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Nevertheless the people of St George's were resolved on law. They cried out most lustily, "Squire Guelf for ever! Sweet William for ever! No steel traps!" Squire Guelf took all the rascally footmen who had worn old Sir Lewis's livery into his service. They were fed in the kitchen on the very best of everything, though they had no settlement. Many people, and the paupers in particular, grumbled at these proceedings. The steward, however, devised a way to keep them quiet.
There had lived in this parish for many years an old gentleman, named Sir Habeas Corpus. He was said by some to be of Saxon, by some of Norman, extraction. Some maintain that he was not born till after the time of Sir Charles, to whom we have before alluded. Others are of opinion that he was a legitimate son of old Lady Magna Charta, although he was long concealed and kept out of his birthright. Certain it is that he was a very benevolent person. Whenever any poor fellow was taken up on grounds which he thought insufficient, he used to attend on his behalf and bail him; and thus he had become so popular, that to take direct measures against him was out of the question.
The steward, accordingly, brought a dozen physicians to examine Sir Habeas. After consultation, they reported that he was in a very bad way, and ought not, on any account, to be allowed to stir out for several months. Fortified with this authority, the parish officers put him to bed, closed his windows, and barred his doors. They paid him every attention, and from time to time issued bulletins of his health. The steward never spoke of him without declaring that he was the best gentleman in the world; but excellent care was taken that he should never stir out of doors.
When this obstacle was removed, the Squire and the steward kept the parish in excellent order; flogged this man, sent that man to the stocks, and pushed forward the law-suit with a noble disregard of expense. They were, however, wanting either in skill or in fortune. And everything went against them after their antagonists had begun to employ Solicitor Nap.
Who does not know the name of Solicitor Nap? At what alehouse is not his behaviour discussed? In what print-shop is not his picture seen? Yet how little truth has been said about him! Some people hold that he used to give laudanum by pints to his six clerks for his amusement. Others, whose number has very much increased since he was killed by the gaol distemper, conceive that he was the very model of honour and good-nature. I shall try to tell the truth about him.
He was assuredly an excellent solicitor. In his way he never was surpassed. As soon as the parish began to employ him, their cause took a turn. In a very little time they were successful; and Nap became rich. He now set up for a gentleman; took possession of the old manor-house; got into the commission of the peace, and affected to be on a par with the best of the county. He governed the vestries as absolutely as the old family had done. Yet, to give him his due, he managed things with far more discretion than either Sir Lewis or the rioters who had pulled the Lords of the Manor down. He kept his servants in tolerable order. He removed the steel traps from the highways and the corners of the streets. He still left a few indeed in the more exposed parts of his premises; and set up a board announcing that traps and spring guns were set in his grounds. He brought the poor parson back to the parish; and, though he did not enable him to keep a fine house and a coach as formerly, he settled him in a snug little cottage, and allowed him a pleasant pad-nag. He whitewashed the church again; and put the stocks, which had been much wanted of late, into good repair.
With the neighbouring gentry, however, he was no favourite. He was crafty and litigious. He cared nothing for right, if he could raise a point of law against them. He pounded their cattle, broke their hedges, and seduced their tenants from them. He almost ruined Lord Caesar with actions, in every one of which he was successful. Von Blunderbussen went to law with him for an alleged trespass, but was cast, and almost ruined by the costs of suit. He next took a fancy to the seat of Squire Don, who was, to say the truth, little better than an idiot. He asked the poor dupe to dinner, and then threatened to have him tossed in a blanket unless he would make over his estates to him. The poor Squire signed and sealed a deed by which the property was assigned to Joe, a brother of Nap's, in trust for and to the use of Nap himself. The tenants, however, stood out. They maintained that the estate was entailed, and refused to pay rents to the new landlord; and in this refusal they were stoutly supported by the people in St George's.
About the same time Nap took it into his head to match with quality, and nothing would serve him but one of the Miss Germains. Lord Caesar swore like a trooper; but there was no help for it. Nap had twice put executions in his principal residence, and had refused to discharge the latter of the two till he had extorted a bond from his Lordship which compelled him to comply.
