Томас Бабингтон Маколей - Critical and Historical Essays. Volume 1

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 weak and cruel policy. The time for 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, parsimony is the worst profusion. They had hoped to effect a reconciliation. The event taught them that the best way to conciliate is to bring the work of destruction to a speedy termination. By their moderation many lives and much property had been wasted. The angry passions which, if the contest had been short, would have died away almost as soon as they appeared, had fixed themselves in the form of deep and lasting hatred. A military caste had grown up. Those who had been induced to take up arms by the patriotic feelings of citizens had begun to entertain the professional feelings of soldiers. Above all, the leaders of the party had forfeited its confidence, If they had, by their valour and abilities, gained a complete victory, their influence might have been sufficient to prevent their associates from abusing it. It was now necessary 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 public good, of durable tranquillity, of temperate freedom, were buried in the grave of Hampden.

The self-denying ordinance was passed, and the army was remodelled. These measures were undoubtedly full of danger. But all that was left to the Parliament was to take the less of two dangers. And we think that, even if they could have accurately foreseen all that followed, their decision ought to have been the same. Under any circumstances, we should have preferred Cromwell to Charles. But there could be no comparison between Cromwell and Charles victorious, Charles restored, Charles enabled to feed fat all the hungry grudges of his smiling rancour and his cringing pride. The next visit of his Majesty to his faithful Commons would have been more serious than that with which he last honoured them; more serious than that which their own General paid them some years after. The King would scarce have been content with praying that the Lord would deliver him from Vane, or with pulling Marten by the cloak. If, by fatal mismanagement, nothing was left to England but a choice of tyrants, the last tyrant whom she should have chosen was Charles.

From the apprehension of this worst evil the Houses were soon delivered by their new leaders. The armies of Charles were everywhere routed, his fastnesses stormed, his party humbled and subjugated. The King himself fell into the hands of the Parliament; and both the King and the Parliament soon fell into the hands of the army. The fate of both the captives was the same. Both were treated alternately with respect and with insult. At length the natural life of 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 sympathise 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.

Mr. Hallam decidedly condemns the execution of Charles; and in all that he says on that subject we heartily agree. We fully concur with him in thinking that a great social schism, such as the civil war, is not to be confounded with an ordinary treason, and that the vanquished ought to be treated according to the rules, not of municipal, but of international law. In this case the distinction is of the less importance, because both international and municipal law were in favour of Charles. He was a prisoner of war by the former, a King by the latter. By neither was he a traitor. If he had been successful, and had put his leading opponents to death, he would have deserved severe censure; and this without reference to the justice or injustice of his cause. Yet the opponents of Charles, it must be admitted, were technically guilty of treason. He might have sent them to the scaffold without violating any established principle of jurisprudence. He would not have been compelled to overturn the whole constitution in order to reach them. Here his own case differed widely from theirs. Not only was his condemnation in itself a measure which only the strongest necessity could vindicate; but it could not be procured without taking several previous steps, every one of which would have required the strongest necessity to vindicate it. It could not be procured without dissolving the Government by military force, without establishing precedents of the most dangerous description, without creating difficulties which the next ten years were spent in removing, without pulling down institutions which it soon became necessary to reconstruct, and setting up others which almost every man was soon impatient to destroy. It was necessary to strike the House of Lords out of the constitution, to exclude members of the House of Commons by force, to make a new crime, a new tribunal, a new mode of procedure. The whole legislative and judicial systems were trampled down for the purpose of taking a single head. Not only those parts of the constitution which the republicans were desirous to destroy, but those which they wished to retain 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 colleagues.

If Charles had been the last of his line, there would have been an intelligible reason for putting him to death. But the blow which terminated his life at once transferred the allegiance of every Royalist to an heir, and an heir who was at liberty. To kill the individual was, 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 sentence against Charles. But in fact the danger amounted to nothing. There was indeed, danger from the attachment of a large party to his office. But this danger his execution only increased. His personal influence was little indeed. He had lost the confidence of every party. Churchmen, Catholics, Presbyterians, Independents, his enemies, his friends, his tools, English, Scotch, Irish, all divisions and subdivisions of his people had been deceived by him. His most attached councillors turned away with shame and anguish from his false and hollow policy, plot intertwined with plot, mine sprung beneath mine, agents disowned, promises evaded, one pledge given in private, another in public. “Oh, Mr. Secretary,” says Clarendon, in a letter to Nicholas, “those stratagems have given me more sad hours than all the misfortunes in war which have befallen the King, and look like the effects of God’s anger towards us.”