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done, as it was done at the Revolution, by expelling the reigning family, and calling to the throne princes, who, relying solely on an elective title, would find it necessary to respect the privileges and follow the advice of the assemblies to which they owed every thing, to pass every bill which the legislature strongly pressed upon them, and to fill the offices of state with men in whom it confided. But as the two Houses did not choose to change the dynasty, it was necessary that they should do directly what at the Revolution was done indirectly. Nothing is more usual than to hear it said, that if the Long Parliament had contented itself with making such a reform in the government under Charles as was afterwards made under William, it would have had the highest claim to national gratitude; and that in its violence it overshot the mark. But how was it possible to make such a settlement under Charles Charles was not, like William and the princes of the Hanoverian line, bound by community of interests and dangers to the two Houses. It was therefore necessary that they should bind him by treaty and statute.

Mr. Hallam reprobates, in language which has a little surprised us, the nineteen propositions into which the Parliament has digested its scheme. We will ask him whether he does not think that, if James the Second had remained in the island, and had been suffered, as he probably would in that case have been suffered, to keep his crown, conditions to the full as hard would have been imposed on him? On the other hand, if the Long Parliament had pronounced the departure of Charles from London an abdication, and had called Essex or Northumberland to the throne, the new prince might have safely been suffered to reign without such restrictions; his situation would have been a sufficient guarantee. In the nineteen propositions, we see very little to blame except the articles against the Catholics. These, however, were in the spirit of that age; and to some sturdy churchmen in our own, that may seem to palliate even the good which the Long Parliament effected. The regulation with respect to new creations of Peers is the only other article about which we entertain any doubt.

Little as we are disposed to join in the vulgar clamour on this subject, we think that such an event ought to be, if possible, averted; and this could only be done, if Charles was to be left on the throne, by placing his domestic arrangements under the control of Parliament. A veto on the appointment of ministers was demanded. But this veto Parliament had virtually possessed ever since the Revolution. It is no doubt very far better that this power of the legislature should be exercised, as it is now exercised, when any great occasion calls for interference, than that at every change it should have to signify its approbation or disapproba tion in form. But, unless a new family had been placed on the throne, we do not see how this power could have been exercised as it is now exercised. We again repeat, that no restraints which could be imposed on the princes who reigned after the Revolution could have added to the security which their title afforded. They were compelled to court their parliaments. But from Charles nothing was to be expected which was not set down in the bond.

It was not stipulated that the king should give up his negative on acts of Parliament, But the Commons had certainly shown a strong disposition to exact this security also, "Such a doctrine," says Mr. Hallam, “was in this country as repugnant to the whole history of our laws as it was incompatible with the subsistence of the monarchy in any thing more than a nominal pre-eminence." Now this ar ticle has been as completely carried into effect by the Revolution, as if it had been formally inserted in the Bill of Rights and the Act of Settlement. We are surprised, we confess, that Mr. Hallam should attach so inuch importance to a prerogative which has not been exercised for a hundred and thirty years, which probably will never be exercised again, and which can scarcely, in any conceivable case, be exercised for a salutary purpose.

But the great security, that without which every other would have been insufficient, was the power of the sword. This both parties thoroughly understood. The Parliament insisted on having the command of the militia, and the direction of the Irish war. "By God, not for an hour!" exclaimed the king. Keep One of the propositions is, that the judges the militia," said the queen after the defeat shall hold their offices during good behaviour. of the royal party, "keep the militia; that To this surely no exception will be taken. will bring back every thing." That, by The right of directing the education and mar- the old constitution, no military authority was riage of the princes was most properly claimed lodged in the Parliament, Mr. Hallam has by the Parliament on the same ground on clearly shown. That it is a species of power which, after the Revolution, it was enacted, which ought not to be permanently lodged in that no king, on pain of forfeiting his throne, large and divided assemblies, must, we think, should espouse a papist. Unless we condemn in fairness be conceded. Opposition, publicity, the statesmen of the Revolution, who conceived long discussion, frequent compromise, these that England could not safely be governed by are the characteristics of the proceedings in a sovereign married to a Catholic queen, we such bodies. Unity, secrecy, decision, are the can scarcely condemn the Long Parliament, qualities which military arrangements require. because, having a sovereign so situated, they This undoubtedly was an evil. But, on the thought it necessary to place him under strict other hand, at such a crisis to trust such a king restraints. The influence of Henrietta Maria with the very weapon which, in hands less had already been deeply felt in political affairs. dangerous, had destroyed so many free consti In the regulation of her family, in the educa- tutions, would have been the extreme of rash tion and marriage of her children, it was stillness. The jealousy with which the oligarchy more likely to be felt There might be another of Venice and the States of Holland regarded Catholic queen; possibly, a Catholic king. their generals and armies induced them per