THE END OF THE FIRST PART
A CONVERSATION BETWEEN MR ABRAHAM COWLEY AND MR JOHN MILTON, TOUCHING THE GREAT CIVIL WAR.
SET DOWN BY A GENTLEMAN OF THE MIDDLE TEMPLE. (August 1824.)
"Referre sermones Deorum et
Magna modis tenuare parvis."—Horace.
I have thought it good to set down in writing a memorable debate, wherein I was a listener, and two men of pregnant parts and great reputation discoursers; hoping that my friends will not be displeased to have a record both of the strange times through which I have lived, and of the famous men with whom I have conversed. It chanced in the warm and beautiful spring of the year 1665, a little before the saddest summer that ever London saw, that I went to the Bowling Green at Piccadilly, whither, at that time, the best gentry made continual resorts. There I met Mr Cowley, who had lately left Barnelms. There was then a house preparing for him at Chertsey; and till it should be finished, he had come up for a short time to London, that he might urge a suit to his Grace of Buckingham touching certain lands of her Majesty's, whereof he requested a lease. I had the honour to be familiarly acquainted with that worthy gentleman and most excellent poet, whose death hath been deplored with as general a consent of all Powers that delight in the woods, or in verse, or in love, as was of old that of Daphnis or of Callus.
After some talk, which it is not material to set down at large, concerning his suit and his vexations at the court, where indeed his honesty did him more harm than his parts could do him good, I entreated him to dine with me at my lodging in the Temple, which he most courteously promised. And, that so eminent a guest might not lack a better entertainment than cooks or vintners can provide, I sent to the house of Mr John Milton, in the Artillery Walk, to beg that he would also be my guest. For, though he had been secretary, first to the Council of State, and, after that, to the Protector, and Mr Cowley had held the same post under the Lord St Albans in his banishment, I hoped, notwithstanding that they would think themselves rather united by their common art than divided by their different factions. And so indeed it proved. For, while we sat at table, they talked freely of many men and things, as well ancient as modern, with much civility. Nay, Mr Milton, who seldom tasted wine, both because of his singular temperance and because of his gout, did more than once pledge Mr Cowley, who was indeed no hermit in diet. At last, being heated, Mr Milton begged that I would open the windows. "Nay," said I, "if you desire fresh air and coolness, what should hinder us, as the evening is fair, from sailing for an hour on the river?" To this they both cheerfully consented; and forth we walked, Mr Cowley and I leading Mr Milton between us, to the Temple Stairs. There we took a boat; and thence we were rowed up the river.
The wind was pleasant; the evening fine; the sky, the earth, and the water beautiful to look upon. But Mr Cowley and I held our peace, and said nothing of the gay sights around us, lest we should too feelingly remind Mr Milton of his calamity; whereof, however, he needed no monitor: for soon he said, sadly, "Ah, Mr Cowley, you are a happy man. What would I now give but for one more look at the sun, and the waters, and the gardens of this fair city!"
