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LIX.

1648.

luctance against it. The king had no doubt, in cHA P. 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 monarchial 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."

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 for ever 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

Walker, p. 11. * Ibid. p. 51.

y Ibid.

p.

there.

78.

CHA P. there.Z

LIX.

1648.

a

He renounced the power of the wards, and accepted of 100,000 pounds a year in lieu of it. He acknowledged the validity of their great seal, and gave up his own." 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.

Or 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 could 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

Walker, p. 45.

Ibid. p. 69, 77.

b

Ibid. p. 56.68.

LIX.

his friends should be rendered incapable of public CHA P. employments. But when the parliament demanded a bill of attainder and banishment against 1648. 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.d

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 the forms of prayer, and strict laws against catholics. The king. offered to retrench every thing which he did not esteem of apostolical 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 parlia ment, 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.

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e Ibid.
Rush.

CHAP.
LIX.

1648.

Civil war and inva

sion repressed.

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 abo“minable 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 exer"cise of the mass." "h 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.

It was evidently the interest both of king and parliament, to finish their treaty with all expedition; and endeavour, 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, although undisciplined, army, durst not

unite

Walker, p. 71. See note [E] at the end of the volume.

LIX.

1648.

unite his forces with those of Langdale; because the CHA P. 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 Cromwel, 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.

CROMWEL feared not topppose 8000 men, to the numerous armies of 20,000, 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 succoured 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. Cromwel 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

17th of August.

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