Abbildungen der Seite
PDF
EPUB

expire, promised him protection, and assured him that not a nair of his head should be touched by the parliament.*

No sooner was Strafford's arrival known, than a concerted attack was made upon him in the house of commons. Pyn, in a long studied discourse, divided into many heads, after his manner, enumerated all the grievances under which the nation labored; and, from a complication of such oppressions, inferred that a deliberate plan had been formed of changing entirely the frame of government, and subverting the ancient laws and liberties of the kingdom.t Could any thing, he said, increase our indignation against so enormous and criminal a project, it would be to find that, during the reign of the best of princes, the constitution had been endangered by the worst of ministers, and that the virtues of the king had been seduced by wicked and pernicious counsel. We must inquire, added he, from what fountain these waters of bitterness flow; and though doubtless many evil counsellors will be found to have contributed their endeavors, yet there is one who challenges the infamous preeminence, and who, by his courage, enterprise, and capacity, is entitled to the first place among these betrayers of their country. He is the earl of Strafford, lieutenant of Ireland, and president of the council of York, who, in both places, and in all other provinces where he has been intrusted with authority, has raised ample monuments of tyranny, and will appear, from a survey of his actions, to be the chief promoter of every arbitrary counsel. Some instances of imperious expressions, as well as actions, were given by Pym; who afterwards entered into a more personal attack of that minister, and endeavored to expose his whole character and manners. The austere genius of Strafford, occupied in the pursuits of ambition, had not rendered his breast altogether inaccessible to the tender passions, or secured him from the dominion of the fair; and in that sullen age, when the irregularities of pleasure were more reproachful than the most odious crimes, these weaknesses were thought worthy of being mentioned, together with his treasons, before so great an assembly. And, upon the whole, the orator concluded, that it belonged to the house to provide a remedy proportionablo to the disease, and to prevent the further mischiefs justly to be apprehended from the influence which this man had acquired over the measures and counsels of their sovereign.‡

* Whitlocke, p. 36.
Clarendon, vol. i. p. 172.

† Whitlocke, p. 36

Sir John Clotworthy, an Irish gentleman, Sir John Hotham of Yorkshire, and many others, entered into the same topics, and after several hours spent in bitter invective, when the doors were locked, in order to prevent all discovery of their purpose, it was moved, in consequence of the resolution secretly taken, that Strafford should immediately be impeached of high treason. This motion was received with universal approbation; nor was there, in all the debate, one person who offered to stop the torrent by any testimony in favor of the earl's conduct. Lord Falkland alone, though known to be his enemy, modestly desired the house to consider whether it would not better suit the gravity of their proceedings, first to digest by a committee many of those particulars which had been mentioned, before they sent up an accusation against him. It was ingeniously answered by Pym, that such a delay might probably blast all their hopes, and put it out of their power to proceed any further in the prosecution: that when Strafford should learn that so many of his enormities were discovered, his conscience would dictate his condemnation; and so great was his power and credit, he would immediately procure the dissolution of the parliament, or attempt some other desperate measure for his own preservation: that the commons were only accusers, not judges; and it was the province of the peers to determine whether such a complication of enormous crimes in one person, did not amount to the highest crime known by the law.* Without further debate, the impeachment was voted: Pym was chosen to carry it to the lords most of the house accompanied him on so agreeable an errand; and Strafford, who had just entered the house of peers, and who little expected so speedy a prosecution was immediately, upon this general charge, ordered into cus tody, with several symptoms of violent prejudice in his judges as well as in his prosecutors.

up

In the inquiry concerning grievances, and in the censure of past measures, Laud could not long escape the severe scrutiny of the commons; who were led too, in their accusation of that prelate, as well by their prejudices against his whole order, as by the extreme antipathy which his intemperate zeal had drawn upon him. After a deliberation which scarcely lasted half an hour, an impeachment of high treason was voted against this subject, the first both in rank and in

* Clarendon, vol. i. p. 174.

favor throughout the kingdom. Though this incident, cou sidering the example of Strafford's impeachment, and thu present disposition of the nation and parliament, needed be no surprise to him, yet was he betrayed into some passion when the accusation was presented. "The commons themselves," he said, "though his accusers, did not believe him guilty of the crimes with which they charged him ;" an indiscretion which, next day, upon more mature deliberation, he desired leave to retract; but so little favorable were the peers, that they refused him this advantage or indulgence. Laud also was immediately, upon this general charge, sequestered from parliament, and committed to custody.*

The capital article insisted on against these two great men, was the design which the commons supposed to have been formed of subverting the laws and constitution of England, and introducing arbitrary and unlimited authority into the kingdom. Of all the king's ministers, no one was so obnoxious in this respect as the lord keeper Finch. He it was who, being speaker in the king's third parliament, had left the chair, and refused to put the question when ordered by the house. The extrajudicial opinion of the judges in the case of ship money had been procured by his intrigues, persuasions, and even menaces. In all unpopular and illegal measures, he was ever most active; and he was even believed to have declared publicly, that, while he was keeper, an order of council should always with him be equivalent to a law. To appease the rising displeasure of the commons, he desired to be heard at their bar. He prostrated himself with all humility before them; but this submission availed him nothing. An impeachment was resolved on; and in order to escape their fury, he thought proper secretly to withdraw, and retire into Holland. As he was not esteemed equal to Strafford, or even to Laud, either in capacity or in fidelity to his master, it was generally believed that his escape had been connived at by the popular leaders.† His impeachment, however, in his absence, was carried up to the house of peers.

