Томас Бабингтон Маколей - Critical and Historical Essays. Volume 1

Buckinghamshire was assessed 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 constitutional lawyers of the time, refused to pay the few shillings at which he was assessed, 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 pronounced 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 passed 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 pronounced, Prynne, Bastwick, and Burton were mutilated by the sentence of the Star-Chamber, and sent to rot in remote dungeons. The estate and the person of every man who had opposed the court were at its mercy.

Hampden determined to leave England. Beyond the Atlantic Ocean a few of the persecuted Puritans had formed, in the wilderness of Connecticut, a settlement which has since become a prosperous commonwealth, and which, in spite of the lapse of time and of the change of government, still retains something of the character given to it by its first founders. Lord Saye and Lord Brooke were the original projectors of this scheme of emigration. Hampden had been early consulted respecting it. He was now, it appears, desirous to withdraw himself beyond the reach of oppressors who, as he probably suspected, and as we know, were bent on punishing his manful resistance to their tyranny. He was accompanied by his kinsman Oliver Cromwell, over whom he possessed great influence, and in whom he alone had discovered, under an exterior appearance of coarseness and extravagance, those great and commanding talents which were afterwards the admiration and the dread of Europe.

The cousins took their passage in a vessel which lay in the Thames, and which was bound for North America. They were actually on board, when an order of council appeared, by which the ship was prohibited from sailing. Seven other ships, filled with emigrants, were stopped at the same time.

Hampden and Cromwell remained; and with them remained the Evil Genius of the House of Stuart. The tide of public affairs was even now on the turn. The King had resolved to change the ecclesiastical constitution of Scotland, and to introduce into the public worship of that kingdom ceremonies which the great body of the Scots regarded as Popish. This absurd attempt produced, first discontents, then riots, and at length open rebellion. A provisional government was established at Edinburgh, and its authority was obeyed throughout the kingdom. This government raised an army, appointed a general, and summoned an assembly of the Kirk. The famous instrument called the Covenant was put forth at this time, and was eagerly subscribed by the people.

The beginnings of this formidable insurrection were strangely neglected by the King and his advisers. But towards the close of the year 1638 the danger became pressing. An army was raised; and early in the following spring Charles marched northward at the head of a force sufficient, as it seemed, to reduce the Covenanters to submission.

But Charles acted at this conjuncture as he acted at every important conjuncture throughout his life. After oppressing, threatening, and blustering, he hesitated and failed. He was bold in the wrong place, and timid in the wrong place. He would have shown his wisdom by being afraid before the liturgy was read in St. Giles’s church. He put off his fear till he had reached the Scottish border with his troops. Then, after a feeble campaign, he concluded a treaty with the insurgents, and withdrew his army. But the terms of the pacification were not observed. Each party charged the other with foul play. The Scots refused to disarm. The King found great difficulty in re-assembling his forces. His late expedition had drained his treasury. The revenues of the next year had been anticipated. At another time, he might have attempted to make up the deficiency by illegal expedients; but such a course would clearly have been dangerous when part of the island was in rebellion. It was necessary to call a Parliament. After eleven years of suffering, the voice of the nation was to be heard once more.

In April 1640, the Parliament met; and the King had another chance of conciliating his people. The new House of Commons was, beyond all comparison, the least refractory House of Commons that had been known for many years. Indeed, we have never been able to understand how, after so long a period of misgovernment, the representatives of the nation should have shown so moderate and so loyal a disposition. Clarendon speaks with admiration of their dutiful temper. “The House, generally,” says he, “was exceedingly disposed to please the King, and to do him service.” “It could never be hoped,” he observes elsewhere, “that more sober or dispassionate men would ever meet together in that place, or fewer who brought ill purposes with them.”