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Thus the system on which the English Princes acted with respect to ecclesiastical affairs for some time after the Reformation was a system too obviously unreasonable to be lasting. The public mind moved while the government moved, but would not stop where the government stopped. The same impulse which had carried millions away from the Church of Rome continued to carry them forward in the same direction. As Catholics had become Protestants, Protestants became Puritans; and the Tudors and Stuarts were as unable to avert the latter change as the Popes had been to avert the former. The dissenting party increased and became strong under every kind of discouragement and oppression.
They were a sect. The government persecuted them; and they became an opposition. The old const.i.tution of England furnished to them the means of resisting the sovereign without breaking the law.
They were the majority of the House of Commons. They had the power of giving or withholding supplies; and, by a judicious exercise of this power, they might hope to take from the Church its usurped authority over the consciences of men, and from the Crown some part of the vast prerogative which it had recently acquired at the expense of the n.o.bles and of the Pope.
The faint beginnings of this memorable contest may be discerned early in the reign of Elizabeth. The conduct of her last Parliament made it clear that one of those great revolutions which policy may guide but cannot stop was in progress. It was on the question of monopolies that the House of Commons gained its first great victory over the throne. The conduct of the extraordinary woman who then governed England is an admirable study for politicians who live in unquiet times. It shows how thoroughly she understood the people whom she ruled, and the crisis in which she was called to act. What she held she held firmly. What she gave she gave graciously. She saw that it was necessary to make a concession to the nation; and she made it not grudgingly, not tardily, not as a matter of bargain and sale, not, in a word, as Charles the First would have made it, but promptly and cordially. Before a bill could be framed or an address presented, she applied a remedy to the evil of which the nation complained. She expressed in the warmest terms her grat.i.tude to her faithful Commons for detecting abuses which interested persons had concealed from her. If her successors had inherited her wisdom with her crown, Charles the First might have died of old age, and James the Second would never have seen St.
Germains.
She died; and the kingdom pa.s.sed to one who was, in his own opinion, the greatest master of king-craft that ever lived, but who was, in truth, one of those kings whom G.o.d seems to send for the express purpose of hastening revolutions. Of all the enemies of liberty whom Britain has produced, he was at once the most harmless and the most provoking. His office resembled that of the man who, in a Spanish bull-fight, goads the torpid savage to fury, by shaking a red rag in the air, and by now and then throwing a dart, sharp enough to sting, but too small to injure.
The policy of wise tyrants has always been to cover their violent acts with popular forms. James was always obtruding his despotic theories on his subjects without the slightest necessity. His foolish talk exasperated them infinitely more than forced loans or benevolences would have done. Yet, in practice, no king ever held his prerogatives less tenaciously. He neither gave way gracefully to the advancing spirit of liberty nor took vigorous measures to stop it, but retreated before it with ludicrous haste, bl.u.s.tering and insulting as he retreated. The English people had been governed during near a hundred and fifty years by Princes who, whatever might be their frailties or their vices, had all possessed great force of character, and who, whether beloved or hated, had always been feared. Now, at length, for the first time since the day when the sceptre of Henry the Fourth dropped from the hand of his lethargic grandson, England had a king whom she despised.
The follies and vices of the man increased the contempt which was produced by the feeble policy of the sovereign. The indecorous gallantries of the Court, the habits of gross intoxication in which even the ladies indulged, were alone sufficient to disgust a people whose manners were beginning to be strongly tinctured with austerity. But these were trifles. Crimes of the most frightful kind had been discovered; others were suspected. The strange story of the Gowries was not forgotten.
The ignominious fondness of the King for his minions, the perjuries, the sorceries, the poisonings, which his chief favourites had planned within the walls of his palace, the pardon which, in direct violation of his duty and of his word, he had granted to the mysterious threats of a murderer, made him an object of loathing to many of his subjects. What opinion grave and moral persons residing at a distance from the Court entertained respecting him, we learn from Mrs. Hutchinson's Memoirs. England was no place, the seventeenth century no time, for Sporus and Locusta.
