Chapter LIX: Charles I (2)

This measure, therefore, being secretly resolved on, it was requisite, by degrees, to make the parliament adopt it, and to conduct them from violence to violence, till this last act of atrocious iniquity should seem in a manner wholly inevitable. The king, in order to remove those fears and jealousies, which were perpetually pleaded as reasons for every invasion of the constitution, had offered, by a message sent from Carisbroke Castle, to resign, during his own life, the power of the militia and the nomination to all the great offices; provided that, after his demise, these prerogatives should revert to the crown.[**] But the parliament acted entirely as victors and enemies; and, in all their transactions with him, paid no longer any regard to equity or reason. At the instigation of the Independents and army, they neglected this offer, and framed four proposals, which they sent him as preliminaries; and before they would deign to treat, they demanded his positive assent to all of them.

* The following was a favorite text among the enthusiasts of
that age: "Let the high praises of God be in the mouths of
his saints, and a twofold sword in their hands, to execute
vengeance upon the heathen and punishment upon the people;
to bind their kings with chains and their nobles with
fetters of iron; to execute upon them the judgments written:
This honor have all his saints." Psalm cxlix, ver. 6, 7, 8,
9. Hugh Peters, the mad chaplain of Cromwell, preached
frequently upon this text.

** Rush. vol. viii. p 880.

By one, he was required to invest the parliament with the military power for twenty years, together with an authority to levy whatever money should be necessary for exercising it; and even after the twenty years should be elapsed, they reserved a right of resuming the same authority, whenever they should declare the safety of the kingdom to require it. By the second, he was to recall all his proclamations and declarations against the parliament, and acknowledge that assembly to have taken arms in their just and necessary defence. By the third, he was to annul all the acts, and void all the patents of peerage, which had passed the great seal since it had been carried from London by Lord Keeper Littleton; and at the same time, renounce for the future the power of making peers without consent of parliament. By the fourth, he gave the two houses power to adjourn as they thought proper; a demand seemingly of no great importance, but contrived by the Independents, that they might be able to remove the parliament to places where it should remain in perpetual subjection to the army.[*]

{1648.} The king regarded the pretension as unusual and exorbitant, that he should make such concessions, while not secure of any settlement; and should blindly trust his enemies for the conditions which they were afterwards to grant him. He required, therefore, a personal treaty with the parliament, and desired that all the terms on both sides should be adjusted, before any concession on either side should be insisted on. The republican party in the house pretended to take fire at this answer; and openly inveighed, in violent terms, against the person and government of the king; whose name, hitherto, had commonly, in all debates, been mentioned with some degree of reverence. Ireton, seeming to speak the sense of the army, under the appellation of many thousand godly men, who had ventured their lives in defence of the parliament, said, that the king, by denying the four bills, had refused safety and protection to his people; that their obedience to him was but a reciprocal duty for his protection of them; and that, as he had failed on his part, they were freed from all obligations to allegiance, and must settle the nation, without consulting any longer so misguided a prince.[**]

* Clarendon, vol. v. p. 88

** Cl. Walker, p. 70.

Cromwell, after giving an ample character of the valor, good affections, and godliness of the army, subjoined, that it was expected the parliament should guide and defend the kingdom by their own power and resolutions, and not accustom the people any longer to expect safety and government from an obstinate man, whose heart God had hardened; that those who, at the expense of their blood, had hitherto defended the parliament from so many dangers, would still continue, with fidelity and courage, to protect them against all opposition in this vigorous measure. "Teach them not," added he, "by your neglecting your own safety and that of the kingdom, (in which theirs too is involved,) to imagine themselves betrayed, and their interests abandoned to the rage and malice of an irreconcilable enemy, whom, for your sake, they have dared to provoke. Beware," and at these words he laid his hand on his sword, "beware, lest despair cause them to seek safety by some other means than by adhering to you, who know not how to consult your own safety."[*] Such arguments prevailed; though ninety-one members had still the courage to oppose. It was voted, that no more addresses be made to the king, nor any letters or messages be received from him; and that it be treason for any one, without leave of the two houses, to have any intercourse with him. The lords concurred in the same ordinance.[**]

By this vote of non-addresses,--so it was called,--the king was in reality dethroned, and the whole constitution formally overthrown. So violent a measure was supported by a declaration of the commons no less violent. The blackest calumnies were there thrown upon the king; such as, even in their famous remonstrance, they thought proper to omit, as incredible and extravagant: the poisoning of his father, the betraying of Rochelle, the contriving of the Irish massacre.[***] By blasting his fame, had that injury been in their power, they formed a very proper prelude to the executing of violence on his person.

No sooner had the king refused his assent to the four bills, than Hammond, by orders from the army, removed all his servants, cut off his correspondence with his friends, and shut him up in close confinement. The king afterwards showed to Sir Philip Warwick a decrepit old man, who, he said, was employed to kindle his fire, and was the best company he enjoyed during several months that this rigorous confinement lasted.[****]

* Cl. Walker, p. 70.

