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they had assumed the right of judging of the danger, and providing for it of their own right, by exacting money from the subject, this could hardly have been the case, it being "rare in a subject, and more so in a prince, to ask and take as a gift, that which he might and ought to have of right, and that, too, without so much as a salvo or declaration of his right." The very asking of benevolences and loans proved that the crown possessed no general right of taxation. If it had possessed such a right it would have taxed and not borrowed. The loans of former times had in some cases been repaid expressly to clear the king's conscience, ad exonerandum conscien tiam. And that very arbitrary prince Henry VIII., who felt it inconvenient to repay what he had borrowed, could not sit down with a comfortable mind till he had obtained from parliament acts to release him from the obligation. Hampden's advocates relied upon Magna Charta, and especially upon the Confirmatio Chartarum of Edward I., which clearly abrogated for ever all taxation without consent of parliament; and they made still more account of the famous statute De Tallagio non Concedendo of Edward III. That warlike sovereign had often infringed this right of the subject, but the parliament never ceased to remonstrate, and, in the end, the conqueror of France was obliged to conform to the law. In the second year of Richard II., when the realm was in imminent danger of a formidable invasion from France, the privy council called together the peers and other great men, who freely lent their own money, but declared that they could not provide a sufficient remedy without charging the commons, which could not be done out of parliament, and therefore advised the immediate summoning of a parliament. This precedent was strong against the plea of peril and necessity, on which the defenders of ship-money wished to make it appear that they relied. But St. John and Holborne met that specious plea more directly. They stated broadly the overwhelming force of actual war and invasion which had power to silence for the time of danger even the sacred voice of the law: they admitted that, in an invasion, or the immediate prospect of one, the rights of private individuals must yield to the safety of the whole; that the sovereign, and even each man in respect of his neighbour, might then do many things that would be illegal at other seasons. Such had been the case in 1588, when the liberties and religion of the people were put in jeopardy by the Spanish Armada. But now there was no danger; England was at peace with all the world, and the piracies of a few Turkish corsairs and the insolence of some rival states could not be reckoned among those instant perils for which a parliament would pro

vide too late. But, after all, their great and unanswerable argument was founded, not upon precedents and rolls of ancient times, "when all things concerning the king's prerogative and the subject's liberties were upon uncertainties," but upon the Petition of Right, which was not yet ten years old; and, as it has been well remarked, Charles himself was fully aware of the restrictions which that statute imposed when he so unwillingly but solemnly gave his assent to it and passed it into a law. By this assent he renounced all gifts, loans, benevolences, taxes, or any such like charge, without common consent by act of parliament. This was his own deed--his own contract-let the proceedings of his predecessors be what they might. It swept away all contrary precedents-it stood armed at all points against any such imposition as ship-money-its voice was so loud and clear that the meanest intellect could comprehend it. But the court lawyers thought to overlay it with words-to bury it under the weight of the late attorney-general's musty records. "I shall insist," said Sir John Bankes, "upon precedents, and herein I shall desire you to take notice that these writs have not issued out at the first upon any sudden advice, but that there was a great search made, first by my predecessor Mr. Noye, a man of great learning and profound judgment; other searches made by the king's counsel, and some others; and a great number of records were considered of, and maturely, before these writs issued; so nothing was done upon the sudden." He quoted instances-all very old ones-and cavilled on the more modern and intelligible statutes. But this was not enough to serve their purposes, and so Bankes and his colleagues unblushingly took their stand on the position that the monarchy of England was an absolute monarchy, that the power of Charles was above all law, and statutes, and parliamentary devices. "This power," exclaimed the attorney-general, " is not any ways derived from the people, but reserved unto the king, where positive laws first began. For the King of England, he is an absolute monarch; nothing can be given to an absolute prince but what is inherent in his person. He can do no wrong. He is the sole judge, and we ought not to question him. Where the law trusts we ought not to distrust." The acts of parliament, he observed, contained no express words to take away so high a prerogative; and the king's prerogative, even in lesser matters, is always saved, where express words do not restrain it. When Charles instructed or allowed his crown lawyers to talk in this strain, he ought to have been prepared to back them with a regular army of a hundred thousand men. But Bankes was just

A lucid expression of St. John's.