petually to interfere in matters of which they were incompetent to judge. This policy secured them against military usurpation, but placed them under great disadvantages in war. The uncontrolled power which the king of France exercised over his troops enabled him to conquer his enemies, but enabled him also to oppress his people. Was there any intermediate course! None, we confess, altogether free from objection. But, on the whole, we conceive that the best measure would have been that which the Parliament over and over proposed; that for a limited time the power of the sword should be left to the two Houses, and that it should revert to the crown when the constitution should be firmly established; when the new securities of freedom should be so far strengthened by prescription, that it would be difficult to employ even a standing army for the purpose of subverting them.

Mr. Hallam thinks that the dispute might easily have been compromised, by enacting that the king should have no power to keep a standing army on foot without the consent of Parliament. He reasons as if the question had been merely theoretical-as if at that time no army had been wanted. "The kingdom," he says, “might have well dispensed, in that age, with any military organization." Now, we think that Mr. Hallam overlooks the most important circumstance in the whole case. Ireland was at that moment in rebellion; and a great expedition would obviously be necessary to reduce that kingdom to obedience. The Houses had, therefore, to consider, not an abstract question of law, but an urgent practical question, directly involving the safety of the state. They had to consider the expediency of immediately giving a great army to a king, who was at least as desirous to put down the Parliament of England as to conquer the insurgents of Ireland.

collects round it a vast retinue, composed of people who thrive by its custom, or are amused by its display, who may be sometimes reckoned, in an ostentatious enumeration, as forming a part of it, but who give no aid to its operations, and take but a languid interest in its success: who relax its discipline and dishonour its flag, by their irregularities; and who, after a disaster, are perfectly ready to cut the throats and rifle the baggage of their com panions.

Thus it is in every great division: and thus it was in our civil war. On both sides there was, undoubtedly, enough of crime and enough of error, to disgust any man who did not reflect that the whole history of the species is nothing but a comparison of crimes and errors. Misanthropy is not the temper which qualifies a man to act in great affairs, or to judge of

them.

"Of the Parliament," says Mr. Hallam, "it may be said, I think, with not greater severity than truth, that scarce two or three public acts of justice, humanity, or generosity, and very few of political wisdom or courage, are recorded of them, from their quarrel with the king to their expulsion by Cromwell." Those who may agree with us in the opinion which we have expressed as to the original demands of the Parliament, will scarcely concur in this strong censure. The propositions which the Houses made at Oxford, at Uxbridge, and at Newcastle, were in strict accordance with these demands. In the darkest period of the war, they showed no disposition to concede any vital principle. In the fulness of their success, they showed no disposition to encroach beyond these limits. In this respect we cannot but think that they showed justice and generosity, as well as political wisdom and courage.

