Charles I
Hampden's trial.
It resulted as Hampden had foreseen. The trial attracted universal attention. It was a great spectacle to see a man of fortune and of high standing, making all those preparations, and incurring so great expense, on account of a refusal to pay five dollars, knowing too, that he would have to pay it in the end. The people of the realm were convinced that Hampden was right, and they applauded and honored him very greatly for his spirit and courage. The trial lasted twelve days. The illegality and injustice of the tax were fully exposed. The people concurred entirely with Hampden, and even some of the judges were convinced. He was called the patriot Hampden, and his name will always be celebrated in English history. The whole discussion, however, though it produced a great effect at the time, would be of no interest now, since it turned mainly on the question what the king's rights actually were, according to the ancient customs and usages of the realm. The question before mankind now is a very different one; it is not what the powers and prerogatives of government have been in times past, but what they ought to be now and in time to come.
He is compelled to pay.
A fleet raised.
Its exploits among the herring-busses.
The king's government gained the victory, ostensibly, in this contest, and Hampden had to pay the money. Very large sums were collected, also, from others by this tax, and a great fleet was raised. The performances and exploits of the fleet had some influence in quieting the murmurs of the people. The fleet was the greatest which England had ever possessed. One of its exploits was to compel the Dutch to pay a large sum for the privilege of fishing in the narrow seas about Great Britain. The Dutch had always maintained that these seas were public, and open to all the world; and they had a vast number of fishing boats, called herring-busses, that used to resort to them for the purpose of catching herring, which they made a business of preserving and sending all over the world. The English ships attacked these fleets of herring-busses, and drove them off; and as the Dutch were not strong enough to defend them, they agreed to pay a large sum annually for the right to fish in the seas in question, protesting, however, against it as an extortion, for they maintained that the English had no control over any seas beyond the bays and estuaries of their own shores.
Court of the Star Chamber.
One of the chief means which Charles depended upon during the long period that he governed without a Parliament, was a certain famous tribunal or court called the Star Chamber. This court was a very ancient one, having been established in some of the earliest reigns; but it never attracted any special attention until the time of Charles. His government called it into action a great deal, and extended its powers, and made it a means of great injustice and oppression, as the people thought; or, as Charles would have said, a very efficient means of vindicating his prerogative, and punishing the stubborn and rebellious.
Its constitution.
There were three reasons why this court was a more convenient and powerful instrument in the hands of the king and his council than any of the other courts in the kingdom. First, it was, by its ancient constitution, composed of members of the council, with the exception of two persons, who were to be judges in the other courts. This plan of having two judges from the common law courts seems to have been adopted for the purpose of securing some sort of conformity of the Star Chamber decisions with the ordinary principles of English jurisprudence. But then, as these two law judges would always be selected with reference to their disposition to carry out the king's plans, and as the other members of the court were all members of the government itself, of course the court was almost entirely under governmental control.
Trial by jury.
No jury in the Star Chamber.
The second reason was, that in this court there was no jury. There had never been juries employed in it from its earliest constitution. The English had contrived the plan of trial by jury as a defense against the severity of government. If a man was accused of crime, the judges appointed by the government that he had offended were not to be allowed to decide whether he was guilty or not. They would be likely not to be impartial. The question of his guilt or innocence was to be left to twelve men, taken at hazard from the ordinary walks of life, and who, consequently, would be likely to sympathize with the accused, if they saw any disposition to oppress him, rather than to join against him with a tyrannical government. Thus the jury, as they said, was a great safeguard. The English have always attached great value to their system of trial by jury. The plan is retained in this country, though there is less necessity for it under our institutions. Now, in the Star Chamber, it had never been the custom to employ a jury. The members of the court decided the whole question; and as they were entirely in the interest of the government, the government, of course, had the fate of every person accused under their direct control.
Crimes tried by the Star Chamber.
The third reason consisted in the nature of the crimes which it had always been customary to try in this court. It had jurisdiction in a great variety of cases in which men were brought into collision with the government, such as charges of riot, sedition, libel, opposition to the edicts of the council, and to proclamations of the king. These and similar cases had always been tried by the Star Chamber, and these were exactly the cases which ought not to be tried by such a court; for persons accused of hostility to government ought not to be tried by government itself.
Origin of the term.