This was not all. The most ridiculous weaknesses seemed to meet in the wretched Solomon of Whitehall, pedantry, buffoonery, garrulity, low curiosity, the most contemptible personal cowardice. Nature and education had done their best to produce a finished specimen of all that a king ought not to be. His awkward figure, his rolling eye, his rickety walk, his nervous tremblings, his s...o...b..ring mouth, his broad Scotch accent, were imperfections which might have been found in the best and greatest man. Their effect, however, was to make James and his office objects of contempt, and to dissolve those a.s.sociations which had been created by the n.o.ble bearing of preceding monarchs, and which were in themselves no inconsiderable fence to royalty.
The sovereign whom James most resembled was, we think, Claudius Caesar. Both had the same feeble vacillating temper, the same childishness, the same coa.r.s.eness, the same poltroonery. Both were men of learning; bath wrote and spoke, not, indeed, well, but still in a manner in which it seems almost incredible that men so foolish should have written or spoken.
The follies and indecencies of James are well described in the words which Suetonius uses respecting Claudius: "Multa talia, etiam privatis deformia, nedum principi, neque infacundo, neque indocto, immo etiam pertinaciter liberalibus studiis dedito." The description given by Suetonius of the manner in which the Roman prince transacted business exactly suits the Briton. "In cognoscendo ac decernendo mira varietate animi fuit, modo circ.u.mspectus et sagax, modo inconsultus ac praeceps, nonnunquam frivolus amentique similis." Claudius was ruled successively by two bad women: James successively by two bad men. Even the description of the person of Claudius, which we find in the ancient memoirs, might, in many points, serve for that of James.
"Ceterum et ingredientem dest.i.tuebant poplites minus firmi, et remisse quid vel serio, agentem multa dehonestabant, risus indecens, ira turpior, spumante rictu, praeterea linguae t.i.tubantia."
The Parliament which James had called soon after his accession had been refractory. His second Parliament, called in the spring of 1614, had been more refractory still. It had been dissolved after a session of two months; and during six years the King had governed without having recourse to the legislature. During those six years, melancholy and disgraceful events, at home and abroad, had followed one another in rapid succession; the divorce of Lady Ess.e.x, the murder of Overbury, the elevation of Villiers, the pardon of Somerset, the disgrace of c.o.ke, the execution of Raleigh, the battle of Prague, the invasion of the Palatinate by Spinola, the ignominious flight of the son-in-law of the English king, the depression of the Protestant interest all over the Continent. All the extraordinary modes by which James could venture to raise money had been tried. His necessities were greater than ever; and he was compelled to summon the Parliament in which Hampden first appeared as a public man.
This Parliament lasted about twelve months. During that time it visited with deserved punishment several of those who, during the preceding six years, had enriched themselves by peculation and monopoly. Mitch.e.l.l, one of the grasping patentees who had purchased of the favourite the power of robbing the nation, was fined and imprisoned for life. Mompesson, the original, it is said, of Ma.s.singer's Overreach, was outlawed and deprived of his ill-gotten wealth. Even Sir Edward Villiers, the brother of Buckingham, found it convenient to leave England. A greater name is to be added to the ignominious list. By this Parliament was brought to justice that ill.u.s.trious philosopher whose memory genius has half redeemed from the infamy due to servility, to ingrat.i.tude, and to corruption.
After redressing internal grievances, the Commons proceeded to take into consideration the state of Europe. The King flew into a rage with them for meddling with such matters, and, with characteristic judgment, drew them into a controversy about the origin of their House and of its privileges. When he found that he could not convince them, he dissolved them in a pa.s.sion, and sent some of the leaders of the Opposition to ruminate on his logic in prison.