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The Parliament was certainly far from faultOf course, we do not mean to defend all their less. We fully agree with Mr. Hallam in remeasures. Far from it. There never was a probating their treatment of Laud. For the perfect man; it would, therefore, be the height individual, indeed, we entertain a more unmiof absurdity to expect a perfect party or a per- tigated contempt than for any other character fect assembly. For large bodies are far more in our history. The fondness with which a likely to err than individuals. The passions portion of the church regards his memory, can are inflamed by sympathy; the fear of punish-be compared only to that perversity of affection ment and the sense of shame are diminished which sometimes leads à mother to select the by partition. Every day we see men do for monster or the idiot of the family as the object their faction what they would die rather than of her especial favour. Mr. Hallam has incidu for themselves. dentally observed, that in the correspondence No private quarrel ever happens, in which of Laud with Strafford, there are no indicathe right and wrong are so exquisitely divid- tions of a sense of duty towards God or man. ed, that all the right lies on one side, and all The admirers of the archbishop have, in conthe wrong on the other. But here was a schism sequence, inflicted upon the public a crowd of which separated a great nation into two parties. extracts, designed to prove the contrary. Now, Of these parties, each was composed of many in all those passages, we see nothing which a smaller parties. Each contained many mem- prelate as wicked as Pope Alexander or Carbers, who differed far less from their moderate dinal Dubois might not have written. They opponents than from their violent allies. Each indicate no sense of duty to God or man; but reckoned among its supporters many who simply a strong interest in the prosperity and were determined in their choice, by some acci- dignity of the order to which the writer be dent of birth, of connection, or of local situa- longed; an interest which, when kept within tion. Each of them attracted to itself in multi- certain limits, does not deserve censure, but tudes those fierce and turbid spirits, to whom which can never be considered as a virtue. the clouds and whirlwinds of the political hur- Laud is anxious to accommodate satisfactorily ricane are the atmosphere of life. A party, the disputes in the University of Dublin. He like a camp, has its sutlers and camp-follow-regrets to hear that a church is used as a stable, ers, as well as its soldiers. In its progress it and that the benefices of Ireland are very poor

He is desirous that, however small a congre- themselves in the lower ranks of the party. gation may be, service should be regularly The war was, therefore, conducted in a languid performed. He expresses a wish that the and inefficient manner. A resolute leader judges of the court before which questions of might have brought it to a close in a month. tithe are generally brought, should be selected At the end of three campaigns, however, the with a view to the interest of the clergy. All event was still dubious; and that it had not this may be very proper; and it may be very been decidedly unfavourable to the cause of proper that an alderman should stand up for liberty, was principally owing to the skill the tolls of his borough, and an East Indian and energy which the more violent Rounddirector for the charter of his company. But heads had displayed in subordinate situations. it is ridiculous to say that these things indicate The conduct of Fairfax and Cromwell at piety and benevolence. No primate, though Marston had exhibited a remarkable contrast he were the most abandoned of mankind, to that of Essex at Edgehill, and Waller at would wish to see the body, with the conse- Lansdown. quence of which his own consequence was identical, degraded in the public estimation by internal dissensions, by the ruinous state of its edifices, and the slovenly performance of its rites. We willingly acknowledge that the particular letters in question have very little harm in them; a compliment which cannot often be paid either to the writings or to the actions of Laud.

Bad as the archbishop was, however, he was not a traitor within the statute. Nor was he by any means so formidable as to be a proper subject for a retrospective ordinance of the legislature. His mind had not expansion enough to comprehend a great scheme, good or bad. His oppressive acts were not, like those of the Earl of Strafford, parts of an extensive system. They were the luxuries in which a mean and irritable disposition indulges itself from day to day-the excesses natural to a little mind in a great place. The severest punishment which the two Houses could have inflicted on him would have been to set him at liberty, and send him to Oxford. There he might have stayed, tortured by his own diabolical temper, hungering for Puritans to pillory and mangle, plaguing the Cavaliers, for want of somebody else to plague, with his peevishness and absurdity, performing grimaces and antics in the cathedral, continuing that incomparable diary, which we never see without forgetting the vices of his heart in the abject imbecility of his intellect; minuting down his dreams, counting the drops of blood which fell from his nose, watching the direction of the salt, and listening for the note of the screechowl! Contemptuous mercy was the only vengeance which it became the Parliament to take on such a ridiculous old bigot.