There has been a great deal of discussion about the origin of the term Star Chamber. The hall where the court was held was in a palace at Westminster, and there were a great many windows in it. Some think that it was from this that the court received its name. Others suppose it was because the court had cognizance of a certain crime, the Latin name of which has a close affinity with the word star. Another reason is, that certain documents, called starra, used to be kept in the hall. The prettiest idea is a sort of tradition that the ceiling of the hall was formerly ornamented with stars, and that this circumstance gave name to the hall. This supposition, however, unfortunately, has no better foundation than the others; for there were no stars on the ceiling in Charles's time, and there had not been any for a hundred years; nor is there any positive evidence that there ever were. However, in the absence of any real reason for preferring one of these ideas over the other, mankind seem to have wisely determined on choosing the most picturesque, so that it is generally agreed that the origin of the name was the ancient decoration of the ceiling of the hall with gilded stars.
Immense power of the Court of Star Chamber.
Oppressive fines.
However this may be, the court of the Star Chamber was an engine of prodigious power in the hands of Charles's government. It aided them in two ways. They could punish their enemies, and where these enemies were wealthy, they could fill up the treasury of the government by imposing enormous fines upon them. Sometimes the offenses for which these fines were imposed were not of a nature to deserve such severe penalties. For instance, there was a law against turning tillage land into pasturage. Land that is tilled supports men. Land that is pastured supports cattle and sheep. The former were a burden, sometimes, to landlords, the latter a means of wealth. Hence there was then, as there is now, a tendency in England, in certain parts of the country, for the landed proprietors to change their tillage land to pasture, and thus drive the peasants away from their homes. There were laws against this, but a great many persons had done it notwithstanding. One of these persons was fined four thousand pounds; an enormous sum. The rest were alarmed, and made compositions, as they were called; that is, they paid at once a certain sum on condition of not being prosecuted. Thirty thousand pounds were collected in this way, which was then a very large amount.
King's forests.
There were in those days, as there are now, certain tracts of land in England called the king's forests, though a large portion of them are now without trees. The boundaries of these lands had not been very well defined, but the government now published decrees specifying the boundaries, and extending them so far as to include, in many cases, the buildings and improvements of other proprietors. They then prosecuted these proprietors for having encroached, as they called it, upon the crown lands, and the Star Chamber assessed very heavy fines upon them. The people said all this was done merely to get pretexts to extort money from the nation, to make up for the want of a Parliament to assess regular taxes; but the government said it was a just and legal mode of protecting the ancient and legitimate rights of the king.
Offenses against the king and his lords.
In these and similar modes, large sums of money were collected as fines and penalties for offenses more or less real. In other cases very severe punishments were inflicted for various sorts of offenses committed against the personal dignity of the king, or the great lords of his government. It was considered highly important to repress all appearance of disrespect or hostility to the king. One man got into some contention with one of the king's officers, and finally struck him. He was fined ten thousand pounds. Another man said that a certain archbishop had incurred the king's displeasure by desiring some toleration for the Catholics. This was considered a slander against the archbishop, and the offender was sentenced to be fined a thousand pounds, to be whipped, imprisoned, and to stand in the pillory at Westminster, and at three other places in various parts of the kingdom.
A gentleman fined for resenting an insult.
A gentleman was following a chase as a spectator, the hounds belonging to a nobleman. The huntsman, who had charge of the hounds, ordered him to keep back, and not come so near the hounds; and in giving him this order, spoke, as the gentleman alleged, so insolently, that he struck him with his riding-whip. The huntsman threatened to complain to his master, the nobleman. The gentleman said that if his master should justify him in such insulting language as he had used, he would serve him in the same manner. The Star Chamber fined him ten thousand pounds for speaking so disrespectfully of a lord.
Murmurs silenced.
By these and similar proceedings, large sums of money were collected by the Star Chamber for the king's treasury, and all expression of discontent and dissatisfaction on the part of the people was suppressed. This last policy, however, the suppression of expressions of dissatisfaction, is always a very dangerous one for any government to undertake. Discontent, silenced by force, is exasperated and extended. The outward signs of its existence disappear, but its inward workings become wide-spread and dangerous, just in proportion to the weight by which the safety-valve is kept down. Charles and his court of the Star Chamber rejoiced in the power and efficacy of their tremendous tribunal. They issued proclamations and decrees, and governed the country by means of them. They silenced all murmurs. But they were, all the time, disseminating through the whole length and breadth of the land a deep and inveterate enmity to royalty, which ended in a revolution of the government, and the decapitation of the king. They stopped the hissing of the steam for the time, but caused an explosion in the end.
The kingdom of Scotland.
Charles was King of Scotland as well as of England. The two countries were, however, as countries, distinct, each having its own laws, its own administration, and its own separate dominions. The sovereign, however, was the same. A king could inherit two kingdoms, just as a man can, in this country, inherit two farms, which may, nevertheless, be at a distance from each other, and managed separately. Now, although Charles had, from the death of his father, exercised sovereignty over the realm of Scotland, he had not been crowned, nor had even visited Scotland. The people of Scotland felt somewhat neglected. They murmured that their common monarch gave all his attention to the sister and rival kingdom. They said that if the king did not consider the Scottish crown worth coming after, they might, perhaps, look out for some other way of disposing of it.
