Part 9

Now, therefore, upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said Parliament and people, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general course of his government, counsels, and practices, before and since this Parliament began (which have been and are notorious and public, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their judgments and consciences, that he has been and is guilty of the wicked design and endeavours in the said charge set forth; and that the said war hath been levied, maintained, and continued by him as aforesaid, in prosecution, and for accomplishment of the said designs; and that he hath been and is the occasioner, author and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason, and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby. For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by the severing of his head from his body.

CHARLES I.'S CHARACTER (1649).

=Source.=--Clarendon, _History of the Rebellion._ Book XI., §§ 239-243.

To speak first of his private qualifications as a man, before the mention of his princely and royal virtues: he was, if ever any, the most worthy of the title of an honest man; so great a love of justice, that no temptation could dispose him to a wrongful action, except it was so disguised to him that he believed it to be just. He had a tenderness and compassion of nature, which restrained him from ever doing a hard-hearted thing; and therefore he was so apt to grant pardons to malefactors, that the judges of the land represented the damage and insecurity to the public, that flowed from such his indulgence. And then he restrained himself from pardoning either murders or highway robberies, and quickly discerned the fruits of his severity by a wonderful reformation of those enormities. He was very punctual and regular in his devotions; he was never known to enter upon his recreations or sports, though never so early in the morning, before he had been at public prayers, so that on hunting days his chaplains were bound to a very early attendance. He was likewise very strict in observing the hours of his private cabinet devotions, and was so severe an exactor of gravity and reverence in all mention of religion, that he could never endure any light or profane word in religion, with what sharpness of wit soever it was covered; and though he was well pleased and delighted with reading verses made upon any occasion, no man durst bring before him anything that was profane or unclean. That kind of wit had never any countenance then. He was so great an example of conjugal affection, that they that did not imitate him in that particular did not brag of their liberty: and he did not only permit, but direct his bishops to prosecute those scandalous vices, in the ecclesiastical courts, against persons of eminence and near relation to his service.

His kingly virtues had some mixture and alloy, that hindered them from shining in full lustre, and from producing those fruits they should have been attended with. He was not in his nature very bountiful, though he gave very much. This appeared more after the Duke of Buckingham's death, after which those showers fell very rarely: and he paused too long in giving, which made those to whom he gave less sensible of the benefit. He kept State to the full, which made his Court very orderly; no man presuming to be seen in a place where he had no pretence to be. He saw and observed men long before he received any about his person; and did not love strangers, nor very confident men. He was a patient hearer of causes, which he frequently accustomed himself to at the council board, and judged very well, and was dextrous in the mediating part: so that he often put an end to causes by persuasion, which the stubbornness of men's humours made dilatory in courts of justice.

He was very fearless in his person, but not very enterprising. He had an excellent understanding, but was not confident enough of it; which made him oftentimes change his opinion for a worse, and follow the advice of men that did not judge so well as himself. This made him more irresolute than the conjuncture of his affairs would admit: if he had been of a rougher and more imperious nature he would have found more respect and duty. And his not applying some severe cures to approaching evils proceeded from the lenity of his nature, and the tenderness of his conscience, which, in all cases of blood, made him choose the softer way, and not hearken to severe counsels how reasonably soever urged. This only restrained him from pursuing his advantage in the first Scots expedition, when, humanly speaking, he might have reduced that nation to the most slavish obedience that could have been wished. But no man can say he had then many who advised him to it, but the contrary, by a wonderful indisposition all his council had to fighting, or any other fatigue. He was always an immoderate lover of the Scottish nation, having not only been born there, but educated by that people and besieged by them always, having few English about him till he was king; and the major number of his servants being still of that nation, who he thought could never fail him. And among these, no man had such an ascendant over him, as Duke Hamilton had.

As he excelled in all other virtues, so in temperance he was so strict, that he abhorred all debauchery to that degree, that, at a great festival solemnity, where he once was, when very many of the nobility of the English and Scots were entertained, being told by one who withdrew from thence, what vast draughts of wine they drank, and "that there was one earl who had drunk most of the rest down, and was not himself moved or altered," the King said, "that he deserved to be hanged," and that earl coming shortly after into the room where his majesty was, in some gaiety, to show how unhurt he was from that battle, the king sent one to bid him withdraw from his Majesty's presence; nor did he in some days after appear before him.