The Houses, it must be acknowledged, committed great errors in the conduct of the war; or rather one great error, which brought their affairs into a condition requiring the most perilous expedients. The Parliamentary leaders of what may be called the first generation, Essex, Manchester, Northumberland, Hollis, even Pym-all the most eminent men, in short, Hampden excepted, were inclined to half-measures. They dreaded a decisive victory almost as much as a decisive overthrow. They wished to bring the king into a situation which might render it necessary for him to grant their just and wise demands; but not to subvert the constitution or to change the dynasty. They were afraid of serving the purposes of those fiercer and more determined enemies of monarchy, who now began to show

If there be any truth established by the universal experience of nations, it is this; that to carry the spirit of peace into war is a weak and cruel policy. The time of negotiation is the time for deliberation and delay. But when an extreme case calls for that remedy, which is in its own nature most violent, and which, in such cases, is a remedy only because it is violent, it is idle to think of mitigating and diluting. Languid war can do nothing which negotiation or submission will not do better: and to act on any other principle is not to save blood and money, but to squander them.

This the Parliamentary leaders found. The third year of hostilities was drawing to a close: and they had not conquered the king. They had not obtained even those advantages which they had expected, from a policy obviously erroneous in a military point of view. They had wished to husband their resources. They now found that, in enterprises like theirs, par. simony is the worst profusion. They had hoped to effect a reconciliation. The even taught them that the best way to conciliate is to bring the work of destruction to a speedy termination. By their moderation many liver and much property had been wasted. The angry passions which, if the contest had bee short, would have died away almost as soor. ad they appeared, had fixed themselves in the form of deep and lasting hatred. A miliary caste had grown up. Those who had been induced to take up arms by the patrione feel ings of citizens, had begun to entertain the professional feelings of soldiers. Auove all, the leaders of the party had forfeited its confidence. If they had, by their valour and abili ties, gained a complete victory, tacir influence might have been sufficient to prevent their associates from abusing it. It is now neces sary to choose more resolute and uncompromising commanders. Unhappily the illustrious man who alone united in himself all the talents and virtues which the crisis required, who alone could have saved his country from the present dangers without plunging her into others, who alone could have united all the friends of liberty in obedience to his commanding genius and his venerable name, was no more. Something might still be done. The Houses might still avert that worst of all evils, the triumphant return of an imperious and unprincipled master. They might still preserve London from all the horrors of rapine, massacre, and lust. But their hopes of a victory as spotless as their cause, of a reconciliation which might knit together the hearts of all

honest Englishmen for the defence of the pub- reach them. Here his own case differed widely lic good, of durable tranquillity, of temperate from theirs. Not only was his condemnation freedom, were buried in the grave of Hamp-in itself a measure which only the strongest den.

necessity could vindicate, but it could not be The self-denying ordinance was passed, and procured without taking several previous the army was remodelled. These measures steps, every one of which would have rewere undoubtedly full of danger. But all that quired the strongest necessity to vindicate it. was left to the Parliament was to take the less It could not be procured without dissolving of two dangers. And we think that, even if the government by military force, without esthey could have accurately foreseen all that tablishing precedents of the most dangerous followed, their decision ought to have been the description, without creating difficulties which same. Under any circumstances, we should the next ten years were spent in removing, have preferred Cromwell to Charles. But without pulling down institutions which it there could be no comparison between Crom- soon became necessary to reconstruct, and well and Charles victorious-Charles restored, setting up others which almost every man was Charies enabled to feed fat all the hungry soon impatient to destroy. It was necessary grudges of his smiling rancour, and his cringing to strike the House of Lords out of the constipride. The next visit of his majesty to his tution, to exclude members of the House of faithful Commons would have been more se- Commons by force, to make a new crime, a rious than that with which he last honoured new tribunal, a new mode of procedure. The them; more serious than that which their own whole legislative and judicial systems were general paid them some years after. The trampled down for the purpose of taking a sinking would scarce have been content with col-gle head. Not only those parts of the consti laring Marten, and praying that the Lord would tution which the republicans were desirous to deliver him from Vane. If, by fatal misman-destroy, but those which they wished to retain agement, nothing was left to England but a choice of tyrants, the last tyrant whom she should have chosen was Charles.