** Rush. vol. viii. p. 965, 967.

*** Rush. vol. viii. p. 998. Clarendon, vol. v. p. 93.

**** Warwick, p. 329.

No amusement was allowed him, nor society, which might relieve his anxious thoughts: to be speedily poisoned or assassinated was the only prospect which he had every moment before his eyes; for he entertained no apprehension of a judicial sentence and execution; an event of which no history hitherto furnished an example. Meanwhile, the parliament was very industrious in publishing, from time to time, the intelligence which they received from Hammond; how cheerful the king was, how pleased with every one that approached him, how satisfied in his present condition:[*] as if the view of such benignity and constancy had not been more proper to inflame than allay the general compassion of the people.

* Rush, vol. viii. p. 989.

The great source whence the king derived consolation amidst all his calamities, was undoubtedly religion; a principle which, in him, seems to have contained nothing fierce or gloomy, nothing which enraged him against his adversaries, or terrified him with the dismal prospect of futurity. While every thing around him bore a hostile aspect; while friends, family, relations, whom he passionately loved, were placed at a distance, and unable to serve him, he reposed himself with confidence in the arms of that Being who penetrates and sustains all nature, and whose severities, if received with piety and resignation, he regarded as the surest pledges of unexhausted favor.

The parliament and army, meanwhile, enjoyed not in tranquillity that power which they had obtained with so much violence and injustice. Combinations and conspiracies, they were sensible, were every where forming around them; and Scotland, whence the king's cause had received the first fatal disaster, seemed now to promise it support and assistance.

Before the surrender of the king's person at Newcastle, and much more since that event, the subjects of discontent had been daily multiplying between the two kingdoms. The Independents, who began to prevail, took all occasions of mortifying the Scots, whom the Presbyterians looked on with the greatest affection and veneration. When the Scottish commissioners, who, joined to a committee of English lords and commons, had managed the war, were ready to depart, it was proposed in parliament to give them thanks for their civilities and good offices. The Independents insisted, that the words "good offices" should be struck out; and thus the whole brotherly friendship and intimate alliance with the Scots resolved itself into an acknowledgment of their being well-bred gentlemen.

The advance of the army to London, the subjection of the parliament, the seizing of the king at Holdenby, his confinement in Carisbroke Castle, were so many blows sensibly felt by that nation, as threatening the final overthrow of Presbytery, to which they were so passionately devoted. The covenant was profanely called, in the house of commons an almanac out of date;[*] and that impiety, though complained of, had passed uncensured. Instead of being able to determine and establish orthodoxy by the sword and by penal statutes, they saw the sectarian army, who were absolute masters, claim an unbounded liberty of conscience, which the Presbyterians regarded with the utmost abhorrence. All the violences put on the king, they loudly blamed, as repugnant to the covenant by which they stood engaged to defend his royal person. And those very actions of which they themselves had been guilty, they denominated treason and rebellion, when executed by an opposite party.

The earls of Loudon, Lauderdale, and Laneric, who were sent to London, protested against the four bills, as containing too great a diminution of the king's civil power, and providing no security for religion. They complained that, notwithstanding this protestation, the bills were still insisted on, contrary to the solemn league, and to the treaty between the two nations. And when they accompanied the English commissioners to the Isle of Wight, they secretly formed a treaty with the king for arming Scotland in his favor.[**]

* Cl. Walker, p. 80.

** Clarendon, vol. v. p. 101.

Three parties at that time prevailed in Scotland: the "royalists," who insisted upon the restoration of the king's authority, without any regard to religion sects or tenets: of these, Montrose, though absent, was regarded as the head. The "rigid Presbyterians," who hated the king even more than they abhorred toleration; and who determined to give him no assistance, till he should subscribe the covenant: these were governed by Argyle. The "moderate Presbyterians," who endeavored to reconcile the interests of religion and of the crown; and hoped, by supporting the Presbyterian party in England, to suppress the sectarian army, and to reinstate the parliament, as well as the king, in their just freedom and authority: the two brothers, Hamilton and Laneric, were leaders of this party.

When Pendennis Castle was surrendered to the parliamentary army, Hamilton, who then obtained his liberty, returned into Scotland; and being generously determined to remember ancient favors more than recent injuries, he immediately embraced, with zeal and success, the protection of the royal cause. He obtained a vote from the Scottish parliament to arm forty thousand men in support of the king's authority, and to call over a considerable body under Monro, who commanded the Scottish forces in Ulster. And though he openly protested that the covenant was the foundation of all his measures, he secretly entered into correspondence with the English royalists, Sir Marmaduke Langdale and Sir Philip Musgrave, who had levied considerable forces in the north of England.

The general assembly, who sat at the same time, and was guided by Argyle, dreaded the consequences of these measures; and foresaw that the opposite party, if successful, would effect the restoration of monarchy, without the establishment of Presbytery in England. To join the king before he had subscribed the covenant, was, in their eyes, to restore him to his honor before Christ had obtained his;[*] and they thundered out anathemas against every one who paid obedience to the parliament.

* Whitlocke, p. 300.

Two supreme independent judicatures were erected in the kingdom; one threatening the people with damnation and eternal torments, the other with imprisonment, banishment, and military execution. The people were distracted in their choice; and the armament of Hamilton's party, though seconded by all the civil power, went on but slowly. The royalists he would not as yet allow to join him, lest he might give offence to the ecclesiastical party; though he secretly promised them trust and preferment as soon as his army should advance into England.

