williams (he gare up the latter name in obedience to Henry VIII.'s policy of mingling together, as much as possible, the English and Welsh names and families), who married Essex's sister, was William ap Yevan's son. [I am not quite willing to join Mr. Carlyle in his contempt for Noble, who really has deserved the grati- tude of posterity for his laborious researches. C.] t Stow thus describes the tournament ; the incident at its close is given in Fuller's Church History. Here are Stow's words: "On May-day was a great triumph of just- ing at Westminster, which justs had been proclaimed in France, Flanders, Scotland, and Spain, for all commers that would, against the challengers of England, which were Sir John Dudley, Sir T. Seymour, Sir T. Poynings, Sir George Carew, knights ; Anthony Kingston, and Richard Crom- well, esquires: which said challengers came into the listes that day, richly apparelled, and their horses tra;i'0tl all in white, gentlemen riding afore them, apparelled all with velvet and white sarsnet, and all their servants in white doublets, and hosen cut all in the Burgonion fashion ; and there came to just against them the said day, of defendants forty-six, the Earl of Surry being the foremost ; Lord Will- iame Howard, Lord Clinton, and Lord Cromwell, son and heir to T. Cromwell, earle of Essex, and chamberlaine of England, with other, which were all richly apparelled : and that day Sir John Dudley was overthrown in the field, by mischance of his horse, by one Andrew Breme ; never- theless, he brake divers spears valiantly after that ; and af- ter the said justs done, the said challengers rode to Durham Place, where they kept open household, and feasted the king and queen, with their ladies, and all the court. The 2d of May, Anthony Kingstone and Richard Cromwell were made knights of the same place. The 3d of May, the said challengers did tourney on horseback, with swords ; there came against them twenty-nine defendants : Sir John Dud- ley and the Earl of Surrey running first, which, the first CX // t- T '/V//AV 7 *RPtR KND BROTHEBS NEW YOR OLIVER CROMWELL. 393 of his loyal fortunes, it is as though it gleamed reproachfully down upon the terrible act which laid the foundation of the mightier fortunes of his great-grandson Oliver. On May-day, 1540, a brilliant tournament at Westminster opens its lists before us, in which Richard Cromwell and others had proclaimed themselves to France, Flanders, and Scotland the defenders of the honour and rights of their English king. Henry VIII. looks on, and when Sir Richard Cromwell has struck down challenger after chal- lenger with undaunted arm, forth from his deep broad chest rolls out the royal laugh of Henry : " Formerly thou wast my Dick, but hereafter thou shall be my diamond." Then from the finger of majesty drops a diamond ring, which Sir Richard picks up and again presents to Henry, who laughingly places it on his finger, and bids him ever after bear such a one in the fore gamb of the demi-lion in his crest ; and such a ring did Oliver Cromwell wear there* when he left his farm at Ely to bear more formidable arms at the challenge of a king ! The sudden and violent fall of Essex had no disastrous effect on his kinsman's fortunes, which shone brightly to the last. Enriched to an almost unprecedented extent by the plunder of the religious houses, he left to his son, Henry Cromwell, the inheritance of a most noble fortune. t Nor was this Henry less for- course, lost their gauntlets, and that day Sir Richard Crom- well overthrew M. Palmer in the field off his horse, to the great honour of the challengers. The 5th of May, the said challengers fought on foot, at the barriers, and against thorn came thirty defendants, which fought valiantly, but Sirjlichard Cromwell overthrew that day, at the barriers, M. Culpepper in the field ; and the sixth of May the said challengers brake up their household: in the which time of their house-keeping they had not only feasted the king, queen, ladies, and the whole court, as was aforesaid, but on the Tuesday in the Rogation Weeke they feasted all the knights and burgesses of the Common House in the Parlia- ment ; and on the morrow after, they had the mayor of London, the aldermen, and all their wives to dinner ; and on the Friday they brake it up as is aforesaid." Sir Richard and the five challengers had then each of them, as a reward of their valour, 100 marks annually, with a house to live in, to them and to their heirs forever, granted out of the mon- astery of the friars of St. Francis, in Stamford, which was dissolved October 8, 1538 ; and his majesty was the better enabled to do this, as Sir Will. Weston, the last prior, who had an annuity out of the monastery, died two days after the justs. Fortunate king and fortunate knights, to have a prior die so opportunely ! But to break a heart is not a bad recipe for death at any time. * See Noble's Protectoral House, vol. i., p. 11, and Ful- ler's Church History. t In his will (which is dated as early as June, 1545), it appears, he styled himself by the alias Williams, a custom observed by all the Cromwells up to and even past the time of Oliver. An extract of this will, in which Sir Richard describes himself as of " the privy chamber of the king," is given by Mr. Noble. " He directs that his body shall be buried in the place where he should die ; and devises his estates in the counties of Cambridge, Huntingdon, Lincoln, and Bedford, to his eldest sou Henry, with the sum of 500 to purchase him necessary furniture, when he shall come of age : his estates in Glamorganshire he devises to his son Francis (his only other son), and bequeaths 300 to each of his nieces, Joan and Ann, daughters of his brother, Wal- ter Cromwell ; and directs, that if Tho. Wingfield, then in ward to him, should choose to marry either of them, he shall have his wardship remitted to him, otherwise that the same should be sold ; he also leaves three of his best great horses to the king, and one other great horse to Lord Crom- well, after the king has chosen : legacies are also left to Sir John Williams, knt., and Sir Edw. North, kut., chan- cellor of the court of augmentation, and to several other persons, who seem to have been servants. Gab. Donne, clerk; Andr. Judde, Will. Coke, Phil. Lenthall, and Rich. Servin