It deserves to be remarked that the King had, a short time before, promised the most respectable Royalists in the House of Commons, Falkland, Colepepper, and Hyde, that he would take no measure in which that House was concerned, without consulting them. On this occasion he did not consult them. His conduct astonished them more than any other members of the Assembly.
Clarendon says that they were deeply hurt by this want of confidence, and the more hurt, because, if they had been consulted, they would have done their utmost to dissuade Charles from so improper a proceeding. Did it never occur to Clarendon, will it not at least occur to men less partial, that there was good reason for this? When the danger to the throne seemed imminent, the King was ready to put himself for a time into the hands of those who, though they disapproved of his past conduct, thought that the remedies had now become worse than the distempers. But we believe that in his heart he regarded both the parties in the Parliament with feelings of aversion which differed only in the degree of their intensity, and that the awful warning which he proposed to give, by immolating the principal supporters of the Remonstrance, was partly intended for the instruction of those who had concurred in censuring the ship-money and in abolishing the Star-Chamber.
The Commons informed the King that their members should be forthcoming to answer any charge legally brought against them.
The Lords refused to assume the unconstitutional office with which he attempted to invest them. And what was then his conduct?
He went, attended by hundreds of armed men, to seize the objects of his hatred in the House itself. The party opposed to him more than insinuated that his purpose was of the most atrocious kind.
We will not condemn him merely on their suspicions. We will not hold him answerable for the sanguinary expressions of the loose brawlers who composed his train. We will judge of his act by itself alone. And we say, without hesitation, that it is impossible to acquit him of having meditated violence, and violence which might probably end in blood. He knew that the legality of his proceedings was denied. He must have known that some of the accused members were men not likely to submit peaceably to an illegal arrest. There was every reason to expect that he would find them in their places, that they would refuse to obey his summons, and that the House would support them in their refusal. What course would then have been left to him?
Unless we suppose that he went on this expedition for the sole purpose of making himself ridiculous, we must believe that he would have had recourse to force. There would have been a scuffle; and it might not, under such circumstances, have been in his power, even if it had been in his inclination, to prevent a scuffle from ending in a massacre. Fortunately for his fame, unfortunately perhaps for what he prized far more, the interests of his hatred and his ambition, the affair ended differently. The birds, as he said, were flown, and his plan was disconcerted.
Posterity is not extreme to mark abortive crimes; and thus the King's advocates have found it easy to represent a step, which, but for a trivial accident, might have filled England with mourning and dismay, as a mere error of judgment, wild and foolish, but perfectly innocent. Such was not, however, at the time, the opinion of any party. The most zealous Royalists were so much disgusted and ashamed that they suspended their opposition to the popular party, and, silently at least, concurred in measures of precaution so strong as almost to amount to resistance.
From that day, whatever of confidence and loyal attachment had survived the misrule of seventeen years was, in the great body of the people, extinguished, and extinguished for ever. As soon as the outrage had failed, the hypocrisy recommenced. Down to the very eve of this flagitious attempt Charles had been talking of his respect for the privileges of Parliament and the liberties of his people. He began again in the same style on the morrow; but it was too late. To trust him now would have been, not moderation, but insanity. What common security would suffice against a Prince who was evidently watching his season with that cold and patient hatred which, in the long-run, tires out every other passion?
It is certainly from no admiration of Charles that Mr. Hallam disapproves of the conduct of the Houses in resorting to arms.
But he thinks that any attempt on the part of that Prince to establish a despotism would have been as strongly opposed by his adherents as by his enemies, and that therefore the Constitution might be considered as out of danger, or, at least that it had more to apprehend from the war than from the King. On this subject Mr. Hallam dilates at length, and with conspicuous ability. We will offer a few considerations which lead us to incline to a different opinion.
The Constitution of England was only one of a large family. In all the monarchies of Western Europe, during the middle ages, there existed restraints on the royal authority, fundamental laws, and representative assemblies. In the fifteenth century, the government of Castile seems to have been as free as that of our own country. That of Arragon was beyond all question more so.
In France, the sovereign was more absolute. Yet even in France, the States-General alone could constitutionally impose taxes; and, at the very time when the authority of those assemblies was beginning to languish, the Parliament of Paris received such an accession of strength as enabled it, in some measure, to perform the functions of a legislative assembly. Sweden and Denmark had constitutions of a similar description.