While the Scots were making preparations for the invasion of England, every part of that kingdom was agitated with tumults, insurrections, conspiracies, discontents. It is seldom that the people gain any thing by revolutions in government; because the new settlement, jealous and insecure, must commonly be supported with more expense and severity than the old: but on no occasion was the truth of this maxim more sensibly felt, than in the present situation of England. Complaints against the oppression of ship money, against the tyranny of the star chamber, had roused the people to arms: and having gained a complete victory over the crown, they found themselves loaded with a multiplicity of taxes, formerly unknown; and scarcely an appearance of law and liberty remained in the administration. The Presbyterians, who had chiefly supported the war, were enraged to find the prize, just when it seemed within their reach, snatched by violence from them. The royalists, disappointed in their expectations by the cruel treatment which the king now received from the army, were strongly animated to restore him to liberty, and to recover the advantages which they had unfortunately lost. All orders of men were inflamed with indignation at seeing the military prevail over the civil power, and king and parliament at once reduced to subjection by a mercenary army. Many persons of family and distinction had, from the beginning of the war, adhered to the parliament: but all these were, by the new party, deprived of authority; and every office was intrusted to the most ignoble part of the nation. A base populace, exalted above their superiors; hypocrites, exercising iniquity under the visor of religion: these circumstances promised not much liberty or lenity to the people; and these were now found united in the same usurped and illegal administration.

Though the whole nation seemed to combine in their hatred of military tyranny, the ends which the several parties pursued were so different, that little concert was observed in their insurrections. Langhorne, Poyer, and Powel, Presbyterian officers, who commanded bodies of troops in Wales, were the first that declared themselves; and they drew together a considerable army in those parts, which were extremely devoted to the royal cause. An insurrection was raised in Kent by young Hales and the earl of Norwich. Lord Capel, Sir Charles Lucas, Sir George Lisle, excited commotions in Essex. The earl of Holland, who had several times changed sides since the commencement of the civil wars, endeavored to assemble forces in Surrey. Pomfret Castle, in Yorkshire, was surprised by Morrice. Langdale and Musgrave were in arms, and masters of Berwick and Carlisle in the north.

What seemed the most dangerous circumstance, the general spirit of discontent had seized the fleet. Seventeen ships, lying in the mouth of the river, declared for the king; and putting Rainsborow, their admiral, ashore, sailed over to Holland, where the prince of Wales took the command of them.[*]

* Clarendon, vol. v. p. 137.

The English royalists exclaimed loudly against Hamilton's delays, which they attributed to a refined policy in the Scots as if their intentions were, that all the king's party should first be suppressed, and the victory remain solely to the Presbyterians. Hamilton, with better reason, complained of the precipitate humor of the English royalists, who, by their ill-timed insurrections, forced him to march his army before his levies were completed, or his preparations in any forwardness.

No commotions beyond a tumult of the apprentices, which was soon suppressed, were raised in London: the terror of the army kept the citizens in subjection. The parliament was so overawed, that they declared the Scots to be enemies, and all who joined them traitors. Ninety members, however, of the lower house had the courage to dissent from this vote.

Cromwell and the military council prepared themselves with vigor and conduct for defence. The establishment of the army was at this time twenty-six thousand men; but by enlisting supernumeraries the regiments were greatly augmented, and commonly consisted of more than double their stated complement.[*]

* Whitlocke, p. 284.

Colonel Horton first attacked the revolted troops in Wales, and gave them a considerable defeat. The remnants of the vanquished threw themselves into Pembroke, and were there closely besieged, and soon after taken by Cromwell. Lambert was opposed to Langdale and Musgrave in the north, and gained advantages over them. Sir Michael Livesey defeated the earl of Holland at Kingston, and pursuing his victory, took him prisoner at St. Neots. Fairfax, having routed the Kentish royalists at Maidstone, followed the broken army; and when they joined the royalists of Essex, and threw themselves into Colchester, he laid siege to that place, which defended itself to the last extremity. A new fleet was manned, and sent out under the command of War wick, to oppose the revolted ships, of which the prince had taken the command.

While the forces were employed in all quarters, the parliament regained its liberty, and began to act with its wonted courage and spirit. The members who had withdrawn from terror of the army, returned; and infusing boldness into their companions, restored to the Presbyterian party the ascendant which it had formerly lost. The eleven impeached members were recalled, and the vote by which they were expelled was reversed. The vote, too, of non-addresses was repealed; and commissioners, five peers and ten commoners, were sent to Newport in the Isle of Wight, in order to treat with the king.[*] He was allowed to summon several of his friends and old counsellors, that he might have their advice in this important transaction.[**] The theologians on both sides, armed with their syllogisms and quotations, attended as auxiliaries.[***] By them the flame had first been raised; and their appearance was but a bad prognostic of its extinction. Any other instruments seemed better adapted for a treaty of pacification.

When the king presented himself to this company, a great and sensible alteration was remarked in his aspect, from what it appeared the year before, when he resided at Hampton Court. The moment his servants had been removed, he had laid aside all care of his person, and had allowed his beard and hair to grow, and to hang dishevelled and neglected. His hair was become almost entirely gray, either from the decline of years, or from that load of sorrows under which he labored; and which, though borne with constancy, preyed inwardly on his sensible and tender mind. His friends beheld with compassion, and perhaps even his enemies, "that gray and discrowned head," as he himself terms it, in a copy of verses, which the truth of the sentiment, rather than any elegance of expression, renders very pathetic.[****] Having in vain endeavored by courage to defend his throne from his armed adversaries, it now behoved him, by reasoning and persuasion, to save some fragments of it from these peaceful, and no less implacable negotiators.