and exalt, were deeply injured by these transactions. High courts of justice began to usurp the functions of juries. The remaining delegates of the people were soon driven from their seats, by the same military violence which had enabled them to exclude their col

From the apprehension of this worst evil the Houses were soon delivered by their new lead ers. The armies of Charles were everywhere routed; his fastnesses stormed; his party hum-leagues. bled and subjugated. The king himself fell If Charles had been the last of his line, there into the hands of the Parliament; and both the would have been an intelligible reason for putking and the Parliament soon fell into the ting him to death. But the blow which termi hands of the army. The fate of both the cap-nated his life, at once transferred the allegiance tives was the same. Both were treated alternately with respect and with insult. At length the natural life of the one, and the political life of the other, were terminated by violence; and the power for which both had struggled was united in a single hand. Men naturally sympathize with the calamities of individuals; but they are inclined to look on a fallen party with contempt rather than with pity. Thus misfortune turned the greatest of Parliaments into the despised Rump, and the worst of kings into the Blessed Martyr.

of every royalist to an heir, and an heir who was at liberty. To kill the individual, was truly, under such circumstances, not to destroy, but to release the king.

We detest the character of Charles; but a man ought not to be removed by a law ex post facto, even constitutionally procured, merely because he is detestable. He must also be very dangerous. We can scarcely conceive that any danger which a state can apprehend from any individual, could justify the violent measures which were necessary to procure a Mr. Hallam decidedly condemns the execu- sentence against Charles. But in fact the tion of Charles; and in all that he says on danger amounted to nothing. There was inthat subject, we heartily agrec. We fully con- deed danger from the attachment of a large car with him in thinking that a great social party to his office. But this danger, his execuschism, such as the civil war, is not to be con- tion only increased. His personal influence founded with an ordinary treason; and that was little indeed. He had lost the confidence the vanquished ought to be treated according of every party. Churchmen, Catholics, Presbyto the rules, not of municipal, but of interna- terians, Independents, his enemies, his friends, tional law. In this case the distinction is of his tools, English, Scotch, Irish, all divisions the less importance, because both international and subdivisions of his people had been deand municipal law were in favour of Charles.ceived by him. His most attached councillors He was a prisoner of war by the former, a turned away with shame and anguish from his king by the latter. By neither was he a trai- false and hollow policy; plot intertwined with tor. If he had been successful, and had put plot, mine sprung beneath mine, agents dis his leading opponents to death, he would have owned, promises evaded, one pledge given in deserved severe censure; and this without re- private, another in public.-"Oh, Mr. Secreta erence to the justice or injustice of his cause. ry," says Clarendon, in a letter to Nicholas, Yet the opponents of Charles, it must be ad-those stratagems have given me more sad mitted were technically guilty of treason. He hours than all the misfortunes in war which might have sent them to the scaffold without have befallen the king; and look like the violating any established principle of jurispru- effects of God's anger towards us." dence. He would not have been compelled to verturn the whole constitution in order to

The abilities of Charles were not form'da ble. His taste in the fine arts was indeed es H

quisite. He was as good a writer and speaker ways taken off his hat when he went into a as any modern sovereign has been. But he church! The character of Charles would was not fit for active life. In negotiation he scarcely rise in our estimation, if we believed was always trying to dupe others, and duping that he was pricked in conscience after the only himself. As a soldier, he was feeble, manner of this worthy loyalist; and that, while dilatory, and miserably wanting, not in perso- violating all the first rules of Christian moralinal courage, but in the presence of mind which ty, he was sincerely scrupulous about churchhis station required. His delay at Gloucester government. But we acquit him of such weak. saved the parliamentary party from destruc- ness. In 1641, he deliberately confirmed the tion. At Naseby, in the very crisis of his for- Scotch declaration, which stated that the gotune, his want of self-possession spread a fatal vernment of the church by archbishops and panic through his army. The story which bishops was contrary to the word of God. In Clarendon tells of that affair, reminds us of 1645, he appears to have offered to set up the excuses by which Bessus and Bobadil ex- Popery in Ireland. That a king who had esplain their cudgellings. A Scotch nobleman, tablished the Presbyterian religion in one it seems, begged the king not to run upon his kingdom, and who was willing to establish the death, took hold of his bridle, and turned his Catholic religion in another, should have inhorse round. No man who had much value surmountable scruples about the ecclesiasti for his life would have tried to perform the cal constitution of the third, is altogether incresame friendly office on that day for Oliver dible. He himself says in his letters that he Cromwell. looks on Episcopacy as a stronger support of monarchical power than even the army. From causes which we have already consi