"I know not," said Mr Cowley, "whether we ought not rather to envy you for that which makes you to envy others: and that specially in this place, where all eyes which are not closed in blindness ought to become fountains of tears. What can we look upon which is not a memorial of change and sorrow, of fair things vanished, and evil things done? When I see the gate of Whitehall, and the stately pillars of the Banqueting House, I cannot choose but think of what I have there seen in former days, masques, and pageants, and dances, and smiles, and the waving of graceful heads, and the bounding of delicate feet. And then I turn to thoughts of other things, which even to remember makes me to blush and weep;—of the great black scaffold, and the axe and block, which were placed before those very windows; and the voice seems to sound in mine ears, the lawless and terrible voice, which cried out that the head of a king was the head of a traitor. There stands Westminster Hall, which who can look upon, and not tremble to think how time, and change, and death confound the councils of the wise, and beat down the weapons of the mighty? How have I seen it surrounded with tens of thousands of petitioners crying for justice and privilege! How have I heard it shake with fierce and proud words, which made the hearts of the people burn within them! Then it is blockaded by dragoons, and cleared by pikemen. And they who have conquered their master go forth trembling at the word of their servant. And yet a little while, and the usurper comes forth from it, in his robe of ermine, with the golden staff in one hand and the Bible in the other, amidst the roaring of the guns and the shouting of the people. And yet again a little while, and the doors are thronged with multitudes in black, and the hearse and the plumes come forth; and the tyrant is borne, in more than royal pomp, to a royal sepulchre. A few days more, and his head is fixed to rot on the pinnacles of that very hall where he sat on a throne in his life, and lay in state after his death. When I think on all these things, to look round me makes me sad at heart. True it is that God hath restored to us our old laws, and the rightful line of our kings. Yet, how I know not, but it seems to me that something is wanting—that our court hath not the old gravity, nor our people the old loyalty. These evil times, like the great deluge, have overwhelmed and confused all earthly things. And, even as those waters, though at last they abated, yet, as the learned write, destroyed all trace of the garden of Eden, so that its place hath never since been found, so hath this opening of all the flood-gates of political evil effaced all marks of the ancient political paradise."
"Sir, by your favour," said Mr Milton, "though, from many circumstances both of body and of fortune, I might plead fairer excuses for despondency than yourself, I yet look not so sadly either on the past or on the future. That a deluge hath passed over this our nation, I deny not. But I hold it not to be such a deluge as that of which you speak; but rather a blessed flood, like those of the Nile, which in its overflow doth indeed wash away ancient landmarks, and confound boundaries, and sweep away dwellings, yea, doth give birth to many foul and dangerous reptiles. Yet hence is the fulness of the granary, the beauty of the garden, the nurture of all living things.
"I remember well, Mr Cowley, what you have said concerning these things in your Discourse of the Government of Oliver Cromwell, which my friend Elwood read to me last year. Truly, for elegance and rhetoric, that essay is to be compared with the finest tractates of Isocrates and Cicero. But neither that nor any other book, nor any events, which with most men have, more than any book, weight and authority, have altered my opinion, that, of all assemblies that ever were in this world, the best and the most useful was our Long Parliament. I speak not this as wishing to provoke debate; which neither yet do I decline."
Mr Cowley was, as I could see, a little nettled. Yet, as he was a man of a kind disposition and a most refined courtesy, he put a force upon himself, and answered with more vehemence and quickness indeed than was his wont, yet not uncivilly. "Surely, Mr Milton, you speak not as you think. I am indeed one of those who believe that God hath reserved to himself the censure of kings, and that their crimes and oppressions are not to be resisted by the hands of their subjects. Yet can I easily find excuse for the violence of such as are stung to madness by grievous tyranny. But what shall we say for these men? Which of their just demands was not granted? Which even of their cruel and unreasonable requisitions, so as it were not inconsistent with all law and order, was refused? Had they not sent Strafford to the block and Laud to the Tower? Had they not destroyed the Courts of the High Commission and the Star Chamber? Had they not reversed the proceedings confirmed by the voices of the judges of England, in the matter of ship-money? Had they not taken from the king his ancient and most lawful power touching the order of knighthood? Had they not provided that, after their dissolution, triennial parliaments should be holden, and that their own power should continue till of their great condescension they should be pleased to resign it themselves? What more could they ask? Was it not enough that they had taken from their king all his oppressive powers, and many that were most salutary? Was it not enough that they had filled his council-board with his enemies, and his prisons with his adherents? Was it not enough that they had raised a furious multitude, to shout and swagger daily under the very windows of his royal palace? Was it not enough that they had taken from him the most blessed prerogative of princely mercy; that, complaining of intolerance themselves, they had denied all toleration to others; that they had urged, against forms, scruples childish as those of any formalist; that they had persecuted the least remnant of the popish rites with the fiercest bitterness of the popish spirit? Must they besides all this have full power to command his armies, and to massacre his friends?