The vigor of the king's mind, notwithstanding the seeming decline of his body, here appeared unbroken and undecayed. The parliamentary commissioners would allow none of his council to be present, and refused to enter into reasoning with any but himself. He alone, during the transactions of two months, was obliged to maintain the argument against fifteen men of the greatest parts and capacity in both houses; and no advantage was ever obtained over him,[v] This was the scene above all others in which he was qualified to excel. A quick conception, a cultivated understanding, a chaste conclusion, a dignified manner; by these accomplishments he triumphed in all discussions of cool and temperate reasoning.

* Clarendon, vol. v. p. 180. Sir Edward Walker's Perfect
Copies p. 6.

** Sir Edward Walker's Perfect Copies, p. 8.

*** Sir Edward Walker's Perfect Copies, p. 8, 38.

**** Burnet's Memoirs of Hamilton.

v Herbert's Memoirs, p. 72.

"The king is much changed," said the earl of Salisbury to Sir Philip Warwick: "he is extremely improved of late." "No," replied Sir Philip, "he was always so: but you are now at last sensible of it."[*] Sir Henry Vane, discoursing with his fellow-commissioners, drew an argument from the king's uncommon abilities, why the terms of pacification must be rendered more strict and rigid.[**] But Charles's capacity shone not equally in action as in reasoning.

The first point insisted on by the parliamentary commissioners, was the king's recalling all his proclamations and declarations against the parliament, and the acknowledging that they had taken arms in their own defence. He frankly offered the former concession, but long scrupled the latter. The falsehood, as well as indignity of that acknowledgment, begat in his breast an extreme reluctance against it. The king had, no doubt, in some particulars of moment, invaded, from a seeming necessity, the privileges of his people: but having renounced all claim to these usurped powers, having confessed his errors, and having repaired every breach in the constitution, and even erected new ramparts in order to secure it, he could no longer, at the commencement of the war, be represented as the aggressor. However it might be pretended, that the former display of his arbitrary inclinations, or rather his monarchical principles, rendered an offensive or preventive war in the parliament prudent and reasonable, it could never in any propriety of speech, make it be termed a defensive one. But the parliament, sensible that the letter of the law condemned them as rebels and traitors, deemed this point absolutely necessary for their future security; and the king, finding that peace could be obtained on no other terms, at last yielded to it. He only entered a protest, which was admitted, that no concession made by him should be valid, unless the whole treaty of pacification were concluded.[***]

* Warwick, p. 324.

** Clarendon. Sir Edward Walker, p. 319

*** Walker, p. 11, 12, 24.

He agreed that the parliament should retain, during the term of twenty years, the power over the militia and army, and that of levying what money they pleased for their support. He even yielded to them the right of resuming, at any time afterwards, this authority, whenever they should declare such a resumption necessary for public safety. In effect, the important power of the sword was forever ravished from him and his successors.[*]

He agreed that all the great offices, during twenty years should be filled by both houses of parliament.[**] He relinquished to them the entire government of Ireland, and the conduct of the war there.[***] He renounced the power of the wards, and accepted of one hundred thousand pounds a year in lieu of it.[****] He acknowledged the validity of their great seal, and gave up his own.[v] He abandoned the power of creating peers without consent of parliament. And he agreed, that all the debts contracted in order to support the war against him, should be paid by the people.

So great were the alterations made on the English constitution by this treaty, that the king said, not without reason, that he had been more an enemy to his people by these concessions, could he have prevented them, than by any other action of his life.

Of all the demands of the parliament, Charles refused only two. Though he relinquished almost every power of the crown, he would neither give up his friends to punishment, nor desert what he esteemed his religious duty. The severe repentance which he had undergone for abandoning Strafford, had no doubt confirmed him in the resolution never again to be guilty of a like error. His long solitude and severe afflictions had contributed to rivet him the more in those religious principles which had ever a considerable influence over him. His desire, however, of finishing an accommodation, induced him to go as far in both these particulars as he thought any wise consistent with his duty.

The estates of the royalists being at that time almost entirely under sequestration, Charles who could give them no protection, consented that they should pay such compositions as they and the parliament should agree on; and only begged that they might be made as moderate as possible. He had not the disposal of offices; and it seemed but a small sacrifice to consent, that a certain number of his friends should be rendered incapable of public employments.[v*]

* Walker, p. 51.