the Reformation, the great bulwark of the prerogative. Charles wished, therefore, to preserve it. He thought himself necessary both to the Parliament and to the army. He did not foresee, till too late, that by paltering with the Presbyterians he should put both them and himself into the power of a fiercer and more daring party If he had foreseen it, we suspect that the royal blood, which still cries to Heaven every thirtieth of January for judgments only to be averted by salt fish and egg-sauce, would never have been shed. One who had swal lowed the Scotch Declaration would scarcely strain at the Covenant.

One thing, and one alone, could make Charles dangerous-a violent death. His tyranny could not break the high spirit of the English people.dered, the Established Church had been, since His arms could not conquer, his arts could not deceive them; but his humiliation and his execution melted them into a generous compassion. Men who die on a scaffold for political offences almost always die well. The eyes of thousands are fixed upon them. Enemies and admirers are watching their demeanour. Every tone of voice, every change of colour, is to go down to posterity. Escape is impossible. Supplication is vain. In such a situation pride and despair have often been known to nerve the weakest minds with fortitude adequate to the occasion. Charles died patiently and bravely; not more patiently or bravely, indeed, than many other victims of political The death of Charles, and the strong mea rage; not more patiently or bravely than his sures which led to it, raised Cromwell to a own judges, who were not only killed, but tor-height of power fatal to the infant commontured; or than Vane, who had always been considered as a timid man. However, his conduct during his trial and at his execution made a prodigious impression. His subjects began to love his memory as heartily as they had hated his person; and posterity has estimated his character from his death rather than from his life.

To represent Charles as a martyr in the cause of Episcopacy is absurd. Those who put him to death cared as little for the Assembly of Divines as for the Convocation; and would in all probability only have hated him the more if he had agreed to set up the Presbyterian discipline; and, in spite of the opinion of Mr. Hallam, we are inclined to think that the attachment of Charles to the Church of England was altogether political. Human nature is indeed so capricious that there may be a single sensitive point in a conscience which everywhere else is callous. A man without truth or humanity may have some strange scruples about a trifle. There was one devout warrior in the royal camp whose piety bore a great resemblance to that which is ascribed to the king. We mean Colonel Turner. That gallant cavalier was hanged after the Restoration for a flagitious burglary. At the gallows he told the crowd that his mind received great consolation from one reflection-he had al

wealth. No men occupy so splendid a place in history as those who have founded monarchies on the ruins of republican institutions. Their glory, if not of the purest, is assuredly of the most seductive and dazzling kind. In nations broken to the curb, in nations long accustomed to be transferred from one tyrant to another, a man without eminent qualities may easily gain supreme power. The defection of a troop of guards, a conspiracy of eunuchs, a popular tumult, might place an indolent senator or a brutal soldier on the throne of the Roman world. Similar revolutions have often occurred in the despotic states of Asia. But a community which has heard the voice of truth and experienced the pleasures of liber ty, in which the merits of statesmen and of systems are freely canvassed, in which obe dience is paid not to persons but to laws, in which magistrates are regarded not as the lords but as the servants of the public, in which the excitement of party is a necessary of life, in which political warfare is reduced to a system of tactics;-such a community is not easily reduced to servitude. Beasts of burden may easily be managed by a new master; but will the wild ass submit to the bonds? will the unicorn serve and abide by the crib? will leviathan hold out his nostrils to the hook? The mythological conqueror of the East, whose

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