During the time which elapsed between this dissolution and the meeting of the next Parliament, took place the celebrated negotiation respecting the Infanta. The would-be despot was unmercifully browbeaten. The would-be Solomon was ridiculously over-reached. Steenie, in spite of the begging and sobbing of his dear dad and gossip, carried off baby Charles in triumph to Madrid. The sweet lads, as James called them, came back safe, but without their errand. The great master of king-craft, in looking for a Spanish match, had found a Spanish war. In February 1624, a Parliament met, during the whole sitting of which, James was a mere puppet in the hands of his baby, and of his poor slave and dog. The Commons were disposed to support the King in the vigorous policy which his favourite urged him to adopt. But they were not disposed to place any confidence in their feeble sovereign and his dissolute courtiers, or to relax in their efforts to remove public grievances. They therefore lodged the money which they voted for the war in the hands of Parliamentary Commissioners. They impeached the treasurer, Lord Middles.e.x, for corruption, and they pa.s.sed a bill by which patents of monopoly were declared illegal.
Hampden did not, during the reign of James, take any prominent part in public affairs. It is certain, however, that he paid great attention to the details of Parliamentary business, and to the local interests of his own country. It was in a great measure owing to his exertions that Wendover and some other boroughs on which the popular party could depend recovered the elective franchise, in spite of the opposition of the Court.
The health of the King had for some time been declining. On the twenty-seventh of March 1625, he expired. Under his weak rule, the spirit of liberty had grown strong, and had become equal to a great contest. The contest was brought on by the policy of his successor. Charles bore no resemblance to his father. He was not a driveller, or a pedant, or a buffoon, or a coward. It would be absurd to deny that he was a scholar and a gentleman, a man of exquisite tastes in the fine arts, a man of strict morals in private life. His talents for business were respectable; his demeanour was kingly. But he was false, imperious, obstinate, narrow-minded, ignorant of the temper of his people, un.o.bservant of the signs of his times. The whole principle of his government was resistance to public opinion; nor did he make any real concession to that opinion till it mattered not whether he resisted or conceded, till the nation, which had long ceased to love him or to trust him, had at last ceased to fear him.
His first Parliament met in June 1625. Hampden sat in it as burgess for Wendover. The King wished for money. The Commons wished for the redress of grievances. The war, however, could not be carried on without funds. The plan of the Opposition was, it should seem, to dole out supplies by small sums, in order to prevent a speedy dissolution. They gave the King two subsidies only, and proceeded to complain that his ships had been employed against the Huguenots in France, and to pet.i.tion in behalf of the Puritans who were persecuted in England. The King dissolved them, and raised money by Letters under his Privy Seal. The supply fell far short of what he needed; and, in the spring of 1626, he called together another Parliament. In this Parliament Hampden again sat for Wendover.
The Commons resolved to grant a very liberal supply, but to defer the final pa.s.sing of the act for that purpose till the grievances of the nation should be redressed. The struggle which followed far exceeded in violence any that had yet taken place. The Commons impeached Buckingham. The King threw the managers of the impeachment into prison. The Commons denied the right of the King to levy tonnage and poundage without their consent. The King dissolved them. They put forth a remonstrance. The King circulated a declaration vindicating his measures, and committed some of the most distinguished members of the Opposition to close custody. Money was raised by a forced loan, which was apportioned among the people according to the rate at which they had been respectively a.s.sessed to the last subsidy. On this occasion it was, that Hampden made his first stand for the fundamental principle of the English const.i.tution. He positively refused to lend a farthing. He was required to give his reasons. He answered, "that he could be content to lend as well as others, but feared to draw upon himself that curse in Magna Charta which should be read twice a year against those who infringe it." For this spirited answer, the Privy Council committed him close prisoner to the Gate House. After some time, he was again brought up; but he persisted in his refusal, and was sent to a place of confinement in Hampshire.
The government went on, oppressing at home, and blundering in all its measures abroad. A war was foolishly undertaken against France, and more foolishly conducted. Buckingham led an expedition against Rhe, and failed ignominiously. In the mean time soldiers were billeted on the people. Crimes of which ordinary justice should have taken cognisance were punished by martial law. Near eighty gentlemen were imprisoned for refusing to contribute to the forced loan. The lower people who showed any signs of insubordination were pressed into the fleet, or compelled to serve in the army. Money, however, came in slowly; and the King was compelled to summon another Parliament. In the hope of conciliating his subjects, he set at liberty the persons who had been imprisoned for refusing to comply with his unlawful demands. Hampden regained his freedom, and was immediately re-elected burgess for Wendover.
