At this time the prince of Wales had been more than six weeks in the Downs.

As soon as he heard of the revolt of the fleet, he repaired to the Hague, and taking upon himself the command, hastened with nineteen sail to the English coast. Had he appeared before the Isle of Wight, there can be little doubt that Charles would have recovered his liberty; but the council with the prince decided[a] that it was more for the royal interest to sail to the month of the river, where they long continued to solicit by letters the wavering disposition of the parliament and the city. While Hamilton advanced, there seemed a prospect of success; the destruction of his army extinguished their hopes. The king, by a private message, suggested that before their departure from the coast, they should free him from his captivity. But the mariners proved that they were the masters. They demanded to fight the hostile fleet under the earl of

[Footnote 1: Journals, x. 477. Rushworth, vii. 1242, 1244. Clarendon, iii, 177. Fairfax says in his vindication that they surrendered "at _mercy_, which means that some are to suffer, some to be spared."--Memoirs, p. 540.]

[Sidenote a: A.D. 1648. July 20.]

Warwick, who studiously avoided an engagement, that he might be joined by a squadron from Portsmouth. During two days the royalists offered[a] him battle; by different manoeuvres he eluded their attempts; and on the third day the want of provisions compelled the prince to steer for the coast of Holland, without paying attention to the request of his royal father.

Warwick, who had received his reinforcements, followed at a considerable distance; but, though he defended his conduct on motives of prudence, he did not escape the severe censure of the Independents and Levellers, who maintained that the cause had always been betrayed when it was intrusted to the cowardice or disaffection of n.o.ble commanders.[1]

It is now time to revert to the contest between the two houses respecting the proposed treaty with the king. Towards the end of July the Commons had yielded[b] to the obstinacy of the Lords; the preliminary conditions on which they had insisted were abandoned,[c] and the vote of non-addresses was repealed. Hitherto these proceedings had been marked with the characteristic slowness of every parliamentary measure; but the victory of Cromwell over Hamilton, and the danger of interference on the part of the army, alarmed the Presbyterian leaders; and fifteen commissioners, five lords and ten commoners, were appointed[d] to conduct the negotiation.[2]

At length they arrived;[e] Charles repaired[f] from his prison in Carisbrook Castle to the neighbouring town of Newport;

[Footnote 1: Lords' Journals, x. 399, 414, 417, 426, 444, 483, 488, 494.

Clarendon Papers, ii. 412, 414.]

[Footnote 2: They were the earls of Northumberland, Salisbury, Pembroke, and Middles.e.x, the lords Say and Seale, Lord Wenman, Sir Henry Vane, junior, Sir Harbottle Grimstone, and Holles, Pierrepoint, Brown, Crew, Glyn, Potts, and Bulkely.]

[Sidenote a: A.D. 1648. August 30.]

[Sidenote b: A.D. 1648. July 28.]

[Sidenote c: A.D. 1648. August 3.]

[Sidenote d: A.D. 1648. Sept. 1.]

[Sidenote e: A.D. 1648. Sept. 15.]

[Sidenote f: A.D. 1648. Sept. 18.]

he was suffered to call around him his servants, his chaplains, and such of his counsellors as had taken no part in the war; and, as far as outward appearances might be trusted, he had at length obtained the free and honourable treaty which he had so often solicited. Still he felt that he was a captive, under promise not to leave the island till twenty days after the conclusion of the treaty, and he soon found, in addition, that he was not expected to treat, but merely to submit. How far the two houses might have yielded in other circ.u.mstances is uncertain; but, under the present superiority of the army, they dared not descend from the lofty pretensions which they had previously put forth. The commissioners were permitted to argue, to advise, to entreat; but they had no power to concede; their instructions bound them to insist on the king's a.s.sent to every proposition which had been submitted to his consideration at Hampton Court. To many of these demands Charles made no objection; in lieu of those which he refused, he subst.i.tuted proposals of his own, which were forwarded to the parliament, and voted unsatisfactory. He offered new expedients and modifications; but the same answer was invariably returned, till the necessity of his situation wrung from the unfortunate prince his unqualified a.s.sent to most of the articles in debate. On four points only he remained inflexible. Though he agreed to suspend for three years, he refused to abolish entirely, the functions of the bishops; he objected to the perpetual alienation of the episcopal lands, but proposed to grant leases of them for lives, or for ninety-nine years, in favour of the present purchasers; he contended that all his followers, without any exception, should be admitted to compound for their delinquency; and he protested that, till his conscience were satisfied of the lawfulness of the covenant, he would neither swear to it himself, nor impose it upon others.