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and moderate compared to some of the judges. | opposition, however, that had been made by two "This imposition," said Justice Crawley, "apper- of the judges went to deepen the impression altains to the king originally, and to the successor, ready made by the trial. The government could ipso facto, if he be a sovereign, in right of his no longer get money from the sheriffs of counties, sovereignty from the crown. You cannot have everywhere men took heart. Hampden," a king without these royal rights: no, not by act says Clarendon, "by the choice of the king's of parliament." Holborne had pleaded the con- counsel, had brought his cause to be first heard stitutional doctrine and practice, that the sove- and argued; and with that judgment it was inreign could take nothing from the people without tended that the whole right of the matter should consent of their representatives. "Mr. Holborne be concluded, and all other cases overruled." 3 is utterly mistaken therein," exclaimed Justice Thus, the Lord Say, who had refused shipBerkeley. "The law knows no such king-yoking money, and excited a spirited opposition in Warpolicy! The law is itself an old and trusty ser- wickshire, was denied a trial when he asked for vant of the king's; it is his instrument or means, it. But Clarendon is fain to confess that the which he useth to govern his people by. I never sentence procured against Hampden did not set read nor heard that lex was rex; but it is com- the question at rest; that, on the contrary, it mon and most true that rex is lex." And yet stirred up resistance to ship-money, or, as he exall the judges were not so prompt and resolute presses it "it is notoriously known, that presas the court wished. Even Finch and Crawley sure was borne with much more cheerfulness bethought it decorous to prolong the discussion, fore the judgment for the king than ever it was and the business was dragged through the three after." Archbishop Laud seems to have thought following terms. In Hilary term, 1638, there that this was owing to Justices Croke and Hutwas an appearance of unanimity; but by Easter ton, who according to him, had both "gone term the judges differed, and Croke boldly con- against the king very sourly." cluded against ship-money. Croke had signed the answer to the king's question with the rest, but it was out of a fear of consequences. The loss of place was then generally attended by such persecutions as might daunt a man not constitutionally timid. The judge saw a prison for himself, poverty and want for his family, if he resisted the royal will; but his high-minded wife, who was equally aware of this danger, encouraged him to encounter it. "She was," says Whitelock, "a very good and pious woman, and told her husband upon this occasion, that she hoped he would do nothing against his conscience, The court crowded a vast deal of tyranny and for fear of any danger or prejudice to him or cruelty into the interval of time between the his family; and that she would be contented opening and closing of this trial, but it did not to suffer want or any misery with him, rather venture to scourge and mutilate the English genthan be an occasion for him to do or say any-tleman who was now regarded as a Pater Patriæ, thing against his judgment and conscience." So and as the pilot who must steer the vessel through long as there were English wives and mothers of the tempests and rocks that threatened it. At this brave sort, the liberties of the country were the same time Hampden's prudence and moderanot to be despaired of. Justice Hutton joined tion, which are highly praised by all his conCroke, and when Justice Jones treated the matter temporaries, of whatsoever party, prevented his somewhat doubtingly, deciding for the king, but giving any hold to the arbitrary council, who with the condition that no portion of the ship-longed at least for an opportunity of committing money should ever go to the privy purse, he man-him to the Tower, where his honoured and dear fully denied the legality of the tax, and advised friend, Sir John Eliot, was wearing out in sickthat judgment should be given for Hampden. ness the last years of his life. But, in Trinity term, on the 11th day of June, 1638, the attorney-general-as the sentence of the majority of the judges was still for the king -moved for judgment to be entered against Mr. Hampden; and on the following day, judgment was entered in the Court of Exchequer. The

1 Memorials.

2 Brampton, Chief-justice of the King's Bench, and Davenport,

The sympathizing Wentworth, it appears, thought that matters might be mended by whipping Hampden, like Prynne or Lilburne. "Mr. Hampden," says he to his dear friend the archbishop, "is a great brother; and the very genius of that nation of people leads them always to oppose, both civilly and ecclesiastically, all that ever authority ordains for them. But, in good faith, were they rightly served, they should be whipped home into their right wits; and much beholden they should be to any that would thoroughly take pains with them in that sort."

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Chief-baron of Exchequer, had pronounced for Hampden, but
merely upon technical reasons, and had joined the majority on
the principal question. Denham, another judge of the same
court, was more honest; being sick in his bed, he sent in a
written judgment in favour of Hampden. The court majority
of seven consisted of Finch, Chief-justice of the Common Pleas,
Jones, Berkeley, Vernon, Crawley, Trevor, and Weston.
3 History of the Great Rebellion.
5 Puritan.

7 Clarendon, History of the Great Rebellion.

Strafford Letters.