So many miraculous circumstances contributed to his ruin that men might well think that heaven and earth and the stars designed it. Though he was, from the first declension of his power, so much betrayed by his own servants, that there were very few who remained faithful to him, yet that treachery preceded not from any treasonable purpose to do him any harm, but from particular animosities against other men. And afterwards the terror all men were under of the Parliament, and the guilt they were conscious of themselves, made them watch all opportunities to make themselves gracious to those who could do them good; and so they became spies upon their master, and from one piece of knavery were hardened and confirmed to undertake another; till at last they had no hope of preservation but by the destruction of their master. And after all this, when a man might reasonably believe that less than a universal defection of three nations could not have reduced a great king to so ugly a fate, it is most certain that, in that very hour when he was thus wickedly murdered in the sight of the sun, he had as great a share in the hearts and affections of his subjects in general, was as much beloved, esteemed, and longed for by the people in general of the three nations, as any of his predecessors had ever been. To conclude, he was the worthiest gentleman, the best friend, the best husband, the best father, and the best Christian, that the age in which he lived had produced. And if he were not the best king, if he were without some parts and qualities which have made some kings great and happy, no other prince was ever so unhappy who was possessed of half his virtues and endowments, and so much without any kind of vice.

THE DIGGERS (1649).

=Source.=--Whitelocke, _Memorials_. P. 396, folio edition, 1732.

_April._--The Council of State had intelligence of new Levellers at St. _Margaret's_ Hill, near _Cobham_ in _Surrey_, and at St. _George's_ Hill, and that they digged the Ground, and sowed it with Roots and Beans; one _Everard_, once of the Army, and who terms himself a Prophet, is the chief of them; and they were about thirty Men, and said that they should be shortly four thousand.

They invited all to come in and help them, and promised them Meat, Drink, and Clothes; they threaten to pull down Park Pales, and to lay all open, and threaten the Neighbours that they will shortly make them all come up to the Hills and work.

The General sent two Troops of Horse to have account of them.

* * * * *

[A few days later (p. 397).]

Everard and Winstanley, the chief of those that digged at St. George's Hill in Surrey, came to the General and made a large Declaration to justify their Proceedings.

Everard said, he was of the Race of the Jews, that all the Liberties of the People were lost by the coming in of William the Conqueror, and that ever since, the People of God had lived under Tyranny and Oppression worse than that of our Forefathers under the Egyptians.

But now the time of the Deliverance was at hand, and God would bring his People out of this Slavery, and restore them to their Freedom in enjoying the Fruits and Benefits of the Earth.

And that there had lately appeared to him a Vision, which bad him arise and dig and plow the Earth, and receive the Fruits thereof, that their Intent is to restore the Creation to its former condition.

That as God had promised to make the barren Land fruitful, so now what they did, was to renew the ancient Community of enjoying the Fruits of the Earth, and to distribute the Benefit thereof to the poor and needy, and to feed the hungry and clothe the naked.

That they intend not to meddle with any Man's Property, nor to break down any Pales or Inclosures; but only to meddle with what was common and untilled, and to make it fruitful for the use of Man; that the time will suddenly be, that all Men shall willingly come in, and give up their Lands and Estates, and submit to this Community.

And for those that will come in and work, they should have Meat, Drink, and Clothes, which is all that is necessary to the Life of Man, and that for Money there was not any need of it, nor of Clothes more than to cover Nakedness.

That they will not defend themselves by Arms, but will submit unto Authority, and wait till the promised Opportunity be offered, which they conceive to be at hand. And that as their Forefathers lived in Tents, so it would be suitable to their Condition now to live in the same, with more to the like Effect.

While they were before the General they stood with their Hats on, and being demanded the Reason thereof, they said, because he was but their fellow Creature; being asked the meaning of that Place, Give honour to whom honour is due, they said, their Mouths should be stopped that gave them that Offence.

I have set down this the more largely, because it was the beginning of the Appearance of this Opinion; and that we might the better understand and avoid these weak Persuasions.

THE STORMING OF DROGHEDA (OR TREDAH) (1649).

=Source.=--Carlyle, _Letter IV.: To the Speaker_, September 17, 1649.

... Upon Tuesday the 10th of this instant, about five o'clock in the evening, we began the storm; and after some hot dispute we entered, about seven or eight hundred men; the enemy disputing it very stiffly with us. And indeed, through the advantages of the place, and the courage God was pleased to give the defenders, our men were forced to retreat quite out of the breach, not without some considerable loss; Colonel Castle being there shot in the head, whereof he presently died; and divers other officers and men doing their duty killed and wounded. There was a "Tenalia"[2] to flank the south wall of the Town, between Duleek Gate and the corner Tower before mentioned;--which our men entered, wherein they found some forty or fifty of the Enemy, which they put to the sword. And this they held: but it being without the Wall, and the sally-port through the Wall into that Tenalia being choked up with some of the Enemy which were killed in it, it proved of no use for an entrance into the Town that way.