"For military command, it was never known in any monarchy, nay, in any well ordered republic, that it was committed to the debates of a large and unsettled assembly. For their other requisition, that he should give up to their vengeance all who had defended the rights of his crown, his honour must have been ruined if he had complied. Is it not therefore plain that they desired these things only in order that, by refusing, his Majesty might give them a pretence for war?
"Men have often risen up against fraud, against cruelty, against rapine. But when before was it known that concessions were met with importunities, graciousness with insults, the open palm of bounty with the clenched fist of malice? Was it like trusty delegates of the Commons of England, and faithful stewards of their liberty and their wealth, to engage them for such causes in civil war, which both to liberty and to wealth is of all things the most hostile. Evil indeed must be the disease which is not more tolerable than such a medicine. Those who, even to save a nation from tyrants, excite it to civil war do in general but minister to it the same miserable kind of relief wherewith the wizards of Pharaoh mocked the Egyptian. We read that, when Moses had turned their waters into blood, those impious magicians, intending, not benefit to the thirsting people, but vain and emulous ostentation of their own art, did themselves also change into blood the water which the plague had spared. Such sad comfort do those who stir up war minister to the oppressed. But here where was the oppression? What was the favour which had not been granted? What was the evil which had not been removed? What further could they desire?"
"These questions," said Mr Milton, austerely, "have indeed often deceived the ignorant; but that Mr Cowley should have been so beguiled, I marvel. You ask what more the Parliament could desire? I will answer you in one word, security. What are votes, and statutes, and resolutions? They have no eyes to see, no hands to strike and avenge. They must have some safeguard from without. Many things, therefore, which in themselves were peradventure hurtful, was this Parliament constrained to ask, lest otherwise good laws and precious rights should be without defence. Nor did they want a great and signal example of this danger. I need not remind you that, many years before, the two Houses had presented to the king the Petition of Right, wherein were set down all the most valuable privileges of the people of this realm. Did not Charles accept it? Did he not declare it to be law? Was it not as fully enacted as ever were any of those bills of the Long Parliament concerning which you spoke? And were those privileges therefore enjoyed more fully by the people? No: the king did from that time redouble his oppressions as if to avenge himself for the shame of having been compelled to renounce them. Then were our estates laid under shameful impositions, our houses ransacked, our bodies imprisoned. Then was the steel of the hangman blunted with mangling the ears of harmless men. Then our very minds were fettered, and the iron entered into our souls. Then we were compelled to hide our hatred, our sorrow, and our scorn, to laugh with hidden faces at the mummery of Laud, to curse under our breath the tyranny of Wentworth. Of old time it was well and nobly said, by one of our kings, that an Englishman ought to be as free as his thoughts. Our prince reversed the maxim; he strove to make our thoughts as much slaves as ourselves. To sneer at a Romish pageant, to miscall a lord's crest, were crimes for which there was no mercy. These were all the fruits which we gathered from those excellent laws of the former Parliament, from these solemn promises of the king. Were we to be deceived again? Were we again to give subsidies, and receive nothing but promises? Were we again to make wholesome statutes, and then leave them to be broken daily and hourly, until the oppressor should have squandered another supply, and should be ready for another perjury? You ask what they could desire which he had not already granted. Let me ask of you another question. What pledge could he give which he had not already violated? From the first year of his reign, whenever he had need of the purses of his Commons to support the revels of Buckingham or the processions of Laud, he had assured them that, as he was a gentleman and a king, he would sacredly preserve their rights. He had pawned those solemn pledges, and pawned them again and again; but when had he redeemed them? 'Upon my faith,'—'Upon my sacred word,'—'Upon the honour of a prince,'—came so easily from his lips, and dwelt so short a time on his mind that they were as little to be trusted as the 'By the hilts' of an Alsatian dicer.
