a like obedience The name of the king was so essential to all laws, and so familiar in all acts of executive authority, that the parliament was afraid, had they totally omitted it, that the innovation would be too sensible to the people. In all commands, therefore, which they conferred, they bound the persons to obey the orders of his majesty signified by both houses of parliament. And inventing a distinction, hitherto unheard of, between the office and the person of the king, those very forces which they employed against him they levied in his name and by his authority.* It is remarkable how much the topics of argument were now reversed between the parties. The king, while he acknowledged his former error, of employing a plea of necessity in order to infringe the laws and constitution, warned the parliament not to imitate an example on which they threw such violent blame; and the parliament, while they clothed their personal fears or ambition under the appearance of national and imminent danger, made unknowingly an apology for the most exceptionable part of the king's conduct. That the liberties of the people were no longer exposed to any peril from royal authority, so narrowly circumscribed, so exactly defined, so much unsupported by revenue and by military power, might be maintained upon very plausible topics: but that the danger, allowing it to have any existence, was not of that kind, great, urgent, inevitable, which dissolves all law and levels all limitations, seems apparent from the simples: view of these transactions. So obvious indeed was the king's present inability to invade the constitution, that the fears and jealousies which operated on the people, and pushed them so furiously to arms, were undoubtedly not of a civil, but of a religious nature. The distempered imaginations of men were agitated with a continual dread of Popery, with a horror against prelacy, with an antipathy to ceremonies and the liturgy, and with a violent affection for whatever was most opposite to these objects of aversion. The fanatical spirit, let loose, confounded all regard to ease, safety, interest; and dissolved every moral and civil obligation.t Each party was now willing to throw on its antagonist the odium of commencing a civil war; but both of them prepared for an event which they deemed inevitable. To gain the * Rush. vol. v. p. 526. + See note I, at the end of the volume. people's favor and good opinion was the chief point on both sides. Never was there a people less corrupted by vice, and more actuated by principle, than the English during that period: never were there individuals who possessed more capacity, more courage, more public spirit, more disinterested zeal. The infusion of one ingredient in too large a propor tion had corrupted all these noble principles, and converted them into the most virulent poison. To determine his choice in the approaching contests, every man hearkened with avidity to the reasons proposed on both sides. The war of the pen preceded that of the sword, and daily sharpened the humors. of the opposite parties. Besides private adventurers without number, the king and parliament themselves carried on the controversy by messages, remonstrances, and declarations; where the nation was really the party to whom all argu ments were addressed. Charles had here a double advantage. Not only his cause was more favorable, as supporting the ancient government in church and state against the most illegal pretensions; it was also defended with more art and eloquence. Lord Falkland had accepted the office of secretary; a man who adorned the purest virtue, with the richest gifts of nature, and the most valuable acquisitions of learning. By him, assisted by the king himself, were the memorials of the royal party chiefly composed. So sensible was Charles of his superiority in this particular, that he took care to disperse every where the papers of the parliament together with his own, that the people might be the more enabled, by comparison, to form a judgment between them: the parliament, while they distributed copies of their own, were anxious to suppress all the king's compositions.* To clear up the principles of the constitution, to mark the boundaries of the powers intrusted by law to the several members, to show what great improvements the whole political system had received from the king's late concessions, to demonstrate his en.ire confidence in his people, and his reliance on their affections, to point out the ungrateful returns which had been made him, and the enormous encroachments, insults, and indignities to which he had been exposed; these were the topics which, with so much justness of reasoning and propriety of expression, were insisted on in the king's declarations and remonstrances.t * Rush. vol. v. p. 751. + See note K, at the end of the volume. Though these writings were of consequence, and tended much to reconcile the nation to Charles, it was evident that they would not be decisive, and that keener weapons must uetermine the controversy. To the ordinance of the parliament concerning the militia, the king opposed his commissions of array. The counties obeyed the one or the other, according as they stood affected. And in many counties, where the people were divided, mobbish combats and skirmishes ensued." The parliament on this occasion went so far as to vote, "That when the lords and commons in parliament, which is the supreme court of judicature, shall declare what the law of the land is, to have this not only questioned, but contradicted, is a high breach of their privileges."+ This was a plain assuming of the whole legislative authority, and exerting it in the most material article, the government of the militia. Upon the same principles they pretended, by a verbal criticism on the tense of a Latin verb, to ravish from the king his negative voice in the legislature.