Sir Francis Windebank, the secretary, was a creature of Laud's; a sufficient reason for his being extremely obnoxious to the commons. He was secretly suspected too of the crime.

* Clarendon, vol. i. p. 177. Whitlocke, p. 38. Rush. vol. in p. 1865.

† Clarendon, vol. i. p. 177. Whitlocke, p. 38. Rush. vol. i. p 129. 136.

of Popery; and it was known that, from complaisance to the queen, and indeed in compliance with the king's maxims of government, he had granted many indulgences to Catholics, and had signed warrants for the pardon of priests, and their delivery from confinement. Grimstone, a popular member, called him, in the house, the very pander and broker to the whore of Babylon.* Finding that the scrutiny of the com mons was pointing towards him, and being sensible that Eng. land was no longer a place of safety for men of his character, he suddenly made his escape into France.†

Thus in a few weeks this house of commons, not opposed, or rather seconded by the peers, had produced such a revolution in the government, that the two most powerful and most favored ministers of the king were thrown into the Tower, and daily expected to be tried for their life: two other ministers had, by flight alone, saved themselves from a like fate: all the king's servants saw that no protection could be given them by their master: a new jurisdiction was erected in the nation; and before that tribunal all those trembled who had before exulted most in their credit and authority.

What rendered the power of the commons more formidable was, the extreme prudence with which it was conducted. Not content with the authority which they had acquired by attacking these great ministers, they were resolved to render the most considerable bodies of the nation obnoxious to them. Though the idơ of the people, they determined to fortify themselves likewise with terrors, and to overawe those who might still be inclined to support the falling ruins of monarchy.

During the late military operations, several powers had been exercised by the lieutenants and deputy lieutenants of counties; and these powers, though necessary for the defence of the nation, and even warranted by all former precedent, yet not being authorized by statute, were now voted to be illegal, and the persons who had assumed them declared delinquents. This term was newly come into vogue, and expressed a degree and species of guilt not exactly known or ascertained. In consequence of that determination, many of the nobility and prime gentry of the nation, while only exerting as they justly thought, the legal powers of magistracy

Rush. vol. v. p. 122.

T Clarendon, vol. i. p. 178. Whitlocke, p. 37.

unexpectedly found themselves involved in the crime of delin quency. And the commons reaped this multiplied advantage by their vote: they disarmed the crown; they established the maxims of rigid law and liberty; and they spread the terror of their own authority.*

The writs for ship money had been directed to the sheriffs, who were required, and even obliged, under severe penalties, to assess the sums upon individuals, and to levy them by their authority: yet were all the sheriffs, and all those who had been employed in that illegal service, voted, by a very rigorous sentence, to be delinquents. The king, by the maxims of law, could do no wrong: his ministers and servants, of whatever degree, in case of any violation of the constitution, were alone culpable.†

All the farmers and officers of the customs, who had been employed during so many years in levying tonnage and poundage and the new inpositions, were likewise declared criminals, and were afterwards glad to compound for a pardon by paying a fine of one hundred and fifty thousand pounds.

Every discretionary or arbitrary sentence of the star chamber and high commission, courts which, from their very constitution, were arbitrary, underwent a severe scrutiny; and all those who had concurred in such sentences were voted to be liable to the penalties of law. No minister of the king, no member of the council, but found himself exposed by this decision.

The judges who had given their vote against Hambden in the trial of ship money, were accused before the peers, and obliged to find surety for their appearance. Berkeley, a judge of the king's bench, was seized by order of the house, even when sitting in his tribunal; and all men saw with astonishment the irresistible authority of their jurisdiction.§

The sanction of the lords and commons, as well as that of the king, was declared necessary for the confirmation of ecclesiastical canons.|| And this judgment, it must be confessed, however reasonable, at least useful, it would have been difficult to justify by any precedent.

Clarendon, vol. i. p. 176.

+ Clarendon, vol. i. p. 176.

Whitlocke, p. 39.

But the present was no

Clarendon, vol. i. p. 177.
Nalson, vol. i. p. 679.

An act of parliament, 25th Henry VIII., cap. 19, allowed the convocation with the king's consent to make canons. By the famous

« ZurückWeiter »