"Therefore it is that I praise this Parliament for what else I might have condemned. If what he had granted had been granted graciously and readily, if what he had before promised had been faithfully observed, they could not be defended. It was because he had never yielded the worst abuse without a long struggle, and seldom without a large bribe; it was because he had no sooner disentangled himself from his troubles than he forgot his promises; and, more like a villainous huckster than a great king, kept both the prerogative and the large price which had been paid to him to forego it; it was because of these things that it was necessary and just to bind with forcible restraints one who could be bound neither by law nor honour. Nay, even while he was making those very concessions of which you speak, he betrayed his deadly hatred against the people and their friends. Not only did he, contrary to all that ever was deemed lawful in England, order that members of the Commons House of Parliament should be impeached of high treason at the bar of the Lords; thereby violating both the trial by jury and the privileges of the House; but, not content with breaking the law by his ministers, he went himself armed to assail it. In the birth-place and sanctuary of freedom, in the House itself; nay in the very chair of the speaker, placed for the protection of free speech and privilege, he sat, rolling his eyes round the benches, searching for those whose blood he desired, and singling out his opposers to the slaughter. This most foul outrage fails. Then again for the old arts. Then come gracious messages. Then come courteous speeches. Then is again mortgaged his often forfeited honour. He will never again violate the laws. He will respect their rights as if they were his own. He pledges the dignity of his crown; that crown which had been committed to him for the weal of his people, and which he never named, but that he might the more easily delude and oppress them.
"The power of the sword, I grant you, was not one to be permanently possessed by Parliament. Neither did that Parliament demand it as a permanent possession. They asked it only for temporary security. Nor can I see on what conditions they could safely make peace with that false and wicked king, save such as would deprive him of all power to injure.
"For civil war, that it is an evil I dispute not. But that it is the greatest of evils, that I stoutly deny. It doth indeed appear to the misjudging to be a worse calamity than bad government, because its miseries are collected together within a short space and time, and may easily at one view be taken in and perceived. But the misfortunes of nations ruled by tyrants, being distributed over many centuries and many places, as they are of greater weight and number, so are they of less display. When the Devil of tyranny hath gone into the body politic he departs not but with struggles, and foaming, and great convulsions. Shall he, therefore, vex it for ever, lest, in going out, he for a moment tear and rend it? Truly this argument touching the evils of war would better become my friend Elwood, or some other of the people called Quakers, than a courtier and a cavalier. It applies no more to this war than to all others, as well foreign as domestic, and, in this war, no more to the Houses than to the king; nay, not so much, since he by a little sincerity and moderation might have rendered that needless which their duty to God and man then enforced them to do."
"Pardon me, Mr Milton," said Mr Cowley; "I grieve to hear you speak thus of that good king. Most unhappy indeed he was, in that he reigned at a time when the spirit of the then living generation was for freedom, and the precedents of former ages for prerogative. His case was like to that of Christopher Columbus, when he sailed forth on an unknown ocean, and found that the compass, whereby he shaped his course, had shifted from the north pole whereto before it had constantly pointed. So it was with Charles. His compass varied; and therefore he could not tack aright. If he had been an absolute king he would doubtless, like Titus Vespasian, have been called the delight of the human race. If he had been a Doge of Venice, or a Stadtholder of Holland, he would never have outstepped the laws. But he lived when our government had neither clear definitions nor strong sanctions. Let, therefore, his faults be ascribed to the time. Of his virtues the praise is his own.
"Never was there a more gracious prince, or a more proper gentleman. In every pleasure he was temperate, in conversation mild and grave, in friendship constant, to his servants liberal, to his queen faithful and loving, in battle grave, in sorrow and captivity resolved, in death most Christian and forgiving.
"For his oppressions, let us look at the former history of this realm. James was never accounted a tyrant. Elizabeth is esteemed to have been the mother of her people. Were they less arbitrary? Did they never lay hands on the purses of their subjects but by Act of Parliament? Did they never confine insolent and disobedient men but in due course of law? Was the court of Star Chamber less active? Were the ears of libellers more safe? I pray you, let not king Charles be thus dealt with. It was enough that in his life he was tried for an alleged breach of laws which none ever heard named till they were discovered for his destruction. Let not his fame be treated as was his sacred and anointed body. Let not his memory be tried by principles found out ex post facto. Let us not judge by the spirit of one generation a man whose disposition had been formed by the temper and fashion of another."