** Walker, p. 78.

*** Walker, p. 45.

**** Walker, p. 69, 77

v Walker, p. 56, 68

v* Walker, p. 61

But when the parliament demanded a bill of attainder and banishment against _seven_ persons, the marquis of Newcastle, Lord Digby, Lord Biron, Sir Marmaduke Langdale, Sir Richard Granville, Sir Francis Doddington, and Judge Jenkins, the king absolutely refused compliance; their banishment for a limited time he was willing to agree to.[*]

Religion was the fatal point about which the differences had arisen; and of all others, it was the least susceptible of composition or moderation between the contending parties. The parliament insisted on the establishment of Presbytery, the sale of the chapter lands, the abolition of all forms of prayer, and strict laws against Catholics. The king offered to retrench every thing which he did not esteem of apostolicat institution: he was willing to abolish archbishops, deans prebends, canons: he offered that the chapter lands should be let at low leases during ninety-nine years; he consented, that the present church government should continue during three years:[*] after that time, he required not that any thing should be restored to bishops but the power of ordination, and even that power to be exercised by advice of the presbyters.[**] If the parliament, upon the expiration of that period, still insisted on their demand, all other branches of episcopal jurisdiction were abolished, and a new form of church government must, by common consent, be established. The Book of Common Prayer he was willing to renounce, but required the liberty of using some other liturgy in his own chapel; [***] a demand, which, though seemingly reasonable, was positively refused by the parliament.

In the dispute on these articles, one is not surprised that two of the parliamentary theologians should tell the king, "that if he did not consent to the utter abolition of Episcopacy he would be damned." But it is not without some indignation that we read the following vote of the lords and commons: "The houses, out of their detestation to that abominable idolatry used in the mass, do declare, that they cannot admit of, or consent unto, any such indulgence in any law, as is desired by his majesty, for exempting the queen and her family from the penalties to be enacted against the exercise of the mass."****

* Walker, p. 91, 93. * Walker, p. 29, 35, 49

** Walker, p. 65.

*** Walker, p. 75, 82. Rush. vol. viii. p. 1323

**** Walker, p. 71.

The treaty of marriage, the regard to the queen's sex and high station, even common humanity; all considerations were undervalued, in comparison of their bigoted prejudices.[*] [19]

* See note S, at the end of the volume.

It was evidently the interest, both of king and parliament, to finish their treaty with all expedition; and endeavor by their combined force to resist, if possible, the usurping fury of the army. It seemed even the interest of the parliament to leave in the king's hand a considerable share of authority, by which he might be enabled to protect them and himself from so dangerous an enemy. But the terms on which they insisted were so rigorous, that the king, fearing no worse from the most implacable enemies, was in no haste to come to a conclusion. And so great was the bigotry on both sides, that they were willing to sacrifice the greatest civil interests, rather than relinquish the most minute of their theological contentions. From these causes, assisted by the artifice of the Independents, the treaty was spun out to such a length, that the invasions and insurrections were every where subdued; and the army had leisure to execute their violent and sanguinary purposes.

Hamilton, having entered England with a numerous though undisciplined army, durst not unite his forces with those of Langdale; because the English royalists had refused to take the covenant; and the Scottish Presbyterians, though engaged for the king, refused to join them on any other terms. The two armies marched together, though at some distance; nor could even the approach of the parliamentary army under Cromwell, oblige the Covenanters to consult their own safety, by a close union with the royalists. When principles are so absurd and so destructive of human society, it may safely be averred, that the more sincere and the more disinterested they are, they only become the more ridiculous and the more odious.

Cromwell feared not to oppose eight thousand men to the numerous armies of twenty thousand commanded by Hamilton and Langdale. He attacked the latter by surprise near Preston, in Lancashire; and though the royalists made a brave resistance, yet, not being succored in time by their confederates, they were almost entirely cut in pieces. Hamilton was next attacked, put to rout, and pursued to Utoxeter, where he surrendered himself prisoner. Cromwell followed his advantage; and, marching into Scotland with a considerable body joined Argyle, who was also in arms; and having suppressed Laneric, Monro, and other moderate Presbyterians he placed the power entirely in the hands of the violent party. The ecclesiastical authority, exalted above the civil, exercised the severest vengeance on all who had a share in Hamilton's engagement, as it was called; nor could any of that party recover trust, or even live in safety, but by doing solemn and public penance for taking arms, by authority of parliament in defence of their lawful sovereign.

The chancellor, Loudon, who had at first countenanced Hamilton's enterprise, being terrified with the menaces of the clergy, had some time before gone over to the other party; and he now openly in the church, though invested with the highest civil character in the kingdom, did penance for his obedience to the parliament, which he termed a "carnal self-seeking." He accompanied his penance with so many tears, and such pathetical addresses to the people for their prayers in this his uttermost sorrow and distress, that a universal weeping and lamentation took place among the deluded audience.[*]

The loan of great sums of money, often to the ruin of families, was exacted from all such as lay under any suspicion of favoring the king's party, though their conduct had been ever so inoffensive. This was a device fallen upon by the ruling party, in order, as they said, to reach "heart malignants."[**] Never in this island was known a more severe and arbitrary government, than was generally exercised by the patrons of liberty in both kingdoms.

* Whitlocke, p. 360.