The king visits Scotland.
He is crowned there.
The king returns to London.
The king, accordingly, in 1633, began to make preparations for a royal progress into Scotland. He first issued a proclamation requiring a proper supply of provisions to be collected at the several points of his proposed route, and specified the route, and the length of stay which he should make in each place. He set out on the 13th of May with a splendid retinue. He stopped at the seats of several of the nobility on the way, to enjoy the hospitalities and entertainments which they had prepared for him. He proceeded so slowly that it was a month before he reached the frontier. Here all his English servants and retinue retired from their posts, and their places were supplied by Scotchmen who had been previously appointed, and who were awaiting his arrival. He entered Edinburgh with great pomp and parade, all Scotland flocking to the capital to witness the festivities. The coronation took place three days afterward. He met the Scotch Parliament, and, for form's sake, took a part in the proceedings, so as actually to exercise his royal authority as King of Scotland. This being over, he was conducted in great state back to Berwick, which is on the frontier, and thence he returned by rapid journeys to London.
Increasing discontent.
The king dissolved his last Parliament in 1629. He had now been endeavoring for four or five years to govern alone. He succeeded tolerably well, so far as external appearances indicated, up to this time. There was, however, beneath the surface, a deep-seated discontent, which was constantly widening and extending, and, soon after the return of the king from Scotland, real difficulties gradually arose, by which he was, in the end, compelled to call a Parliament again. What these difficulties were will be explained in the subsequent chapters.
Chapter VI.
Archbishop Laud
1633-1639Archbishop Laud.
In getting so deeply involved in difficulties with his people, King Charles did not act alone. He had, as we have already explained, a great deal of help. There were many men of intelligence and rank who entertained the same opinions that he did, or who were, at least, willing to adopt them for the sake of office and power. These men he drew around him. He gave them office and power, and they joined him in the efforts he made to defend and enlarge the royal prerogative, and to carry on the government by the exercise of it. One of the most prominent and distinguished of these men was Laud.
The Church.
System of the English Church.
The Archbishop of Canterbury.
The reader must understand that the Church, in England, is very different from any thing that exists under the same name in this country. Its bishops and clergy are supported by revenues derived from a vast amount of property which belongs to the Church itself. This property is entirely independent of all control by the people of the parishes. The clergyman, as soon as he is appointed, comes into possession of it in his own right; and he is not appointed by the people, but by some nobleman or high officer of state, who has inherited the right to appoint the clergyman of that particular parish. There are bishops, also, who have very large revenues, likewise independent; and over these bishops is one great dignitary, who presides in lofty state over the whole system. This officer is called the Archbishop of Canterbury. There is one other archbishop, called the Archbishop of York; but his realm is much more limited and less important. The Archbishop of Canterbury is styled the Lord Primate of all England. His rank is above that of all the peers of the realm. He crowns the kings. He has two magnificent palaces, one at Canterbury and one at London, and has very large revenues, also, to enable him to maintain a style of living in accordance with his rank. He has the superintendence of all the affairs of the Church for the whole realm, except a small portion pertaining to the archbishopric of York. His palace in London is on the bank of the Thames, opposite Westminster. It is called Lambeth Palace.
Canterbury.
The Cathedral.
Officers.
The city of Canterbury, which is the chief seat of his dominion, is southeast of London, not very far from the sea. The Cathedral is there, which is the archbishop's church. It is more than five hundred feet in length, and the tower is nearly two hundred and fifty feet high. The magnificence of the architecture and the decorations of the building correspond with its size. There is a large company of clergymen and other officers attached to the service of the Cathedral. They are more than a hundred in number. The palace of the archbishop is near.
The Church was thus, in the days of Charles, a complete realm of itself, with its own property, its own laws, its own legislature, and courts, and judges, its own capital, and its own monarch. It was entirely independent of the mass of the people in all these respects, as all these things were wholly controlled by the bishops and clergy, and the clergy were generally appointed by the noblemen, and the bishops by the king. This made the system almost entirely independent of the community at large; and as there was organized under it a vast amount of wealth, and influence, and power, the Archbishop of Canterbury, who presided over the whole, was as great in authority as he was in rank and honor. Now Laud was Archbishop of Canterbury.
Laud made archbishop.
King Charles had made him so. He had observed that Laud, who had been advanced to some high stations in the Church by his father, King James, was desirous to enlarge and strengthen the powers and prerogatives of the Church, just as he himself was endeavoring to do in respect to those of the throne. He accordingly promoted him from one post of influence and honor to another, until he made him at last Archbishop of Canterbury. Thus he was placed upon the summit of ecclesiastical grandeur and power.