"Nay, but conceive me, Mr Cowley," said Mr Milton; "inasmuch as, at the beginning of his reign, he imitated those who had governed before him, I blame him not. To expect that kings will, of their own free choice, abridge their prerogative, were argument of but slender wisdom. Whatever, therefore, lawless, unjust, or cruel, he either did or permitted during the first years of his reign, I pass by. But for what was done after that he had solemnly given his consent to the Petition of Right, where shall we find defence? Let it be supposed, which yet I concede not, that the tyranny of his father and of Queen Elizabeth had been no less rigorous than was his. But had his father, had that queen, sworn like him, to abstain from those rigours? Had they, like him, for good and valuable consideration, aliened their hurtful prerogatives? Surely not: from whatever excuse you can plead for him he had wholly excluded himself. The borders of countries, we know, are mostly the seats of perpetual wars and tumults. It was the same with the undefined frontiers, which of old separated privilege and prerogative. They were the debatable land of our polity. It was no marvel if, both on the one side and on the other, inroads were often made. But, when treaties have been concluded, spaces measured, lines drawn, landmarks set up, that which before might pass for innocent error or just reprisal becomes robbery, perjury, deadly sin. He knew not, you say, which of his powers were founded on ancient law, and which only on vicious example. But had he not read the Petition of Right? Had not proclamation been made from his throne, Soit fait comme il est desire?
"For his private virtues they are beside the question. Remember you not," and Mr Milton smiled, but somewhat sternly, "what Dr Cauis saith in the Merry Wives of Shakspeare? 'What shall the honest man do in my closet? There is no honest man that shall come in my closet.' Even so say I. There is no good man who shall make us his slaves. If he break his word to his people, is it a sufficient defence that he keeps it to his companions? If he oppress and extort all day, shall he be held blameless because he prayeth at night and morning? If he be insatiable in plunder and revenge, shall we pass it by because in meat and drink he is temperate? If he have lived like a tyrant, shall all be forgotten because he hath died like a martyr?
"He was a man, as I think, who had so much semblance of virtues as might make his vices most dangerous. He was not a tyrant after our wonted English model. The second Richard, the second and fourth Edwards, and the eighth Harry, were men profuse, gay, boisterous; lovers of women and of wine, of no outward sanctity or gravity. Charles was a ruler after the Italian fashion; grave, demure, of a solemn carriage, and a sober diet; as constant at prayers as a priest, as heedless of oaths as an atheist."
Mr Cowley answered somewhat sharply: "I am sorry, Sir, to hear you speak thus. I had hoped that the vehemence of spirit which was caused by these violent times had now abated. Yet, sure, Mr Milton, whatever you may think of the character of King Charles, you will not still justify his murder?"
"Sir," said Mr Milton, "I must have been of a hard and strange nature, if the vehemence which was imputed to me in my younger days had not been diminished by the afflictions wherewith it hath pleased Almighty God to chasten my age. I will not now defend all that I may heretofore have written. But this I say, that I perceive not wherefore a king should be exempted from all punishment. Is it just that where most is given least should be required? Or politic that where there is the greatest power to injure there should be no danger to restrain? But, you will say, there is no such law. Such a law there is. There is the law of selfpreservation written by God himself on our hearts. There is the primal compact and bond of society, not graven on stone, or sealed with wax, nor put down on parchment, nor set forth in any express form of words by men when of old they came together; but implied in the very act that they so came together, pre-supposed in all subsequent law, not to be repealed by any authority, nor invalidated by being omitted in any code; inasmuch as from thence are all codes and all authority.
"Neither do I well see wherefore you cavaliers, and, indeed, many of us whom you merrily call Roundheads, distinguish between those who fought against King Charles, and specially after the second commission given to Sir Thomas Fairfax, and those who condemned him to death. Sure, if his person were inviolable, it was as wicked to lift the sword against it at Naseby as the axe at Whitehall. If his life might justly be taken, why not in course of trial as well as by right of war?