Early in 1628 the Parliament met. During its first session, the Commons prevailed on the King, after many delays and much equivocation, to give, in return for five subsidies, his full and solemn a.s.sent to that celebrated instrument, the second great charter of the liberties of England, known by the name of the Pet.i.tion of Right. By agreeing to this act, the King bound himself to raise no taxes without the consent of Parliament, to imprison no man except by legal process, to billet no more soldiers on the people, and to leave the cognisance of offences to the ordinary tribunals.
In the summer, this memorable Parliament was prorogued. It met again in January 1629. Buckingham was no more. That weak, violent, and dissolute adventurer, who, with no talents or acquirements but those of a mere courtier, had, in a great crisis of foreign and domestic politics, ventured on the part of prime minister, had fallen, during the recess of Parliament, by the hand of an a.s.sa.s.sin. Both before and after his death the war had been feebly and unsuccessfully conducted. The King had continued, in direct violation of the Pet.i.tion of Right, to raise tonnage and poundage without the consent of Parliament. The troops had again been billeted on the people; and it was clear to the Commons that the five subsidies which they had given as the price of the national liberties had been given in vain.
They met accordingly in no complying humour. They took into their most serious consideration the measures of the government concerning tonnage and poundage. They summoned the officers of the custom-house to their bar. They interrogated the barons of the exchequer. They committed one of the sheriffs of London. Sir John Eliot, a distinguished member of the Opposition, and an intimate friend of Hampden, proposed a resolution condemning the unconst.i.tutional imposition. The Speaker said that the King had commanded him to put no such question to the vote. This decision produced the most violent burst of feeling ever seen within the walls of Parliament. Hayman remonstrated vehemently against the disgraceful language which had been heard from the chair. Eliot dashed the paper which contained his resolution on the floor of the House. Valentine and Hollis held the Speaker down in his seat by main force, and read the motion amidst the loudest shouts. The door was locked. The key was laid on the table. Black Rod knocked for admittance in vain. After pa.s.sing several strong resolutions, the House adjourned. On the day appointed for its meeting it was dissolved by the King, and several of its most eminent members, among whom were Hollis and Sir John Eliot, were committed to prison.
Though Hampden had as yet taken little part in the debates of the House, he had been a member of many very important committees, and had read and written much concerning the law of Parliament. A ma.n.u.script volume of Parliamentary cases, which is still in existence, contains many extracts from his notes.
He now retired to the duties and pleasures of a rural life.
During the eleven years which followed the dissolution of the Parliament of 1628, he resided at his seat in one of the most beautiful parts of the county of Buckingham. The house, which has since his time been greatly altered, and which is now, we believe, almost entirely neglected, was an old English mansion, built in the days of the Plantagenets and the Tudors. It stood on the brow of a hill which overlooks a narrow valley. The extensive woods which surround it were pierced by long avenues. One of those avenues the grandfather of the great statesman had cut for the approach of Elizabeth; and the opening which is still visible for many miles, retains the name of the Queen's Gap. In this delightful retreat, Hampden pa.s.sed several years, performing with great activity all the duties of a landed gentleman and a magistrate, and amusing himself with books and with field sports.
He was not in his retirement unmindful of his persecuted friends.
In particular, he kept up a close correspondence with Sir John Eliot, who was confined in the Tower. Lord Nugent has published several of the Letters. We may perhaps be fanciful; but it seems to us that every one of them is an admirable ill.u.s.tration of some part of the character of Hampden which Clarendon has drawn.
Part of the correspondence relates to the two sons of Sir John Eliot. These young men were wild and unsteady; and their father, who was now separated from them, was naturally anxious about their conduct. He at length resolved to send one of them to France, and the other to serve a campaign in the Low Countries.