6 Strafford Letters.

CHAPTER X.-CIVIL AND MILITARY HISTORY.-A.D. 1637-1639.

CHARLES I.

Disturbances in Scotland-Imposition of the English Book of Church Service on the Scots-Riot in Edinburgh from the attempt-Charles and Laud persist in enforcing the service-book in Scotland-The king's peremptory orders to that effect-The Bishop of Galloway mobbed in Edinburgh-Establishment of the "Four Tables" in Edinburgh-Proceedings of this form of national resistance-Its "Covenant"-Energy and effectiveness of its government-Its adherents called "Covenanters"-The Marquis of Hamilton commissioned by the king to quell the revolt-Hamilton's arrival in Scotland-Strength and resolution of the Covenanters-Hamilton unsuccessfully attempts to temporize-He negotiates with the Covenanters-His endeavours to set aside the Covenant-Shifting and double-dealing of Charles in these proceedings-Preparations on both sides for warGeneral assembly held at Glasgow-Marquis of Hamilton's conduct at the assembly as commissioner-His deceitful proposals on the part of the king-Alexander Henderson appointed moderator by the assemblyHamilton protests against its proceedings-His letter to the king describing the state of affairs-His account of the Scottish bishops and nobles-His denunciations of his country and its people-He attempts to dissolve the assembly-The assembly abolishes Episcopacy in Scotland-Active preparations for war-The Scottish soldiers in the Swedish army recalled-General Leslie appointed commander-in-chief of the CovenantersUnprepared condition of Charles for the war-His difficulties in raising supplies-Successful military operations of the Covenanters in Scotland-The Marquis of Hamilton sent with an army against them-Futility of the expedition-Charles repairs to the scene of action-The Covenanters encounter his troops on the Border -Negotiations between Charles and the Scots-Concessions of Charles-The armies disbanded-The Earl of Traquair succeeds Hamilton as royal commissioner-His instructions from the king-Preparations of Charles to renew the war-Hopeless prospect of his affairs.

Y this time the storm had arisen in the north. The new servicebook was sent out at the beginning of the year 1637, and appointed to be read in all Scotch churches from the Easter Sunday. The Scots maintained that the sovereign could not impose a liturgy without consent of their own parliament, and their murmurs were so loud that the experiment was put off from Easter to Sunday the 23d of July, when the dean of Edinburgh began to read the book in St. Giles's Kirk, which had been recently converted by Laud into a cathedral church. The people, fully prepared, had gathered in crowds from many parts. The archbishops and bishops, the lords of session, and the magistrates were all present by command. No sooner had the dean opened the service-book and begun to read, than the people filled the church with uproar, clapping their hands, uttering execrations and outcries, raising a hideous noise and hubbub. The Bishop of Edinburgh, who was to preach that day, stepped into the pulpit, and tried to appease the tumult by reminding them of the holiness of the place; but this increased the storm instead of allaying it, and presently a joint-stool was thrown at the bishop's head, but diverted by the hand of one present-luckily diverted-for, though thrown by the arm of a woman, it was thrown with such vigour, that the general opinion was, that had it hit him, supposing his skull to be only of ordi

nary thickness, the stool must have killed the bishop. Sticks, stones, dirt followed the stool, with cries of "Down with the priest of Baal!" "A pape, a pape!" "Antichrist!" "Thrapple him!" "Stone him!" The Archbishop of St. Andrews (lord-chancellor), and other great persons, then attempted to restore order, but they had no reverence from the multitude, who cursed them, together with the bishop and dean. Then the provost, the baillies, and others of the city authorities, came forth from their places, and with much ado and in terrible confusion cleared the church of the chief of those people that had made the tumult, and shut the church doors against them. And the dean began to read the service anew, but such were the outcries, rapping at the doors, throwing in of stones at the windows, by the multitude without, who still kept crying "A pape, a pape!" "Antichrist!" "Pull him down!" that the baillies of the city were again obliged to leave their places to appease the fury. At last the service and sermon were both ended, but not the people's rage: the Bishop of Edinburgh, who had preached the sermon, on leaving the church for his residence, distant not many paces, was surrounded by the multitude, cast down and nearly trodden to death. The same morning the new service was read in another church adjoining to St. Giles's, yet not without a tumult, and in the Gray friars' Church the Bishop-elect of Argyle, who began to read it, was hooted and threatened, and forced to give

over after coming to the confession and absolu- | many difficulties. But Laud and Charles would tion.

