who know anything of those times, know that the conduct of Hampden in the affair of the ship-money met with the warm approbation of every respectable Royalist in England. It drew forth the ardent eulogies of the champions of the prerogative and even of the Crown lawyers themselves. Clarendon allows Hampden’s demeanour through the whole proceeding to have been such, that even those who watched for an occasion against the defender of the people, were compelled to acknowledge themselves unable to find any fault in him. That he was right in the point of law is now universally admitted. Even had it been otherwise, he had a fair case. Five of the judges, servile as our Courts then were, pronounced in his favour. The majority against him was the smallest possible. In no country retaining the slightest vestige of constitutional liberty can a modest and decent appeal to the laws be treated as a crime. Strafford, however, recommends that, for taking the sense of a legal tribunal on a legal question, Hampden should be punished, and punished severely, “whipt,” says the insolent apostate, “whipt into his senses. If the rod,” he adds, “be so used that it smarts not, I am the more sorry.” This is the maintenance of just authority.
In civilised nations, the most arbitrary governments have generally suffered justice to have a free course in private suits. Strafford wished to make every cause in every court subject to the royal prerogative. He complained that in Ireland he was not permitted to meddle in cases between party and party. “I know very well,” says he, “that the common lawyers will be passionately against it, who are wont to put such a prejudice upon all other professions, as if none were to be trusted, or capable to administer justice, but themselves: yet how well this suits with monarchy, when they monopolise all to be governed by their year-books, you in England have a costly example.” We are really curious to know by what arguments it is to be proved, that the power of interfering in the law-suits of individuals is part of the just authority of the executive government.
It is not strange that a man so careless of the common civil rights, which even despots have generally respected, should treat with scorn the limitations which the constitution imposes on the royal prerogative. We might quote pages: but we will content ourselves with a single specimen: “The debts of the Crown being taken off, you may govern as you please: and most resolute I am that may be done without borrowing any help forth of the King’s lodgings.”
Such was the theory of that thorough reform in the state which Strafford meditated. His whole practice, from the day on which he sold himself to the court, was in strict conformity to his theory. For his accomplices various excuses may be urged; ignorance, imbecility, religious bigotry. But Wentworth had no such plea. His intellect was capacious. His early prepossessions were on the side of popular rights. He knew the whole beauty and value of the system which he attempted to deface. He was the first of the Rats, the first of those statesmen whose patriotism has been only the coquetry of political prostitution, and whose profligacy has taught governments to adopt the old maxim of the slave-market, that it is cheaper to buy than to breed, to import defenders from an Opposition than to rear them in a Ministry. He was the first Englishman to whom a peerage was a sacrament of infamy, a baptism into the communion of corruption. As he was the earliest of the hateful list, so was he also by far the greatest; eloquent, sagacious, adventurous, intrepid, ready of invention, immutable of purpose, in every talent which exalts or destroys nations pre-eminent, the lost Archangel, the Satan of the apostasy. The title for which, at the time of his desertion, he exchanged a name honourably distinguished in the cause of the people, reminds us of the appellation which, from the moment of the first treason, fixed itself on the fallen Son of the Morning,
“Satan;—so call him now—
His former name
Is heard no more in heaven.”
The defection of Strafford from the popular party contributed mainly to draw on him the hatred of his contemporaries. It has since made him an object of peculiar interest to those whose lives have been spent, like his, in proving that there is no malice like the malice of a renegade; Nothing can be more natural or becoming than that one turncoat should eulogize another.
Many enemies of public liberty have been distinguished by their private virtues. But Strafford was the same throughout. As was the statesman, such was the kinsman and such the lover. His conduct towards Lord Mountmorris is recorded by Clarendon. For a word which can scarcely be called rash, which could not have been made the subject of an ordinary civil action, the Lord Lieutenant dragged a man of high rank, married to a relative of that saint about whom he whimpered to the peers, before a tribunal of slaves. Sentence of death was passed. Everything but death was inflicted. Yet the treatment which Lord Ely experienced was still more scandalous. That nobleman was thrown into prison, in order to compel him to settle his estate in a manner agreeable to his daughter-in-law, whom, as there is every reason to believe, Strafford had debauched. These stories do not rest on vague report. The historians most partial to the minister admit their truth, and censure them in terms which, though too lenient for the occasion, was too severe. These facts are alone sufficient to justify the appellation with which Pym branded him “the wicked Earl.”
In spite of all Strafford’s vices, in spite of all his dangerous projects, he was certainly entitled to the benefit of the law; but of the law in all its rigour; of the law according to the utmost strictness of the letter, which killeth. He was not to be torn in pieces by a mob, or stabbed in the back by an assassin. He was not to have punishment meted out to him from his own iniquitous measure. But if justice, in the whole range of its wide armoury, contained one weapon which could pierce him, that weapon his pursuers were bound, before God and man, to employ.
“If he may
Find mercy in the law, ‘tis his: if none,
Let him not seek’t of us.”
Such was the language which the Commons might justly use.
Did then the articles against Strafford strictly amount to high treason? Many people, who know neither what the articles were, nor what high treason is, will answer in the negative, simply because the accused person, speaking for his life, took that ground of defence. The journals of the Lords show that the judges were consulted. They answered, with one accord, that the articles on which the earl was convicted amounted to high treason. This judicial opinion, even if we suppose it to have been erroneous, goes far to justify the Parliament. The judgment pronounced in the Exchequer Chamber has always been urged by the apologists of Charles in defence of his conduct respecting ship-money. Yet on that occasion there was but a bare majority in favour of the party at whose pleasure all the magistrates composing the tribunal were removable. The decision in the case of Strafford was unanimous; as far as we can judge, it was unbiassed; and, though there may be room for hesitation, we think, on the whole, that it was reasonable. “It may be remarked,” says Mr. Hallam, “that the fifteenth article of the impeachment, charging Strafford with raising money by his own authority, and quartering troops on the people of Ireland, in order to compel their obedience to his unlawful requisitions, upon which, and upon one other article, not upon the whole matter, the Peers voted him guilty, does, at least, approach very nearly, if we may not say more, to a substantive treason within the statute of Edward the Third, as a levying of war against the King.” This most sound and just exposition has provoked a very ridiculous reply. “It should seem to be an Irish construction this,” says, an assailant of Mr. Hallam, “which makes the raising money for the King’s service, with his knowledge, and by his approbation, to come under the head of levying war on the King, and therefore to be high treason.” Now, people who undertake to write on points of constitutional law should know, what every attorney’s clerk and every forward schoolboy on an upper form knows, that, by a fundamental maxim of our polity, the King can do no wrong; that every court is bound to suppose his conduct and his sentiments to be, on every occasion, such as they ought to be; and that no evidence can be received for the purpose of setting aside this loyal and salutary presumption. The Lords therefore, were bound to take it for granted that the King considered arms which were unlawfully directed against his people as directed against his own throne.
The remarks of Mr. Hallam on the bill of attainder, though, as usual, weighty and acute,