** Guthrey. Lucas and Sir George Lisle.

The siege of Colchester terminated in a manner no less unfortunate than Hamilton's engagement for the royal cause. After suffering the utmost extremities of famine, after feeding on the vilest aliments, the garrison desired at last to capitulate. Fairfax required them to surrender at discretion; and he gave such an explanation to these terms, as to reserve to himself power, if he pleased, to put them all instantly to the sword. The officers endeavored, though in vain, to persuade the soldiers, by making a vigorous sally, to break through, at least to sell their lives as dear as possible. They were obliged to accept of the conditions offered; and Fairfax, instigated by Ireton, to whom Cromwell in his absence had consigned over the government of the passive general, seized Sir Charles and resolved to make them instant sacrifices to military justice. This unusual severity was loudly exclaimed against by all the prisoners. Lord Capel, fearless of danger, reproached Ireton with it; and challenged him, as they were all engaged in the same honorable cause, to exercise the same impartial vengeance on all of them. Lucas was first shot; and he himself gave orders to fire, with the same alacrity as if he had commanded a platoon of his own soldiers. Lisle instantly ran and kissed the dead body, then cheerfully presented himself to a like fate. Thinking that the soldiers destined for his execution stood at too great a distance, he called to them to come nearer: one of them replied, "I'll warrant you, sir, we'll hit you:" he answered, smiling, "Friends, I have been nearer you, when you have missed me." Thus perished this generous spirit, not less beloved for his modesty and humanity, than esteemed for his courage and military conduct.

Soon after, a gentleman appearing in the king's presence clothed in mourning for Sir Charles Lucas, that humane prince, suddenly recollecting the hard fate of his friends, paid them a tribute which none of his own unparalleled misfortunes ever extorted from him: he dissolved into a flood of tears.[*]

* Whitlocke.

By these multiplied successes of the army, they had subdued all their enemies; and none remained but the helpless king and parliament to oppose their violent measures. From Cromwell's suggestion, a remonstrance was drawn by the council of general officers, and sent to the parliament. They there complain of the treaty with the king; demand his punishment for the blood spilt during the war; require a dissolution of the present parliament, and a more equal representative for the future; and assert that, though servants, they are entitled to represent these important points to their masters, who are themselves no better than servants and trustees of the people. At the same time, they advanced with the army to Windsor, and sent Colonel Eure to seize the king's person at Newport, and convey him to Hurst Castle, in the neighborhood, where he was detained in strict confinement.

This measure being foreseen some time before, the king was exhorted to make his escape, which was conceived to be very easy: but having given his word to the parliament not to attempt the recovery of his liberty during the treaty, and three weeks after, he would not, by any persuasion, be induced to hazard the reproach of violating that promise. In vain was it urged, that a promise given to the parliament could no longer be binding; since they could no longer afford him protection from violence threatened him by other persons, to whom he was bound by no tie or engagement. The king would indulge no refinements of casuistry, however plausible, in such delicate subjects; and was resolved that, what depredations soever fortune should commit upon him, she never should bereave him of his honor.[*]

* Colonel Cooke's Memoirs, p. 174. Rush. vol. viii. p. 1347.

The parliament lost not courage, notwithstanding the danger with which they were so nearly menaced. Though without any plan for resisting military usurpations, they resolved to withstand them to the uttermost; and rather to bring on a violent and visible subversion of government, than lend their authority to those illegal and sanguinary measures which were projected. They set aside the remonstrance of the army, without deigning to answer it; they voted the seizing of the king's person to be without their consent, and sent a message to the general, to know by what authority that enterprise had been executed; and they issued orders that the army should advance no nearer to London.

Hollis, the present leader of the Presbyterians, was a man of unconquerable intrepidity; and many others of that party seconded his magnanimous spirit. It was proposed by them, that the generals and principal officers should, for their disobedience and usurpations, be proclaimed traitors by the parliament.

But the parliament was dealing with men who would not be frightened by words, nor retarded by any scrupulous delicacy. The generals, under the name of Fairfax, (for he still allowed them to employ his name,) marched the army to London, and placing guards in Whitehall, the Mews, St. James's, Durham House, Covent Garden, and Palace Yard, surrounded the parliament with their hostile armaments.

The parliament, destitute of all hopes of prevailing, retained, however, courage to resist. They attempted, in the face of the army, to close their treaty with the king; and, though they had formerly voted his concessions with regard to the church and delinquents to be unsatisfactory, they now took into consideration the final resolution with regard to the whole.

After a violent debate of three days, it was carried, by a majority of one hundred and twenty-nine against eighty-three, in the house of commons, that the king's concessions were a foundation for the houses to proceed upon in the settlement of the kingdom.

Next day, when the commons were to meet, Colonel Pride formerly a drayman, had environed the house with two regiments; and, directed by Lord Grey of Groby, he seized in the passage forty-one members of the Presbyterian party, and sent them to a low room, which passed by the appellation of "hell;" whence they were afterwards carried to several inns. Above one hundred and sixty members more were excluded, and none were allowed to enter but the most furious and the most determined of the Independents; and these exceeded not the number of fifty or sixty. This invasion of the parliament commonly passed under the name of "Colonel Pride's Purge;" so much disposed was the nation to make merry with the dethroning of those members who had violently arrogated the whole authority of government, and deprived the king of his legal prerogatives.

The subsequent proceedings of the parliament, if this diminutive assembly deserve that honorable name, retain not the least appearance of law, equity, or freedom. They instantly reversed the former vote, and declared the king's concessions unsatisfactory. They determined that no member absent at this last vote should be received till he subscribed it, as agree able to his judgment. They renewed their former vote of non-addresses. And they committed to prison Sir William Waller, Sir John Clotworthy, the generals Massey, Brown, Copley, and other leaders of the Presbyterians. These men, by their credit and authority, which was then very high, had, at the commencement of the war, supported the parliament; and thereby prepared the way for the greatness of the present leaders, who at that time were of small account in the nation.