Although our men that stormed the breaches were forced to recoil, as is before expressed; yet, being encouraged to recover their loss, they made a second attempt: wherein God was pleased so to animate them that they got ground of the Enemy, and by the goodness of God, forced him to quit his entrenchments. And after a very hot dispute, the Enemy having both horse and foot, and we only foot, within the Wall,--they gave ground, and our men became masters both of their entrenchments and of the Church; which indeed, although they made our entrance the more difficult, yet they proved of excellent use to us; so that the Enemy could not now annoy us with their horse, but thereby we had advantage to make good the ground, that so we might let in our own horse; which accordingly was done, though with much difficulty.

Divers of the Enemy retreated into the Mill-Mount: a place very strong and of difficult access; being exceedingly high, having a good graft, and strongly palisadoed. The Governor, Sir Arthur Ashton, and divers considerable Officers being there, our men getting up to them, were ordered by me to put them all to the sword. And indeed, being in the heat of action, I forbade them to spare any that were in arms in the Town: and, I think, that night they put to the sword about 2,000 men;--divers of the officers and soldiers being fled over the Bridge into the other part of the Town, where about 100 of them possessed St. Peter's Church-steeple, some the west Gate, and others a strong Round Tower next the Gate called St. Sunday's. These being summoned to yield to mercy, refused. Whereupon I ordered the steeple of St. Peter's Church to be fired, when one of them was heard to say in the midst of the flames: "God damn me, God confound me; I burn, I burn."

The next day, the other two Towers were summoned; in one of which was about six or seven score; but they refused to yield themselves: and we knowing that hunger must compel them, set only good guards to secure them from running away until their stomachs were come down. From one of the said Towers, notwithstanding their condition, they killed and wounded some of our men. When they submitted, their officers were knocked on the head; and every tenth man of the soldiers killed; and the rest shipped for the Barbadoes. The soldiers in the other Tower were all spared, as to their lives only; and shipped likewise for the Barbadoes.

I am persuaded that this is a righteous judgment of God upon these barbarous wretches, who have imbrued their hands in so much innocent blood; and that it will tend to prevent the effusion of blood for the future. Which are the satisfactory grounds to such actions, which otherwise cannot but work remorse and regret. The officers and soldiers of this Garrison were the flower of their army. And their great expectation was, that our attempting this place would put fair to ruin us; they being confident of the resolution of their men, and the advantage of the place. If we had divided our force into two quarters to have besieged the North Town and the South Town, we could not have had such a correspondency between the two parts of our Army, but that they might have chosen to have brought their Army, and have fought with which part of ours they pleased,--and at the same time have made a sally with 2,000 men upon us, and have left their walls manned; they having in the Town the number hereafter specified, but some say near 4,000....

And now give me leave to say how it comes to pass that this work is wrought. It was set upon some of our hearts, that a great thing should be done, not by power or might, but by the Spirit of God. And is it not so, clearly? That which caused your men to storm so courageously, it was the Spirit of God, who gave your men courage, and took it away again; and gave the Enemy courage, and took it away again; and gave your men courage again, and therewith this happy success. And therefore it is good that God alone have all the glory.

FOOTNOTE:

[2] "Tenalia," a kind of advanced defensive work, which takes its name from its resemblance, real or imaginary, to the lips of a pair of pincers (Carlyle).

THE NAVIGATION ACT (1651).

(EXCERPT.)

=Source.=--_Acts and Ordinances of the Interregnum._ Vol. ii., p. 559.

For the Increase of the Shipping and the Encouragement of the Navigation of this Nation, which under the good Providence and Protection of God, is so great a means of the Welfare and Safety of this Commonwealth; Be it Enacted by this present Parliament, and the Authority thereof, That from and after the First day of December, One thousand six hundred fifty and one, and from thence forwards, no Goods or Commodities whatsoever, of the Growth, Production or Manufacture of Asia, Africa or America, or of any part thereof; or of any Islands belonging to them, or any of them, or which are described or laid down in the usual Maps or Cards of those places, as well of the English Plantations as others, shall be Imported or brought into this Commonwealth of England, or into Ireland, or any other Lands, Islands, Plantations or Territories to this Commonwealth belonging, or in their Possession, in any other Ship or Ships, Vessel or Vessels whatsoever, but onely in such as do truly and without fraud belong onely to the People of this Commonwealth, or the Plantations thereof, as the Proprietors or right Owners thereof; and whereof the Master and Mariners are also for the most part of them, of the People of this Commonwealth, under the penalty of the forfeiture and loss of all the Goods that shall be Imported contrary to this Act; as also of the Ship (with all her Tackle, Guns and Apparel) in which the said Goods or Commodities shall be so brought in and Imported; the one moyety to the use of the Commonwealth, and the other moyety to the use and behoof of any person or persons who shall seize the said Goods or Commodities, and shall prosecute the same in any Court of Record within this Commonwealth.