Between morning and afternoon service the provost and baillies of Edinburgh were summoned before the privy council, who assembled at the lord-chancellor's, and undertook to do their utmost for the peaceable reading of the prayers in the afternoon. Accordingly the churches were kept tolerably quiet by keeping out the people altogether; but after service the tumult was far greater than in the morning; and the Earl of Roxburgh, lord-privy seal, who undertook to carry the bishop home from St. Giles's in his coach, was so pelted with stones, and so pressed upon by the mob, who wanted to drag out the "priest of Baal," that he was obliged to order his footmen and numerous attendants to draw their swords; and thus he and the bishop at last got into the palace of Holyrood, covered with dirt and curses.

listen to no complaints against the new bishops; and, urged on by them, the Scottish council issued a decree of "horning," or banishment, against all such ministers as refused to receive the new Book of Common Prayer, "out of curiosity and singularity." Alexander Henderson, minister at Leuchars, Mr. John Hamilton, minister at Newburn, and Mr. James Bruce, minister of Kingsbarns, petitioned against this harsh sentence with great good sense and moderation, and with a total abstinence from fanaticism. They told the lords of secret council that they had been willing enough to receive the said books to read them beforehand, in order to see what doctrine they contained, without which knowledge they could not adopt them; that, in the matters of God's worship, they were not bound to blind obedience to any man; that the said Book of Common Prayer was neither authorized by the general assembly, the representative kirk of the kingdom, which ever since the Reformation had given directions in matters of worship, nor by any act of parliament, which had been ever thought necessary in high matters of this kind; that they, upon a competent allowance of time, would undertake to prove it departed widely from the doctrine of the Reformation, and in points most material came near to the Church of Rome; and, finally, that the people of Scotland had been otherwise taught by themselves and their predecessors in the pulpit, and, therefore, it was likely that they would be found averse to the sudden change, even if their pastors adopted it. Laud's own bishop, the Bishop of Ross, gave a very short answer to these petitioners. He told them that, while they pretended ignorance of what was contained in the book, it appeared by their many objections and exceptions to it, that they were but too well read in it, albeit they had abused it pitifully. He assured the ministers that the service-book was neither superstitious nor idolatrous, but, on the contrary, one of the most orthodox and perfect liturgies in the Christian church, and that therefore they must accept it, and read it, or bide their horning.*

On the following day the council issued a proclamation in detestation of this tumult, and to forbid all tumultuous meetings and concourse of people to Edinburgh, upon pain of death. The magistrates pretended to deplore the disturbances; and they stated that no persons of quality had appeared in them. In truth, the rioters had been for the most part women and children of the poorest condition. The town council, however, thought fit to suspend the reading of the new service till his majesty's further pleasure should be known, seeing it was so dangerous to the readers. For this they were harshly rebuked by Laud, who told them, through the Earl of Traquair, Lord-treasurer for Scotland, that his majesty took it very ill that the business concerning the establishment of the service-book had been so weakly carried, and had great reason to think himself and his government dishonoured by the late tumult in Edinburgh. "And, therefore,” continues the English primate, "his majesty expects that your lordship and the rest of the honourable council set yourselves to it, that the Liturgy may be established orderly, and with peace to repair what hath been done amiss."" At the same time several of the Scottish lords, not content with denying all share in the prayerbook, quarrelled violently with the new bishops Charles, to punish the inhabitants of the good and the most stirring of the anti-Presbyterian old town, sent down orders for the removing of clergy. Traquair himself complained to the Mar- the term, or session, and the council of governquis of Hamilton, who was at court, and still ment from Edinburgh to Linlithgow, the next high in the royal favour, that some of the lead-term to Stirling, the next to Dundee, &c., togeing men among them were so violent and for-ther with a fresh proclamation, commanding the ward, had such a want of right understanding Presbyterians to disperse immediately, and rehow to compass business of this nature and weight, that they bred the Scottish government

Whitelock; Rushworth.