The secluded members having published a paper, containing a narrative of the violence which had been exercised upon them, and a protestation, that all acts were void, which from that time had been transacted in the house of commons, the remaining members encountered it with a declaration, in which they pronounced it false, scandalous, seditious, and tending to the destruction of the visible and fundamental government of the kingdom.

These sudden and violent revolutions held the whole nation in terror and astonishment. Every man dreaded to be trampled under foot, in the contention between those mighty powers which disputed for the sovereignty of the state. Many began to withdraw their effects beyond sea: foreigners scrupled to give any credit to a people so torn by domestic faction, and oppressed by military usurpation: even the internal commerce of the kingdom began to stagnate: and in order to remedy these growing evils, the generals, in the name of the army, published a declaration, in which they expressed their resolution of supporting law and justice.[*]

The more to quiet the minds of men, the council of officers took into consideration a scheme called "the agreement of the people;" being the plan of a republic, to be substituted in the place of that government which they so violently pulled in pieces. Many parts of this scheme for correcting the inequalities of the representative, are plausible; had the nation been disposed to receive it, or had the army intended to impose it. Other parts are too perfect for human nature, and savor strongly of that fanatical spirit so prevalent throughout the kingdom.

The height of all iniquity and fanatical extravagance yet remained--the public trial and execution of their sovereign. To this period was every measure precipitated by the zealous Independents. The parliamentary leaders of that party had intended, that the army themselves should execute that daring enterprise; and they deemed so irregular and lawless a deed best fitted to such irregular and lawless instruments.[**] But the generals were too wise to load themselves singly with the infamy which, they knew, must attend an action so shocking to the general sentiments of mankind. The parliament, they were resolved, should share with them the reproach of a measure which was thought requisite for the advancement of their common ends of safety and ambition. In the house of commons, therefore, a committee was appointed to bring in a charge against the king. On their report a vote passed, declaring it treason in a king to levy war against his parliament, and appointing a high court of justice to try Charles for this new-invented treason. This vote was sent up to the house of peers.

* Rush. vol. viii. p. 1364.

** Whitlocke.

The house of peers, during the civil wars, had all along been of small account; but it had lately, since the king's fall, become totally contemptible; and very few members would submit to the mortification of attending it. It happened that day to be fuller than usual, and they were assembled to the number of sixteen. Without one dissenting voice, and almost without deliberation, they instantly rejected the vote of the lower house, and adjourned themselves for ten days, hoping that this delay would be able to retard the furious career of the commons.

{1649.} The commons were not to be stopped by so small an obstacle. Having first established a principle which is noble in itself, and seems specious, but is belied by all history and experience, "that the people are the origin of all just power;" they next declared, that the commons of England, assembled in parliament, being chosen by the people, and representing them, are the supreme authority of the nation, and that whatever is enacted and declared to be law by the commons, hath the force of law, without the consent of king or house of peers. The ordinance for the trial of Charles Stuart, king of England, (so they called him,) was again read, and unanimously assented to.

In proportion to the enormity of the violences and usurpations, were augmented the pretences of sanctity, among those regicides. "Should any one have voluntarily proposed," said Cromwell in the house, "to bring the king to punishment, I should have regarded him as the greatest traitor; but since Providence and necessity have cast us upon it, I will pray to God for a blessing on your counsels; though I am not prepared to give you any advice on this important occasion. Even I myself," subjoined he, "when I was lately offering up petitions for his majesty's restoration, felt my tongue cleave to the roof of my mouth, and considered this preternatural movement as the answer which Heaven, having rejected the king, had sent to my supplications."

A woman of Hertfordshire, illuminated by prophetical visions, desired admittance into the military council, and communicated to the officers a revelation, which assured them that their measures were consecrated from above, and ratified by a heavenly sanction. This intelligence gave them great comfort, and much confirmed them in their present resolutions.[*]

* Whitlocke, p. 360.

Colonel Harrison, the son of a butcher, and the most furious enthusiast in the army, was sent with a strong party to conduct the king to London. At Windsor, Hamilton, who was there detained a prisoner, was admitted into the king's presence: and falling on his knees, passionately exclaimed, "My dear master!"---"I have indeed been so to you," replied Charles, embracing him. No further intercourse was allowed between them, The king was instantly hurried away. Hamilton long followed him with his eyes all suffused in tears, and prognosticated, that in this short salutation, he had given the last adieu to his sovereign and his friend.

Charles himself was assured that the period of his life was now approaching; but notwithstanding all the preparations which were making, and the intelligence which he received, he could not even yet believe that his enemies really meant to conclude their violences by a public trial and execution. A private assassination he every moment looked for; and though Harrison assured him that his apprehensions were entirely groundless, it was by that catastrophe, so frequent with dethroned princes, that he expected to terminate his life. In appearance, as well as in reality, the king was now dethroned. All the exterior symbols of sovereignty were withdrawn, and his attendants had orders to serve him without ceremony. At first, he was shocked with instances of rudeness and familiarity, to which he had been so little accustomed. "Nothing so contemptible as a despised prince!" was the reflection which they suggested to him. But he soon reconciled his mind to this, as he had done to his other calamities.