And it is further Enacted by the Authority aforesaid, That no Goods or Commodities of the Growth, Production or Manufacture of Europe, or of any part thereof, shall after the First day of December, One thousand six hundred fifty and one, be imported or brought into this Commonwealth of England, or into Ireland, or any other Lands, Islands, Plantations or Territories to this Commonwealth belonging, or in their possession, in any Ship or Ships, Vessel or Vessels whatsoever, but in such as do truly and without fraud belong onely to the people of this Commonwealth, as the true Owners and Proprietors thereof, and in no other, except onely such Forein Ships and Vessels as do truly and properly belong to the people of that Countrey or Place, of which the said Goods are the Growth, Production or Manufactures; or to such Ports where the said Goods can onely be, or most usually are first shipped for Transportation; And that under the same penalty of forfeiture and loss expressed in the former Branch of this Act, the said Forfeitures to be recovered and employed as is therein expressed.

And it is further Enacted by the Authority aforesaid, That no Goods or Commodities that are of Forein Growth, Production or Manufacture, and which are to be brought into this Commonwealth, in Shipping belonging to the People thereof, shall be by them Shipped or brought from any other place or places, Countrey or Countreys, but onely from those of their said Growth, Production or Manufacture; or from those Ports where the said Goods and Commodities can onely, or are, or usually have been first shipped for Transportation; and from none other Places or Countreys, under the same penalty of forfeiture and loss expressed in the first Branch of this Act, the said Forfeitures to be recovered and employed as is therein expressed.

HOBBES ON LIBERTY (1651).

=Source.=--Hobbes, _Leviathan_, 1651. P. 108.

But as men, for the attaining of peace, and conservation of themselves thereby, have made an Artificial Man, which we call a Common-wealth; so also have they made Artificial Chains, called civil laws, which they themselves, by mutual covenants, have fastened at one end, to the lips of that man, or assembly, to whom they have given the sovereign power; and at the other end to their own ears. These Bonds, in their own nature but weak, may neverthelesse be made to hold, by the danger, though not by the difficulty, of breaking them.

In relation to these Bonds only it is, that I am to speak now, of the _Liberty_ of _Subjects_. For seeing there is no Common-wealth in the world, wherein there be rules enough set down, for the regulating of all the actions, and words of men, (as being a thing impossible:) it followeth necessarily, that in all kinds of actions, by the laws prætermitted, men have the Liberty of doing what their own reasons shall suggest, for the most profitable to themselves. For if we take Liberty in the proper sense, for corporal Liberty; that is to say, freedom from chains and prison, it were very absurd for men to clamor as they do, for the Liberty they so manifestly enjoy. Again, if we take Liberty for an exemption from Laws, it is no less absurd for men to demand, as they do, that Liberty, by which all other men may be masters of their lives. And yet as absurd as it is, this is it they demand; not knowing that the laws are of no power to protect them, without a sword in the hands of a man, or men, to cause those laws to be put in execution. The Liberty of a Subject lieth therefore only in those things which, in regulating their actions, the Sovereign hath prætermitted: such as is the Liberty to buy, and sell, and otherwise contract with one another; to choose their own abode, their own diet, their own trade of life, and institute their children as they themselves think fit; and the like.

Neverthelesse we are not to understand, that by such Liberty, the Sovereign Power of life and death is either abolished or limited. For it has been already shewn, that nothing the Sovereign Representative can do to a Subject, on what pretence soever, can properly be called Injustice, or Injury; because every subject is author of every act the Sovereign doth; so that he never wanteth Right to any thing, otherwise than as he himself is the Subject of God, and bound thereby to observe the laws of Nature. And therefore it may, and doth often happen in Common-wealths, that a Subject may be put to death by the command of the Sovereign Power; and yet neither do the other wrong: As when Jeptha caused his daughter to be sacrificed: In which, and the like cases, he that so dieth had Liberty to do the action, for which he is neverthelesse without injury put to death. And the same holdeth also in a Sovereign Prince, that putteth to death an innocent subject. For though the action be against the law of Nature, as being contrary to Equity, (as was the killing of Uriah by David;) yet it was not an injury to Uriah; but to God. Not to Uriah, because the right to do what he pleased was given him by Uriah himself. And yet to God, because David was God's Subject; and prohibited all iniquity by the law of Nature. Which distinction David himself, when he repented the fact, evidently confirmed, saying, _To Thee only have I sinned_.