1645. CHAP. king's commiffioners afked, Whether jealoufies and LVII. fears were all on one fide, and whether the prince, from fuch violent attempts and pretenfions as he had experienced, had not, at least, as great reafon to entertain apprehenfions for his authority, as they for their liberty? Whether there were any equity in fecuring only one party, and leaving the other, during the space of feven years, entirely at the mercy of their enemies? Whether, if unlimited power were entrusted to the parliament during fo long a period, it would not be eafy for them to frame the fubfequent bill in the manner most agreeable to themfelves, and keep for ever poffeffion of the fword, as well as of every article of civil power and jurifdiction? THE truth is, after the commencement of war, it was very difficult, if not impoffible, to find fecurity for both parties, efpecially for that of the parliament. Amidft fuch violent animofities, power alone could enfure fafety; and the power of one fide was neceffarily attended with danger to the other. Few or no inftances occur in hiftory of an equal, peaceful, and durable accommodation, that has been concluded between two factions which had been enflamed into civil war. WITH regard to Ireland, there were no greater hopes of agreement between the parties. The parliament demanded, that the truce with the rebels fhould be declared null; that the management of the war fhould be given over entirely to the parliament, and that, after the conqueft of Ireland, the nomination of the lord lieutenant and of the judges, or, in other words, the fovereignty of that kingdom, fhould likewife remain in their hands'. WHAT rendered an accommodation more defperate was, that the demands on thefe three heads, however exorbitant, were acknowledged, by the parliamentary commiffioners, to be nothing but Dugdale, p. 877. 1 Ibid. p. 826, 827. preli LVII. 1645. preliminaries. After all thefe were granted, it would CHA P. m Rush. vol. vi. p. 850. Dugdale, p. 737. A LITTLE СНАР. LVII. 1645. of Laud. A LITTLE before the commencement of this fruitlefs treaty, a deed was executed by the parliament, which proved their determined refolution to vield nothing, but to proceed in the fame violent and imperious manner with which they had at firft entered Execution on thefe dangerous enterprifes. Archbishop Laud, the most favourite minifter of the king, was brought to the fcaffold; and in this inftance the public might fee, that popular affemblies, as, by their very number, they are, in a great measure, exempt from the restraint of fhame, fo, when they alfo overleap the bounds of law, naturally break out into acts of the greatest tyranny and injuftice. FROM the time that Laud had been committed, the house of commons, engaged in enterprifes of greater moment, had found no leifure to finish his impeachment; and he had patiently endured fo long an imprisonment without being brought to any trial. After the union with Scotland, the bigoted prejudices of that nation revived the like fpirit in England; and the fectaries refolved to gratify their vengeance in the punishment of this prelate, who had fo long, by his authority, and by the execution of penal laws, kept their zealous spirit under confinement. He was accufed of high treafon in endeavouring to fubvert the fundamental laws, and of other high crimes and misdemeanors. The fame illegality of an accumulative crime and a conftructive evidence, which appeared in the cafe of Strafford; the fame violence and iniquity in conducting the trial; are confpicuous throughout the whole courfe of this profecution. The groundless charge of popery, though belied by his whole life and conduct, was continually urged against the prisoner; and every error rendered unpardonable by this imputation, which was fuppofed to imply the height of all enormities. "This man, my lords," faid ferjeant Wilde, concluding his long fpeech againft him, " is like Naaman the Syrian; a great man, but a CHAP, leper". WE fhall not enter into a detail of this matter, which, at prefent, feems to admit of little controverfy. It fuffices to fay, that, after a long trial, and the examination of above a hundred and fifty witneffes, the commons found fo little likelihood of obtaining a judicial fentence against Laud, that they were obliged to have recourfe to their legiflative authority, and to pafs an ordinance for taking away the life of this aged prelate. Notwithstanding the low condition into which the house of peers was fallen, there appeared fome intention of rejecting this ordinance; and the popular leaders were again obliged to apply to the multitude, and to extinguish, by threats of new tumults, the small remains of liberty poffeffed by the upper houfe. Seven peers alone voted in this important queftion. The reft, either from fhame or fear, took care to abfent themselves. LAUD, who had behaved during his trial with fpirit and vigour of genius, funk not under the horrors of his execution; but though he had ufually profeffed himself apprehenfive of a violent death, he found all his fears to be diffipated before that fuperior courage by which he was animated. "No one," faid he, " can be more willing to fend me out of life, than I "am defirous to go. Even upon the fcaffold, and during the intervals of his prayers, he was haraffed and molested by fir John Clotworthy, a zealot of the reigning fect, and a great leader in the lower houfe: This was the time he chofe for examining the principles of the dying primate, and trepanning him into a confeffion, that he trufted for his falvation to the merits of good works, not to the death of the Redeemer. Having extricated himself from these theological toils, the archbishop laid his head on the block; and it was fevered from the body at one • Warwick, p. 169. n Rush, vol. vi. p. 830. LVII. 1645. ما LVII. 1645. CHAP. blow 9. Thofe religious opinions, for which he suffered, contributed, no doubt, to the courage and conftancy of his end. Sincere he undoubtedly was, and, however mifguided, actuated by pious motives in all his purfuits; and it is to be regretted, that a man of fuch fpirit, who conducted his enterprifes with fo much warmth and induftry, had not entertained more enlarged views, and embraced principles more favourable to the general happiness of fociety. THE great and important advantage, which the party gained by Strafford's death, may, in fome degree, palliate the iniquity of the fentence pronounced against him: But the execution of this old infirm prelate, who had fo long remained an inoffenfive prifoner, can be afcribed to nothing but vengeance and bigotry in those fevere religionifts, by whom the parliament was entirely governed. That he deferved a better fate was not queftioned by any reasonable man: The degree of his merit, in other refpects, was difputed. Some accufed him of recommending flavish doctrines, of promoting perfecution, and of encouraging fuperftition; while others thought that his conduct, in these three particulars, would admit of apology and extenuation. THAT the letter of the law, as much as the most flaming court-fermon, indicates paffive obedience is apparent: And though the Spirit of a limited government feems to require, in extraordinary cafes, fome mitigation of fo rigorous a doctrine; it must be confeffed, that the preceding genius of the English conftitution had rendered a mittake in this particular very natural and excufable. To inflict death, at least on thofe who depart from the exact line of truth in the fe nice queftions, fo far from being favourable to national liberty, favours ftrongly of the fpirit of tyranny and profcription. 12th of July 1644. TOLERA |