Such was the state of the negotiation, when the time allotted by the parliament expired;[a] and a prolongation for twenty days was voted.[1]

The Independents from the very beginning had disapproved of the treaty. In a pet.i.tion presented[b] by "thousands of well-affected persons in and near London," they enumerated the objects for which they had fought, and which they now claimed as the fruit of their victory. Of these the princ.i.p.al were, that the supremacy of the people should be established against the negative voice of the king and of the lords; that to prevent civil wars, the office of the king and the privileges of the peers should be clearly defined; that a new parliament, to be elected of course and without writs, should a.s.semble every year, but never for a longer time than forty or fifty days; that religious belief and worship should be free from restraint

[Footnote 1: The papers given in during this treaty may be seen in the Lords' Journals, x. 474-618. The best account is that composed by order of the king himself, for the use of the prince of Wales.--Clarendon Papers, ii. 425-449. I should add, that a new subject of discussion arose incidentally during the conferences. The lord Inchiquin had abandoned the cause of the parliament in Ireland, and, at his request, Ormond had been sent from Paris by the queen and the prince, to resume the government, with a commission to make peace with the Catholic party. Charles wrote to him two letters (Oct. 10, 28.--Carte, ii. App. x.x.xi. x.x.xii.), ordering him to follow the queen's instructions, to obey no commands from himself as long as he should be under restraint, and not to be startled at his concessions respecting Ireland, for they would come to nothing. Of these letters the houses were ignorant; but they got possession of one from Ormond to the Irish Catholics, and insisted that Charles should order the lord lieutenant to desist. This he eluded for some time, alleging that if the treaty took effect, their desire was already granted by his previous concessions; if it did not, no order of his would be obeyed. At last he consented, and wrote the letter required.--Journals, x. 576-578, 597, 618. Clarendon Papers, ii.

441, 445, 452.]

[Sidenote a: A.D. 1648. Nov. 5.]

[Sidenote b: A.D. 1648. Sept. 11.]

or compulsion; that the proceedings in law should be shortened, and the charges ascertained; that t.i.thes for the support of the clergy, and perpetual imprisonment for debt, should be abolished; and that the parliament "should lay to heart the blood spilt, and the rapine perpetrated by commission from the king, and consider whether the justice of G.o.d could be satisfied, or his wrath be appeased, by an act of oblivion." This instrument is the more deserving of attention, because it points out the political views which actuated the leaders of the party.[1]

In the army, flushed as it was with victory, and longing for revenge, maxims began to prevail of the most dangerous tendency in respect of the royal captive. The politicians maintained that no treaty could be safely made with the king, because if he were under restraint, he could not be bound by his consent; if he were restored to liberty, he could not be expected to make any concessions. The fanatics went still further. They had read in the book of Numbers that "blood defileth the land, and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it;" and hence they inferred that it was a duty, imposed on them by the G.o.d who had given them the victory, to call the king to a strict account for all the blood which had been shed during the civil war. Among these, one of the most eminent was Colonel Ludlow, a member of parliament, who, having persuaded himself that the anger of G.o.d could be appeased only by the death of Charles, laboured, though in vain, to make Fairfax a convert to his opinion. He proved more successful with Ireton, whose regiment pet.i.tioned[a] the commander-in-chief,

[Footnote 1: Whitelock, 335.]

[Sidenote a: A.D. 1648. Oct. 18.]

that crime might be impartially punished without any distinction of high or low, rich or poor; that all who had contrived or abetted the late war might receive their just deserts; and that whosoever should speak or act in favour of Charles, before that prince had been acquitted of shedding innocent blood, should incur the penalties of treason. The immediate object of this paper was to try the general disposition of the army. Though it did not openly express, it evidently contemplated the future trial of the king, and was followed by another pet.i.tion[a] from the regiment of Colonel Ingoldsby, which, in plainer and bolder terms, demanded that the monarch and his adherents should be brought to justice; condemned the treaty between him and the parliament as dangerous and unjust; and required the appointment of a council of war to discover an adequate remedy for the national evils. Fairfax had not the courage to oppose what, in his own judgment, he disapproved; the pet.i.tions were laid before an a.s.sembly of officers; and the result of their deliberation was a remonstrance[b] of enormous length, which, in a tone of menace and asperity, proclaimed the whole plan of the reformers. It required that "the capital and grand author of all the troubles and woes which the kingdom had endured, should be speedily brought to justice for the treason, blood, and mischief of which he had been guilty;" that a period should be fixed for the dissolution of the parliament; that a more equal representation of the people should be devised; that the representative body should possess the supreme power, and elect every future king; and that the prince so elected should be bound to disclaim all pretentions to a negative voice in the pa.s.sing of laws, and to subscribe to that form of government which he

[Sidenote a: A.D. 1648. Oct. 30.]