The letter which we subjoin shows that Hampden, though rigorous towards himself, was not uncharitable towards others, and that his puritanism was perfectly compatible with the sentiments and the tastes of an accomplished gentleman. It also ill.u.s.trates admirably what has been said of him by Clarendon: "He was of that rare affability and temper in debate, and of that seeming humility and submission of judgment, as if he brought no opinion of his own with him, but a desire of information and instruction.
Yet he had so subtle a way of interrogating, and, under cover of doubts, insinuating his objections, that he infused his own opinions into those from whom he pretended to learn and receive them."
The letter runs thus: "I am so perfectly acquainted with your clear insight into the dispositions of men, and ability to fit them with courses suitable, that, had you bestowed sons of mine as you have done your own, my judgment durst hardly have called it into question, especially when, in laying the design, you have prevented the objections to be made against it. For if Mr.
Richard Eliot will, in the intermissions of action, add study to practice, and adorn that lively spirit with flowers of contemplation, he will raise our expectations of another Sir Edward Vere, that had this character--all summer in the field, all winter in his study--in whose fall fame makes this kingdom a greater loser; and, having taken this resolution from counsel with the highest wisdom, as I doubt not you have, I hope and pray that the same power will crown it with a blessing answerable to our wish. The way you take with my other friend shows you to be none of the Bishop of Exeter's converts; [Hall, Bishop of Exeter, had written strongly, both in verse and in prose, against the fashion of sending young men of quality to travel.] of whose mind neither am I superst.i.tiously. But had my opinion been asked, I should, as vulgar conceits use me to do, have showed my power rather to raise objections than to answer them. A temper between France and Oxford might have taken away his scruples, with more advantage to his years. . . . For although he be one of those that, if his age were looked for in no other book but that of the mind, would be found no ward if you should die tomorrow, yet it is a great hazard, methinks, to see so sweet a disposition guarded with no more, amongst a people whereof many make it their religion to be superst.i.tious in impiety, and their behaviour to be affected in all manners. But G.o.d, who only knoweth the periods of life and opportunities to come, hath designed him, I hope, for his own service betime, and stirred up your providence to husband him so early for great affairs. Then shall he be sure to find Him in France that Abraham did in Shechem and Joseph in Egypt, under whose wing alone is perfect safety."
Sir John Eliot employed himself, during his imprisonment, in writing a treatise on government, which he transmitted to his friend. Hampden's criticisms are strikingly characteristic. They are written with all that "flowing courtesy" which is ascribed to him by Clarendon. The objections are insinuated with so much delicacy that they could scarcely gall the most irritable author.
We see too how highly Hampden valued in the writings of others that conciseness which was one of the most striking peculiarities of his own eloquence. Sir John Eliot's style was, it seems, too diffuse, and it is impossible not to admire the skill with which this is suggested. "The piece," says Hampden, "is as complete an image of the pattern as can be drawn by lines, a lively character of a large mind, the subject, method, and expression, excellent and h.o.m.ogeneal, and, to say truth, sweetheart, somewhat exceeding my commendations. My words cannot render them to the life. Yet, to show my ingenuity rather than wit, would not a less model have given a full representation of that subject, not by diminution but by contraction of parts? I desire to learn. I dare not say.
The variations upon each particular seem many; all, I confess, excellent. The fountain was full, the channel narrow; that may be the cause; or that the author resembled Virgil, who made more verses by many than he intended to write. To extract a just number, had I seen all his, I could easily have bid him make fewer; but if he had bade me tell him which he should have spared, I had been posed."
This is evidently the writing not only of a man of good sense and natural good taste, but of a man of literary habits. Of the studies of Hampden little is known. But as it was at one time in contemplation to give him the charge of the education of the Prince of Wales, it cannot be doubted that his acquirements were considerable. Davila, it is said, was one of his favourite writers. The moderation of Davila's opinions and the perspicuity and manliness of his style could not but recommend him to so judicious a reader. It is not improbable that the parallel between France and England, the Huguenots and the Puritans, had struck the mind of Hampden, and that he already found within himself powers not unequal to the lofty part of Coligni.