2 Laud's letter to Traquatr, in Rushworth. Some slight alterations had been made in the Scottish Liturgy-hence Laud said that it was their own.

turn to their homes, under pain of being treated as wicked and rebellious subjects, and with an order for calling in and burning a seditious book, entitled A Dispute against the English Popish

3 Letter from Traquair to Hamilton, in Burnet's Memoirs of Dukes of Hamilton. A Rushworth.

Ceremonies, obtruded upon the Kirk of Scotland. sisting respectively of lords, gentlemen, ministers, The council would have delayed the publication and burgesses, and which were to be fixed perof the arbitrary decrees; but Charles's orders manently in the capital. With these tables in were peremptory, and they were all read at the Edinburgh there corresponded lesser tables, or market-cross. The Earl of Traquair communi- sub-committees, in the country, a constant comcated a part of the immediate result to the Mar- munication being established among them all. quis of Hamilton. "The noblemen," says he, "the Above all these tables was a general table, which ļ gentry, and commissioners from presbyteries and consisted of members taken from each, and which burghs, seemed to acquiesce herewith, and every was intrusted with something very like a supreme man, in a very peaceable manner, to give obedi- executive power. In the course of a very few ence to the tenor of the proclamation; but the weeks these tables were looked up to with far next day thereafter, the town of Edinburgh, or, more respect than the paltry government, and as our new magistrates call it, the rascally peo- they exercised an uncontrolled authority over ple of Edinburgh (although their sisters, wives, the greater part of Scotland. It has been well children, and near kinsmen, were the special said that a better scheme for organizing insuractors), rose in such a barbarous manner, as the rection could not easily have been devised. The like has never been seen in this kingdom, set contrivers of it, and the leading members of the upon the Bishop of Galloway, and with great permanent committee, were the Lords Rothes, difficulty was he rescued into the large council- Balmerino, Lindsay, Lothian, Loudon, Yester, house." At last, the gentlemen and clergymen and Cranston. While the king was determined to who had come up to present the petition, and cede nothing, the Presbyterians now almost daily who had been opprobriously ordered out of the advanced their demands, and pressed them with town, used their good offices to prevent blood- increasing pertinacity and boldness. The lordshed, and, by their influence and persuasion, res- treasurer, the Earl of Traquair, was summoned cued the bishop, the council, and the magistrates up to London by Charles, who examined him from the hands of the rioters. It was observed, sharply, and then sent him back-though his however, that the friends and relations of these sincerity was much doubted-with still harsher very magistrates were in the mob; that citizens and more despotic instructions. Traquair was enof the best repute, with their wives and their joined, or bound by an oath, to keep these things sisters, were actively engaged, and that many secret till the very moment when they should be well-known gentlemen openly joined the people announced by proclamation at Stirling; but the in their cries and denunciations. It was, there- contents of the proclamation were divulged imfore, no longer possible to represent the disaffec- mediately, upon which the tables put themselves tion as a thing of no consequence-as a mere into a state of preparation. The members of the outbreak of the lowest and poorest, who might sub-committees were summoned from all parts to easily be brought to reason by a little hanging meet at Edinburgh and Stirling. To disperse them and scourging. And nearly at the same time and the multitudes that flocked with them, Trathe city of Glasgow became the scene of a simi- quair, on the 19th of February, caused the king's lar rising against the prayer-book and Episco- proclamation to be read at Stirling, where the pacy. But Charles and Laud, though warned by council was then sitting, "condemning their irrethe Scottish ministers of the fierce and dangerous gular proceedings; imputing them rather to prespirit of the people-of the daily accession to posterous zeal than to disaffection or disloyalty; their cause of men of rank and ability-of the remitting past offences to such as should obey defenceless state of Edinburgh Castle and the his majesty's commands; discharging all future other fortresses of the poverty of the exchequer meetings, on pain of treason; forbidding them to -were resolved to go "thorough," and that too repair to Stirling, or any other place, where the without admitting of any delay. Apprehending council and session sat, without notifying their that the king meant to deprive Edinburgh for business, and obtaining leave from the council; ever of its honours and advantages as the seat of and ordering strangers of all ranks to quit the government, the citizens of that ancient capital place within six hours after the proclamation, became more incensed than ever; and it was soon under the same penalty." But the herald had made to appear that Charles had committed a scarcely done reading this proclamation, when fatal mistake in exciting their jealousy in this the Lords Hume and Lindsay, acting for the particular. Before the removal of the session tables, published with equal solemnity, a counterfrom Linlithgow to Stirling, the "Four Tables," or proclamation, which was then fixed to the marboards, as we should now call them, were estab-ket-cross at Stirling, and copies of it sent to be lished with the acquiescence of the Scottish council, which were representative committees, con1 Hardwicke State Papers.

read and affixed in Edinburgh and Linlithgow. Traquair, who had foreseen the mischief, wrote to Hamilton, that his majesty must now per

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