All the circumstances of the trial were now adjusted, and the high court of justice fully constituted. It consisted of one hundred and thirty-three persons, as named by the commons; but there scarcely ever sat above seventy: so difficult was it, notwithstanding the blindness of prejudice and the allurements of interest, to engage men of any name or character in that criminal measure. Cromwell, Ireton, Harrison, and the chief officers of the army, most of them of mean birth, were members, together with some of the lower house, and some citizens of London. The twelve judges were at first appointed in the number: but as they had affirmed, that it was contrary to all the ideas of English law to try the king for treason, by whose authority all accusations for treason must necessarily be conducted, their names, as well as those of some peers, were afterwards struck out. Bradshaw, a lawyer, was chosen president. Coke was appointed solicitor for the people of England. Dorislaus, Steele, and Arke, were named assistants. The court sat in Westminster Hall.

It is remarkable, that in calling over the court, when the crier pronounced the name of Fairfax, which had been inserted in the number, a voice came from one of the spectators, and cried, "He has more wit than to be here." When the charge was read against the king, "In the name of the people of England," the same voice exclaimed, "Not a tenth part of them." Axtel, the officer who guarded the court, giving orders to fire into the box whence these insolent speeches came, it was discovered that Lady Fairfax was there, and that it was she who had had the courage to utter them. She was a person of noble extraction, daughter of Horace Lord Vere of Tilbury; but being seduced by the violence of the times, she had long seconded her husband's zeal against the royal cause, and was now, as well as he, struck with abhorrence at the fatal and unexpected consequence of all his boasted victories.

The pomp, the dignity, the ceremony of this transaction corresponded to the greatest conception that is suggested in the annals of human kind; the delegates of a great people sitting in judgment upon their supreme magistrate, and trying him for his misgovernment and breach of trust. The solicitor, in the name of the commons, represented, that Charles Stuart, being admitted king of England, and intrusted with a limited power, yet nevertheless, from a wicked design to erect an unlimited and tyrannical government, had traitorously and maliciously levied war against the present parliament, and the people, whom they represented, and was therefore impeached as a tyrant, traitor, murderer, and a public and implacable enemy to the commonwealth. After the charge was finished, the president directed his discourse to the king, and told him that the court expected his answer.

The king, though long detained a prisoner, and now produced as a criminal, sustained, by his magnanimous courage, the majesty of a monarch. With great temper and dignity, he declined the authority of the court, and refused to submit himself to their jurisdiction. He represented, that having been engaged in treaty with his two houses of parliament, and having finished almost every article, he had expected to be brought to his capital in another manner, and ere this time to have been restored to his power, dignity, revenue, as well as to his personal liberty: that he could not now perceive any appearance of the upper house, so essential a member of the constitution; and had learned, that even the commons, whose authority was pretended, were subdued by lawless force, and were bereaved of their liberty: that he himself was their "native, hereditary king;" nor was the whole authority of the state, though free and united, entitled to try him, who derived his dignity from the Supreme Majesty of heaven: that, admitting those extravagant principles which levelled all orders of men, the court could plead no power delegated by the people; unless the consent of every individual, down to the meanest and most ignorant peasant, had been previously asked and obtained: that he acknowledged, without scruple, that he had a trust committed to him, and one most sacred and inviolable; he was intrusted with the liberties of his people, and would not now betray them by recognizing a power founded on the most atrocious violence and usurpation: that having taken arms, and frequently exposed his life in defence of public liberty, of the constitution, of the fundamental laws of the kingdom, he was willing in this last and most solemn scene, to seal with his blood those precious rights for which, though in vain, he had so long contended: that those who arrogated a title to sit as his judges, were born his subjects, and born subjects to those laws which determined "that the king can do no wrong:" that he was not reduced to the necessity of sheltering himself under this general maxim which guards every English monarch, even the least deserving; but was able, by the most satisfactory reasons, to justify those measures in which he had been engaged: that to the whole world, and even to them, his pretended judges, he was desirous, if called upon in another manner, to prove the integrity of his conduct, and assert the justice of those defensive arms to which, unwillingly and unfortunately, he had had recourse; but that, in order to preserve a uniformity of conduct, he must at present forego the apology of his innocence lest, by ratifying an authority no better founded than that of robbers and pirates, he be justly branded as the betrayer instead of being applauded as the martyr, of the constitution.

The president, in order to support the majesty of the people, and maintain the superiority of his court above the prisoner still inculcated, that he must not decline the authority of his judges; that they overruled his objections; that they were delegated by the people, the only source of every lawful power; and that kings themselves acted but in trust from that community which had invested this high court of justice with its jurisdiction. Even according to those principles, which, in his present situation, he was perhaps obliged to adopt, his behavior in general will appear not a little harsh and barbarous; but when we consider him as a subject, and one too of no high character, addressing himself to his unfortunate sovereign, his style will be esteemed to the last degree audacious and insolent.

Three times was Charles produced before the court, and as often declined their jurisdiction. On the fourth, the judges having examined some witnesses, by whom it was proved that the king had appeared in arms against the forces commissioned by the parliament, they pronounced sentence against him. He seemed very anxious at this time to be admitted to a conference with the two houses; and it was supposed, that he intended to resign the crown to his son: but the court refused compliance, and considered that request as nothing but a delay of justice.