[Sidenote b: A.D. 1648. Nov. 16.]

should find established by the present parliament. This remonstrance was addressed to the lower house alone, for the reformers declared themselves[a] unable to understand on what ground the lords could claim co-equal power with the representatives of the people, in whom alone the sovereignty resided.[1] It provoked a long and animated debate; but the Presbyterians met its advocates without fear, and silenced them[b] by an overwhelming majority. They felt that they were supported by the general wish of the nation, and trusted that if peace were once established by agreement with the king, the officers would act dare to urge their pretensions. With this view they appointed a distant day for the consideration of the remonstrance, and instructed the commissioners at Newport to hasten the treaty to a speedy conclusion.[2]

The king now found himself driven to the last extremity. The threats of the army resounded in his ears; his friends conjured him to recede from his former answers; and the commissioners declared their conviction, that without full satisfaction, the two houses could not save him from the vengeance of his enemies. To add to his alarm, Hammond, the governor of the island, had received a message from Fairfax to repair without delay to the head-quarters at Windsor. This was followed by the arrival[c] of Colonel Eure, with orders to seize the king, and confine[d] him again in Carisbrook Castle, or, if he met with opposition, "to act as G.o.d should direct him."

Hammond replied with firmness, that in military matters he would obey his general; but as to the royal person, he had received

[Footnote 1: Whitelock, 343, 346, 355. Rushworth, vii. 1298, 1311, 1331.]

[Footnote 2: Journals of Commons, Nov. 20, 24, 30. There were two divisions relating to this question; in the first the majority was 94 to 60, in the second 125 to 58.]

[Sidenote a: A.D. 1648. Nov. 18.]

[Sidenote b: A.D. 1648. Nov. 20.]

[Sidenote c: A.D. 1648. Nov. 25.]

[Sidenote d: A.D. 1648. Nov. 26.]

the charge from the parliament, and would not suffer the interference of any other authority. Eure departed; but Charles could no longer conceal from himself the danger which stared him in the face; his constancy or obstinacy relented; and he agreed,[a] after a most painful struggle, and when the time was run to the last minute, to remit the compositions of his followers to the mercy of parliament; to consent to the trial of the seven individuals excepted from pardon, provided they were allowed the benefit of the ancient laws; and to suspend the functions and vest in the crown the lands of the bishops, till religion should be settled, and the support of its ministers determined by common consent of the king and the two houses.

By this last expedient it was hoped that both parties would be satisfied; the monarch, because the order was not abolished, nor its lands alienated _for ever_; the parliament, because neither one nor the other could be restored without its previous consent.[1]

[Footnote 1: Clarendon Papers, 449-454. Journals, x. 620-622. The royalists excepted from mercy were the marquess of Newcastle, Sir Marmaduke Langdale, Lord Digby, Sir Richard Grenville, Mr. Justice Jenkins, Sir Francis Dorrington, and Lord Byron. It appears to me difficult to read the letters written by Charles during the treaty to his son the prince of Wales (Clarendon Papers, ii. 425-454), and yet believe that he acted with insincerity. But how then, asks Mr. Laing (Hist. of Scotland, iii. 411), are we to account for his a.s.sertion to Ormond, that the treaty would come to nothing, and for his anxiety to escape manifested by his correspondence with Hopkins?--Wagstaff's Vindication of the Royal Martyr, 142-161. 1.

Charles knew that, besides the parliament, there was the army, which had both the will and the power to set aside any agreement which might be made between him and the parliament; and hence arose his conviction that "the treaty would come to nothing." 2. He was acquainted with all that pa.s.sed in the private councils of his enemies; with their design to bring him to trial and to the scaffold; and he had also received a letter, informing him of an intention to a.s.sa.s.sinate him during the treaty.--Herbert, 134. Can we be surprised, if, under such circ.u.mstances, he sought to escape? Nor was his parole an objection. He conceived himself released from it by misconduct on the part of Hammond, who, at last, aware of that persuasion, prevailed on him, though with considerable difficulty, to renew his pledge.--Journals, x. 598. After this renewal he refused to escape even when every facility was offered him.--Rushworth, vii. 1344.]

[Sidenote a: A.D. 1648. Nov. 27.]