His business capacity.
Laud's character.
He commenced his work, however, of strengthening and aggrandizing the Church, before he was appointed to this high office. He was Bishop of London for many years, which is a post, in some respects, second only to that of Archbishop of Canterbury. While in this station, he was appointed by the king to many high civil offices. He had great capacity for the transaction of business, and for the fulfillment of high trusts, whether of Church or state. He was a man of great integrity and moral worth. He was stern and severe in manners but learned and accomplished. His whole soul was bent on what he undoubtedly considered the great duty of his life, supporting and confirming the authority of the king and the power and influence of English Episcopacy. Notwithstanding his high qualifications, however, many persons were jealous of the influence which he possessed with the king, and murmured against the appointment of a churchman to such high offices of state.
Episcopacy in England and the United States.
There was another source of hostility to Laud. There was a large part of the people of England who were against the Church of England altogether. They did not like a system in which all power and influence came, as it were, from above downward. The king made the noblemen, the noblemen made the bishops, the bishops made the clergy, and the clergy ruled their flocks; the flocks themselves having nothing to say or do but to submit. It is very different with Episcopacy in this country. The people here choose the clergy, and the clergy choose the bishops, so that power in the Church, as in every thing else here, goes from below upward. The two systems, when at rest, look very similar in the two countries; but when in action, the current of life flows in contrary directions, making the two diametrically opposite to each other in spirit and power. In England, Episcopacy is an engine by which the people are ecclesiastically governed. Here, it is the machinery by which they govern. Thus, though the forms appear similar, the action is very diverse.
Opposition to the Established Church.
The Puritans.
Now in England there was a large and increasing party that hated and opposed the whole Episcopal system. Laud, to counteract this tendency, attempted to define, and enlarge, and extend that system as far as possible. He made the most of all the ceremonies of worship, and introduced others, which were, indeed, not exactly new, but rather ancient ones revived. He did this conscientiously, no doubt, thinking that these forms of devotion were adapted to impress the soul of the worshiper, and lead him to feel, in his heart, the reverence which his outward action expressed. Many of the people, however, bitterly opposed these things. They considered it a return to popery. The more that Laud, and those who acted with him, attempted to magnify the rites and the powers of the Church, the more these persons began to abhor every thing of the kind. They wanted Christianity itself, in its purity, uncontaminated, as they said, by these popish and idolatrous forms. They were called Puritans.
Disputes about the services of the Church.
There were a great many things which seem to us at the present day of very little consequence, which were then the subjects of endless disputes and of the most bitter animosity. For instance, one point was whether the place where the communion was to be administered should be called the communion table or the altar; and in what part of the church it should stand; and whether the person officiating should be called a priest or a clergyman; and whether he should wear one kind of dress or another. Great importance was attached to these things; but it was not on their own account, but on account of their bearing on the question whether the Lord's Supper was to be considered only a ceremony commemorative of Christ's death, or whether it was, whenever celebrated by a regularly authorized priest, a real renewal of the sacrifice of Christ, as the Catholics maintained. Calling the communion table an altar, and the officiating minister a priest, and clothing him in a sacerdotal garb, countenanced the idea of a renewal of the sacrifice of Christ. Laud and his co-adjutors urged the adoption of all these and similar usages. The Puritans detested them, because they detested and abhorred the doctrine which they seemed to imply.
Controversy about amusements on Sunday.
Another great topic of controversy was the subject of amusements. It is a very singular circumstance, that in those branches of the Christian Church where rites and forms are most insisted upon, the greatest latitude is allowed in respect to the gayeties and amusements of social life. Catholic Paris is filled with theaters and dancing, and the Sabbath is a holiday. In London, on the other hand, the number of theaters is small, dancing is considered as an amusement of a more or less equivocal character, and the Sabbath is rigidly observed; and among all the simple Democratic churches of New England, to dance or to attend the theater is considered almost morally wrong. It was just so in the days of Laud. He wished to encourage amusements among the people, particularly on Sunday, after church. This was partly for the purpose of counteracting the efforts of those who were inclined to Puritan views. They attached great importance to their sermons and lectures, for in them they could address and influence the people. But by means of these addresses, as Laud thought, they put ideas of insubordination into the minds of the people, and encroached on the authority of the Church and of the king. To prevent this, the High-Church party wished to exalt the prayers in the Church service, and to give as little place and influence as possible to the sermon, and to draw off the attention of the people from the discussions and exhortations of the preachers by encouraging games, dances, and amusements of all kinds.