While he was engaged in these pursuits, a heavy domestic calamity fell on him. His wife, who had borne him nine children, died in the summer of 1634. She lies in the parish church of Hampden, close to the manor-house. The tender and energetic language of her epitaph still attests the bitterness of her husband's sorrow, and the consolation which he found in a hope full of immortality.
In the meantime, the aspect of public affairs grew darker and darker. The health of Eliot had sunk under an unlawful imprisonment of several years. The brave sufferer refused to purchase liberty, though liberty would to him have been life, by recognising the authority which had confined him. In consequence of the representations of his physicians, the severity of restraint was somewhat relaxed. But it was in vain. He languished and expired a martyr to that good cause for which his friend Hampden was destined to meet a more brilliant, but not a more honourable death.
All the promises of the king were violated without scruple or shame. The Pet.i.tion of Right to which he had, in consideration of moneys duly numbered, given a solemn a.s.sent, was set at nought.
Taxes were raised by the royal authority. Patents of monopoly were granted. The old usages of feudal times were made pretexts for hara.s.sing the people with exactions unknown during many years. The Puritans were persecuted with cruelty worthy of the Holy Office. They were forced to fly from the country. They were imprisoned. They were whipped. Their ears were cut off. Their noses were slit. Their cheeks were branded with red-hot iron. But the cruelty of the oppressor could not tire out the fort.i.tude of the victims. The mutilated defenders of liberty again defied the vengeance of the Star-Chamber, came back with undiminished resolution to the place of their glorious infamy, and manfully presented the stumps of their ears to be grubbed out by the hangman's knife. The hardy sect grew up and flourished in spite of everything that seemed likely to stunt it, struck its roots deep into a barren soil, and spread its branches wide to an inclement sky. The mult.i.tude thronged round Prynne in the pillory with more respect than they paid to Mainwaring in the pulpit, and treasured up the rags which the blood of Burton had soaked, with a veneration such as mitres and surplices had ceased to inspire.
For the misgovernment of this disastrous period Charles himself is princ.i.p.ally responsible. After the death of Buckingham, he seems to have been his own prime minister. He had, however, two counsellors who seconded him, or went beyond him, in intolerance and lawless violence, the one a superst.i.tious driveller, as honest as a vile temper would suffer him to be, the other a man of great valour and capacity, but licentious, faithless, corrupt, and cruel.
Never were faces more strikingly characteristic of the individuals to whom they belonged, than those of Laud and Strafford, as they still remain portrayed by the most skilful hand of that age. The mean forehead, the pinched features, the peering eyes, of the prelate, suit admirably with his disposition. They mark him out as a lower kind of Saint Dominic, differing from the fierce and gloomy enthusiast who founded the Inquisition, as we might imagine the familiar imp of a spiteful witch to differ from an archangel of darkness. When we read His Grace's judgments, when we read the report which he drew up, setting forth that he had sent some separatists to prison, and imploring the royal aid against others, we feel a movement of indignation. We turn to his Diary, and we are at once as cool as contempt can make us. There we learn how his picture fell down, and how fearful he was lest the fall should be an omen; how he dreamed that the Duke of Buckingham came to bed to him, that King James walked past him, that he saw Thomas Flaxney in green garments, and the Bishop of Worcester with his shoulders wrapped in linen. In the early part of 1627, the sleep of this great ornament of the church seems to have been much disturbed. On the fifth of January, he saw a merry old man with a wrinkled countenance, named Grove, lying on the ground. On the fourteenth of the same memorable month, he saw the Bishop of Lincoln jump on a horse and ride away. A day or two after this he dreamed that he gave the King drink in a silver cup, and that the King refused it, and called for gla.s.s. Then he dreamed that he had turned Papist; of all his dreams the only one, we suspect, which came through the gate of horn. But of these visions our favourite is that which, as he has recorded, he enjoyed on the night of Friday, the ninth of February 1627. "I dreamed," says he, "that I had the scurvy: and that forthwith all my teeth became loose.
