Critical and Historical Essays — Volume 1Macaulay, Thomas Babington Macaulay, Baron
History
Critical and Historical Essays — Volume 1
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
Towards the close of the year 1636 this great cause came on in the
Exchequer Chamber before all the judges of England. The leading counsel
against the writ was the celebrated Oliver St. John, a man whose temper
was melancholy, whose manners were reserved, and who was as yet little
known in Westminster Hall, but whose great talents had not escaped the
penetrating eye of Hampden. The Attorney-General and Solicitor-General
appeared for the Crown.
The arguments of the counsel occupied many days; and the Exchequer
Chamber took a considerable time for deliberation. The opinion of the
bench was divided. So clearly was the law in favour of Hampden that,
though the judges held their situations only during the royal pleasure,
the majority against him was the least possible. Five of the twelve
pronounced in his favour. The remaining seven gave their voices for the
writ.
The only effect of this decision was to make the public indignation
stronger and deeper. “The judgment,” says Clarendon, “proved of more
advantage and credit to the gentleman condemned than to the King’s
service.” The courage which Hampden had shown on this occasion, as
the same historian tells us, “raised his reputation to a great height
generally throughout the kingdom.” Even courtiers and crown-lawyers
spoke respectfully of him. “His carriage,” says Clarendon, “throughout
that agitation, was with that rare temper and modesty, that they who
watched him narrowly to find some advantage against his person, to
make him less resolute in his cause, were compelled to give him a just
testimony.” But his demeanour, though it impressed Lord Falkland
with the deepest respect, though it drew forth the praises of
Solicitor-General Herbert, only kindled into a fiercer flame the
ever-burning hatred of Strafford. That minister in his letters to Laud
murmured against the lenity with which Hampden was treated. “In good
faith,” he wrote, “were such men rightly served, they should be whipped
into their right wits.” Again he says, “I still wish Mr. Hampden, and
others to his likeness, were well whipped into their right senses. And
if the rod be so used that it smart not, I am the more sorry.”
The person of Hampden was now scarcely safe. His prudence and moderation
had hitherto disappointed those who would gladly have had a pretence for
sending him to the prison of Eliot. But he knew that the eye of a tyrant
was on him. In the year 1637 misgovernment had reached its height. Eight
years had passed without a Parliament. The decision of the Exchequer
Chamber had placed at the disposal of the Crown the whole property
of the English people. About the time at which that decision was
pronounced, Prynne, Bastwick, and Burton were mutilated by the sentence
of the Star-Chamber, and sent to rot in remote dungeons. The estate and
the person of every man who had opposed the court were at its mercy.
Public-domain text, read in full here on John Shaqi.
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