‡ The magazine of Hull contained the arms of all the forces levied against the Scots; and Sir John Hotham, the governor, though he had accepted of a commission from the parliament, was not thought to be much disaffected to the church and monarchy. Charles therefore entertained hopes that if he presented himself at Hull before the commencement of hostil ities, Hotham, overawed by his presence, would admit him with his retinue; after which he might easily render himself master of the place. But the governor was on his guard. He shut the gates, and refused to receive the king, who desired leave to enter with twenty persons only. Charles immediately proclaimed him traitor, and complained to the parliament of his disobedience. The parliament avowed and justified the action. The county of York levied a guard for the king of six hun dred men; for the kings of England had hitherto lived among their subjects like fathers among their children, and had derived all their security from the dignity of their character, * May, book ii. p. 99. " † Rush. vol. v. p. 534. The king, by his coronation oath, promises that he would main. tain the laws and customs which the people had chosen, "quas vulgus elegerit: the parliament pretended, that elegerit meant shall choose; and, consequently, that the king had no right to refuse any bills which should be presented him. See Rush. vol. v. p. 580. Whitlocke, p. 55. Rush. vol. v. p. 565, etc. Mrv, hook i p. 51. and from the protection of the laws. The two houses, though they had already levied a guard for themselves, had attempted to seize all the military power, all the navy, and all the forts of the kingdom, and had openly employed their authority in every kind of warlike preparations, yet immediately votea, "That the king, seduced by wicked counsel, intended to make war against his parliament, who, in all their consultations and actions, had proposed no other end but the care of his kingdoms, and the performance of all duty and loyalty to his person; that this attempt was a breach of the trust reposed in him by his people, contrary to his oath, and tending to a dissolution of the government; and that whoever should assist him in such a war, were traitors to the fundamental laws of the kingdom." * The armies which had been everywhere raised on pretence of the service in Ireland, were henceforth more openly enlisted by the parliament for their own purposes, and the command of them was given to the earl of Essex. In London, no less than four thousand men enlisted in one day.† And the parliament voted a declaration, which they required every member to subscribe, that they would live and die with their general. They issued orders for bringing in loans of money and plate, in order to maintain forces which should defend the king and both houses of parliament; for this style they still preserved. Within ten days, vast quantities of plate were brought to their treasurers. Hardly were there men enough to receive it, or room sufficient to stow it; and many with regret were obliged to carry back their offerings, and wait till the treasurers could find leisure to receive them; such zeal animated the pious partisans of the parliament, especially in the city. The women gave up all the plate and ornaments of their houses, and even their silver thimbles and bodkins, in order to support the good cause against the malignants." + Meanwhile the splendor of the nobility with which the king was environed much eclipsed the appearance at Westminster. Lord Keeper Littleton, after sending the great seal before him, *Whitlocke, p. 57. Rush. vol. v. p. 717. Dugdale, p. 93. Mav, book 11. p. 54. † Vicar's God in the Mount. Whitlocke, p. 58. Dugdale, p. 96, 99. * had fled to York. Above forty peers of the first rank attended the king, whilst the house of lords seldom consisted of more than sixteen members. Near the moiety, too, of the lower house absented themselves from counsels which they deemed so full of danger. The commons sent up an impeachment against nine peers, for deserting their duty in parliament. Their own members, also, who should return to them, they voted not to admit till satisfied concerning the reason of their absence. Charles made a declaration to the peers who attended him, that he expected from them no obedience to any commands which were not warranted by the laws of the land. The peers answered this declaration by a protest, in which they declared their resolution to obey no commands but such as were warranted by that authority.† By these deliberate engagements, so worthy of an English prince and English nobility, they meant to confound the furious and tumultuary resolutions taken by the parliament. The queen, disposing of the crown jewels in Holland, had been enabled to purchase a cargo of arms and ammunition. Part of these, after escaping many perils, arrived safely to the king. His preparations were not near so forward as those of the parliament. In order to remove all jealousy, he had resolved that their usurpations and illegal pretensions should be apparent to the whole world; and thought that to recover the confidence of the people was a point much more material to his interest, than the collecting of any magazines, stores, or armies which might breed apprehensions of violent or illegal counsels. But the urgent necessity of his situation no longer admitted of delay. He now prepared himself for defence. With a spirit, activity, and address, which neither the one party apprehended nor the other expected, he employed all the advantages which remained to him, and roused up his adherents to arms. The resources of this prince's genius increased in proportion to his difficulties, and he never appeared greater than when plunged into the deepest perils and distresses. From the mixed character, indeed, of Charles, arose in part the misfortunes in which England was at this time involved. His political errors, or rather weaknesses, had * May, book ii. p. 59. Rush vol. v. p. 626, 627. May, book ii. p. 86. Warwick, p. 210 |