There was one in especial in my lower jaw, which I could scarcely keep in with my finger till I had called for help." Here was a man to have the superintendence of the opinions of a great nation!
But Wentworth,--who ever names him without thinking of those harsh dark features, enn.o.bled by their expression into more than the majesty of an antique Jupiter; of that brow, that eye, that cheek, that lip, wherein, as in a chronicle, are written the events of many stormy and disastrous years, high enterprise accomplished, frightful dangers braved, power unsparingly exercised, suffering unshrinkingly borne; of that fixed look, so full of severity, of mournful anxiety, of deep thought, of dauntless resolution, which seems at once to forebode and to defy a terrible fate, as it lowers on us from the living canvas of Vand.y.k.e? Even at this day the haughty earl overawes posterity as he overawed his contemporaries, and excites the same interest when arraigned before the tribunal of history which he excited at the bar of the House of Lords. In spite of ourselves, we sometimes feel towards his memory a certain relenting similar to that relenting which his defence, as Sir John Denham tells us, produced in Westminster Hall.
This great, brave, bad man entered the House of Commons at the same time with Hampden, and took the same side with Hampden. Both were among the richest and most powerful commoners in the kingdom. Both were equally distinguished by force of character and by personal courage. Hampden had more judgment and sagacity than Wentworth. But no orator of that time equalled Wentworth in force and brilliancy of expression. In 1626 both these eminent men were committed to prison by the King, Wentworth, who was among the leaders of the Opposition, on account of his parliamentary conduct, Hampden, who had not as yet taken a prominent part in debate, for refusing to pay taxes illegally imposed.
Here their path separated. After the death of Buckingham, the King attempted to seduce some of the chiefs of the Opposition from their party; and Wentworth was among those who yielded to the seduction. He abandoned his a.s.sociates, and hated them ever after with the deadly hatred of a renegade. High t.i.tles and great employments were heaped upon him. He became Earl of Strafford, Lord Lieutenant of Ireland, President of the Council of the North; and he employed all his power for the purpose of crushing those liberties of which he had been the most distinguished champion. His counsels respecting public affairs were fierce and arbitrary. His correspondence with Laud abundantly proves that government without parliaments, government by the sword, was his favourite scheme. He was angry even that the course of justice between man and man should be unrestrained by the royal prerogative. He grudged to the courts of King's Bench and Common Pleas even that measure of liberty which the most absolute of the Bourbons allowed to the Parliaments of France. In Ireland, where he stood in place of the King, his practice was in strict accordance with his theory. He set up the authority of the executive government over that of the courts of law. He permitted no person to leave the island without his licence. He established vast monopolies for his own private benefit. He imposed taxes arbitrarily. He levied them by military force. Some of his acts are described even by the partial Clarendon as powerful acts, acts which marked a nature excessively imperious, acts which caused dislike and terror in sober and dispa.s.sionate persons, high acts of oppression. Upon a most frivolous charge, he obtained a capital sentence from a court-martial against a man of high rank who had given him offence. He debauched the daughter- in-law of the Lord Chancellor of Ireland, and then commanded that n.o.bleman to settle his estate according to the wishes of the lady. The Chancellor refused. The Lord Lieutenant turned him out of office and threw him into prison. When the violent acts of the Long Parliament are blamed, let it not be forgotten from what a tyranny they rescued the nation.