In the morning, when the commissioners took their leave,[a] Charles addressed them with a sadness of countenance and in a tone of voice which drew tears from all his attendants. "My lords," said he, "I believe we shall scarce ever see each other again. But G.o.d's will be done! I have made my peace with him, and shall undergo without fear whatever he may suffer men to do to me. My lords, you cannot but know that in my fall and ruin you see your own, and that also near you. I pray G.o.d send you better friends than I have found. I am fully informed of the carriage of them who plot against me and mine; but nothing affects me so much as the feeling I have of the sufferings of my subjects, and the mischief that hangs over my three kingdoms, drawn upon them by those who, upon pretences of good, violently pursue their own interests and ends." Hammond departed at the same time with the commissioners, and the command at Carisbrook devolved on Boreman, an officer of the militia, at Newport on Rolfe, a major in the army. To both he gave a copy of his instructions from the parliament for the safety of the royal person; but the character of Rolfe was known; he had been charged with a design to take the king's life six months before, and had escaped a trial by the indulgence of the grand jury, who ignored the bill, because the main fact was attested by the oath of only one witness.[2]

The next morning[b] a person in disguise ordered one

[Footnote 1: Appendix to Eveyln's Memoirs, ii. 128.]

[Footnote 2: Journals, x. 615, 345, 349, 358, 370, 390. Clarendon, iii.

234.]

[Sidenote a: A.D. 1648. Nov. 28.]

[Sidenote b: A.D. 1648. Nov. 29.]

of the royal attendants to inform the king that a military force was on its way to make him prisoner. Charles immediately consulted the duke of Richmond, the earl of Lindsey, and Colonel c.o.ke, who joined in conjuring him to save his life by an immediate escape. The night was dark and stormy; they were acquainted with the watchword; and c.o.ke offered him horses and a boat. But the king objected, that he was bound in honour to remain twenty days after the treaty, nor would he admit of the distinction which they suggested, that his parole was given not to the army, but to the parliament. It was in vain that they argued and entreated: Charles, with his characteristic obstinacy,[a] retired to rest about midnight; and in a short time Lieutenant-Colonel Cobbett arrived with a troop of horse and a company of foot. Boreman refused to admit him into Carisbrook. But Rolfe offered him aid at Newport; at five the king was awakened by a message that he must prepare to depart; and about noon he was safely lodged in Hurst Castle, situate on a solitary rock, and connected by a narrow causeway, two miles in length, with the opposite coast of Hampshire.[1]

The same day the council of officers published a menacing declaration against the House of Commons. It charged the majority with apostasy from their former principles, and appealed from their authority to "the extraordinary judgment of G.o.d and of all good people;" called on the faithful members to protest against the past conduct of their colleagues, and to place themselves under the protection of the army; and a.s.serted that since G.o.d had given to the officers the power, he had also made it their duty, to

[Footnote 1: Rushworth, vii. 1344-1348, 1351. Herbert, 113, 124.]

[Sidenote a: A.D. 1648. Nov. 30.]

provide for the settlement of the kingdom and the punishment of the guilty.[a] In the pursuit of these objects, Fairfax marched several regiments to London, and quartered them at Whitehall, York House, the Mews, and in the skirts of the city.[1]

The reader will recollect the pusillanimous conduct of the Presbyterian members on the approach of the army in the year 1646.[b] On the present occasion they resolved to redeem their character. They betrayed no symptom of fear, no disposition to retire, or to submit. Amidst the din of arms and the menaces of the soldiers, they daily attended their duty in parliament, declared that the seizure of the royal person had been, made without their knowledge or consent, and proceeded to consider the tendency of the concessions made by Charles in the treaty of Newport. This produced the longest and most animated debate hitherto known in the history of parliament. Vane drew a most unfavourable portrait of the king, and represented all his promises and professions as hollow and insincere; Fiennes became for the first time the royal apologist, and refuted the charges brought by his fellow commissioner; and Prynne, the celebrated adversary of Laud, seemed to forget his antipathy to the court, that he might lash the presumption and perfidy of the army. The debate continued by successive adjournments three days and a whole night; and on the last division in the morning a resolution was carried by a majority of thirty-six, that the offers of the sovereign furnished a sufficient ground for the future settlement of the kingdom.[2][c]

[Footnote 1: Rushworth, vii. 1341, 1350. Whitelock, 358.]

[Footnote 2: Journals, Dec. 1, 2, 3, 5. Clarendon Papers, ii. App, xlviii.

Cobbett, Parl. Hist. 1152. In some of the previous divisions, the house consisted of two hundred and forty members; but several seem to have retired during the night; at the conclusion there were only two hundred and twelve.]