When this parliament began the eyes of all men were fixed upon him, as their patriae pater, and the pilot that must steer the vessel through the tempests and rocks which threatened it. I am persuaded his power and interest at that time were greater to do good or hurt than any man’s in the kingdom, or than any man of his rank hath had in any time; for his reputation of honesty was universal, and his affections seemed so publicly guided, that no corrupt or private ends could bias them.
Baxter, it may be recalled, had written in the Saints’ Rest that one of the pleasures which he hoped to enjoy in heaven was the society of John Hampden. The name of Hampden was blotted out in the copies published after the Restoration. “But,” wrote Baxter, “I must tell the reader that I did blot it out, not as changing my opinion of the person.”
The work of Pym and Hampden is conspicuous at the beginning of the Long Parliament. The Star Chamber and High Commission Courts are abolished. Ship-money and all enforced taxation unauthorised by parliament are declared illegal. Oliver Cromwell’s motion for annual parliaments is amended into an act for triennial parliaments to be called with or without royal summons. Strafford—the only strong minister Charles had—perished on Tower Hill in May, both Pym and Hampden supporting impeachment instead of attainder, and voting for the fallen minister to be allowed the use of counsel at his trial. That Strafford was a criminal and a traitor ready to use his Irish army for the suppression of the English parliament Pym had no doubt.
Still Charles would not admit the position lost, and still struggled to govern, not through parliament, but by personal rule. The death of Strafford, though approved by all supporters of the House of Commons, rallied the king’s friends. The House of Lords was no longer quite at one with the Commons in the contest. In the House of Commons a royalist party emerges to oppose Pym, and the beginning of party government is seen. Overtures are made by Pym to the queen—to be disregarded, of course; though the tide is setting towards revolution, yet Pym and Hampden are far from revolutionaries. They are willing to end the political power of the bishops by turning them out of the House of Lords, but have only moderate sympathy with the root-and-branch Puritans who would abolish episcopacy.
In the Grand Remonstrance which Pym laid before the House of Commons in November, 1641, the case for the Parliament was stated with frankness, but the demands were not revolutionary. The main points were securities for the administration of justice, and insistence on the responsibility of the king’s ministers to parliament. The royalists fought the Remonstrance vigorously, and in the end it was only carried by a majority of eleven, 159 to 148. At the end of the debate the excitement was intense: “some waved their hats over their heads, and others took their swords in their scabbards out of their belts, and held them by the pummels in their hands, setting the lower part on the ground.” Violence seemed inevitable, “had not the sagacity and great calmness of Mr. Hampden, by a short speech, prevented it.”
On the 1st of December the Remonstrance, with a petition for the removal of grievances, especially in matters of religion, was presented to the king at Hampton Court. “Charles had now a last chance of regaining the affection of his people. If he could have resolved to give his confidence to the leaders of the moderate party in the House of Commons, and to regulate his proceedings by their advice, he might have been, not, indeed, as he had been, a despot, but the powerful and respected king of a free people. The nation might have enjoyed liberty and repose under a government with Falkland at its head, checked by a constitutional opposition under the conduct of Hampden. It was not necessary that, in order to accomplish this happy end, the king should sacrifice any part of his lawful prerogative, or submit to any conditions inconsistent with his dignity.” So Macaulay wrote. But the days of “governments” and “constitutional oppositions” were far off in 1641, and only the germ of party government is seen in the division of the House of Commons. To “submit to any conditions” from parliament was inconsistent with the king’s notions of royal dignity, fostered by Laud to reject all criticisms as denials of the absolutism of the crown.
Charles promised an answer to the deputation which waited on him, and the answer was seen on January 3, 1642, when the king’s attorney appeared at the bar of the Lords, impeached Pym, Hampden, Holles, Strode, and Hazlerig of high treason, in having corresponded with the Scots for the invasion of England, and demanded the surrender of the five members. “All constitutional law was set aside by a charge which proceeded personally from the king, which deprived the accused of their legal right to a trial by their peers, and summoned them before a tribunal which had no pretence to a jurisdiction over them.”
The House of Commons simply declined to surrender their members, but promised to take the matter into consideration.
Then Charles, with some three hundred cavaliers, went to Westminster, and entered the House of Commons to demand the accused. But the five members, warned of his coming, were out of the way and safe within the city of London. “It was believed that if the king had found them there, and called in his guards to have seized them, the members of the House would have endeavoured the defence of them, which might have proved a very unhappy and sad business.” As it was, the king could only retire discomfited, with some words about respecting the laws of the realm and the privileges of parliament, and “in a more discontented and angry passion than he came in.”
The invasion of the Commons was the worst move Charles could have made, for parliament was in no temper favourable to royal encroachments, and it had a large population at hand ready to give substantial support. The city of London at once declared for the House of Commons, ignored the king’s writs for the arrest of the five members, and answered the royal proclamation declaring them “traitors” by calling out the trained bands for the escort of the members back to Westminster, and for the protection of the House of Commons.