Among the humbler tools of Charles were Chief-Justice Finch and Noy the Attorney-General. Noy had, like Wentworth, supported the cause of liberty in Parliament, and had, like Wentworth, abandoned that cause for the sake of office. He devised, in conjunction with Finch, a scheme of exaction which made the alienation of the people from the throne complete. A writ was issued by the King, commanding the city of London to equip and man ships of war for his service. Similar writs were sent to the towns along the coast. These measures, though they were direct violations of the Pet.i.tion of Right, had at least some show of precedent in their favour. But, after a time, the government took a step for which no precedent could be pleaded, and sent writs of ship-money to the inland counties. This was a stretch of power on which Elizabeth herself had not ventured, even at a time when all laws might with propriety have been made to bend to that highest law, the safety of the state. The inland counties had not been required to furnish ships, or money in the room of ships, even when the Armada was approaching our sh.o.r.es. It seemed intolerable that a prince who, by a.s.senting to the Pet.i.tion of Right, had relinquished the power of levying ship-money even in the out-ports, should be the first to levy it on parts of the kingdom where it had been unknown under the most absolute of his predecessors.
Clarendon distinctly admits that this tax was intended, not only for the support of the navy, but "for a spring and magazine that should have no bottom, and for an everlasting supply of all occasions." The nation well understood this; and from one end of England to the other the public mind was strongly excited.
Buckinghamshire was a.s.sessed at a ship of four hundred and fifty tons, or a sum of four thousand five hundred pounds. The share of the tax which fell to Hampden was very small; so small, indeed, that the sheriff was blamed for setting so wealthy a man at so low a rate. But, though the sum demanded was a trifle, the principle involved was fearfully important. Hampden, after consulting the most eminent const.i.tutional lawyers of the time, refused to pay the few shillings at which he was a.s.sessed, and determined to incur all the certain expense, and the probable danger, of bringing to a solemn hearing, this great controversy between the people and the Crown. "Till this time," says Clarendon, "he was rather of reputation in his own country than of public discourse or fame in the kingdom; but then he grew the argument of all tongues, every man inquiring who and what he was that durst, at his own charge, support the liberty and prosperity of the kingdom."
Towards the close of the year 1636 this great cause came on in the Exchequer Chamber before all the judges of England. The leading counsel against the writ was the celebrated Oliver St.
John, a man whose temper was melancholy, whose manners were reserved, and who was as yet little known in Westminster Hall, but whose great talents had not escaped the penetrating eye of Hampden. The Attorney-General and Solicitor-General appeared for the Crown.
The arguments of the counsel occupied many days; and the Exchequer Chamber took a considerable time for deliberation. The opinion of the bench was divided. So clearly was the law in favour of Hampden that, though the judges held their situations only during the royal pleasure, the majority against him was the least possible. Five of the twelve p.r.o.nounced in his favour. The remaining seven gave their voices for the writ.
The only effect of this decision was to make the public indignation stronger and deeper. "The judgment," says Clarendon, "proved of more advantage and credit to the gentleman condemned than to the King's service." The courage which Hampden had shown on this occasion, as the same historian tells us, "raised his reputation to a great height generally throughout the kingdom."
Even courtiers and crown-lawyers spoke respectfully of him. "His carriage," says Clarendon, "throughout that agitation, was with that rare temper and modesty, that they who watched him narrowly to find some advantage against his person, to make him less resolute in his cause, were compelled to give him a just testimony." But his demeanour, though it impressed Lord Falkland with the deepest respect, though it drew forth the praises of Solicitor-General Herbert, only kindled into a fiercer flame the ever-burning hatred of Strafford. That minister in his letters to Laud murmured against the lenity with which Hampden was treated.
"In good faith," he wrote, "were such men rightly served, they should be whipped into their right wits." Again he says, "I still wish Mr. Hampden, and others to his likeness, were well whipped into their right senses. And if the rod be so used that it smart not, I am the more sorry."
The person of Hampden was now scarcely safe. His prudence and moderation had hitherto disappointed those who would gladly have had a pretence for sending him to the prison of Eliot. But he knew that the eye of a tyrant was on him. In the year 1637 misgovernment had reached its height. Eight years had pa.s.sed without a Parliament. The decision of the Exchequer Chamber had placed at the disposal of the Crown the whole property of the English people. About the time at which that decision was p.r.o.nounced, Prynne, Bastwick, and Burton were mutilated by the sentence of the Star-Chamber, and sent to rot in remote dungeons.