In this Parliament Hampden took his seat as member for Buckinghamshire, and thenceforward, till the day of his death, gave himself up, with scarcely any intermission, to public affairs. He took lodgings in Gray’s Inn Lane, near the house occupied by Pym, with whom he lived in habits of the closest intimacy. He was now decidedly the most popular man in England. The Opposition looked to him as their leader, and the servants of the King treated him with marked respect.

Charles requested the Parliament to vote an immediate supply, and pledged his word that, if they would gratify him in this request, he would afterwards give them time to represent their grievances to him. The grievances under which the nation suffered were so serious, and the royal word had been so shamefully violated, that the Commons could hardly be expected to comply with this request. During the first week of the session, the minutes of the proceedings against Hampden were laid on the table by Oliver St. John, and a committee reported that the case was matter of grievance. The King sent a message to the Commons, offering, if they would vote him twelve subsidies, to give up the prerogative of ship-money. Many years before, he had received five subsidies in consideration of his assent to the Petition of Right. By assenting to that petition, he had given up the right of levying ship-money, if he ever possessed it. How he had observed the promises made to his third Parliament, all England knew; and it was not strange that the Commons should be somewhat unwilling to buy from him, over and over again, their own ancient and undoubted inheritance.

His message, however, was not unfavourably received. The Commons were ready to give a large supply; but they were not disposed to give it in exchange for a prerogative of which they altogether denied the existence. If they acceded to the proposal of the King, they recognised the legality of the writs of ship-money.

Hampden, who was a greater master of parliamentary tactics than any man of his time, saw that this was the prevailing feeling, and availed himself of it with great dexterity. He moved that the question should be put, “Whether the House would consent to the proposition made by the King, as contained in the message.” Hyde interfered, and proposed that the question should be divided; that the sense of the House should be taken merely on the point whether there should be a supply or no supply; and that the manner and the amount should be left for subsequent consideration.

The majority of the House was for granting a supply, but against granting it in the manner proposed by the King. If the House had divided on Hampden’s question, the court would have sustained a defeat; if on Hyde’s, the court would have gained an apparent victory. Some members called for Hyde’s motion, others, for Hampden’s. In the midst of the uproar, the secretary of state, Sir Harry Vane, rose and stated that the supply would not be accepted unless it were voted according to the tenor of the message. Vane was supported by Herbert, the Solicitor-General. Hyde’s motion was therefore no further pressed, and the debate on the general question was adjourned till the next day.

On the next day the King came down to the House of Lords, and dissolved the Parliament with an angry speech. His conduct on this occasion has never been defended by any of his apologists. Clarendon condemns it severely. “No man,” says he, “could imagine what offence the Commons had given.” The offence which they had given is plain. They had, indeed, behaved most temperately and most respectfully. But they had shown a disposition to redress wrongs and to vindicate the laws; and this was enough to make them hateful to a king whom no law could bind, and whose whole government was one system of wrong.

The nation received the intelligence of the dissolution with sorrow and indignation, The only persons to whom this event gave pleasure were those few discerning men who thought that the maladies of the state were beyond the reach of gentle remedies. Oliver St. John’s joy was too great for concealment. It lighted up his dark and melancholy features, and made him, for the first time, indiscreetly communicative. He told Hyde that things must be worse before they could be better, and that the dissolved Parliament would never have done all that was necessary. St. John, we think, was in the right. No good could then have been done by any Parliament which did not fully understand that no confidence could safely be placed in the King, and that, while he enjoyed more than the shadow of power, the nation would never enjoy more than the shadow of liberty.

As soon as Charles had dismissed the Parliament, he threw several members of the House of Commons into prison. Ship-money was exacted more rigorously than ever; and the Mayor and Sheriffs of London were prosecuted before the Star-Chamber for slackness in levying it. Wentworth, it is said, observed, with characteristic insolence and cruelty, that things would never go right till the Aldermen were hanged. Large sums were raised by force on those counties in which the troops were quartered. All the wretched shifts of a beggared exchequer were tried. Forced loans were raised. Great quantities of goods were bought on long credit and sold for ready money. A scheme for debasing the currency was under consideration. At length, in August, the King again marched northward.

The Scots advanced into England to meet him. It is by no means improbable that this bold step was taken by the advice of Hampden, and of those with whom he acted; and this has been made matter of grave accusation against the English Opposition. It is said that to call in the aid of foreigners in a domestic quarrel is the worst of treasons, and that the Puritan leaders, by taking this course, showed that they were regardless of the honour and independence of the nation, and anxious only for the success of their own faction. We are utterly unable to see any distinction between the case of the Scotch invasion in 1640, and the case of the Dutch invasion in 1688; or rather, we see distinctions which are to the advantage of Hampden and his friends. We believe Charles to have been a worse and more dangerous king than his son. The Dutch were strangers to us, the Scots a kindred people speaking the same language, subjects of the same prince, not aliens in the eye of the law. If, indeed, it had been possible that a Scotch army or a Dutch army could have enslaved England, those who persuaded Leslie to cross the Tweed, and those who signed the invitation to the Prince of Orange, would have been traitors to their country. But such a result was out of the question. All that either a Scotch or a Dutch invasion could do was to give the public feeling of England an opportunity to show itself. Both expeditions would have ended in complete and ludicrous discomfiture, had Charles and James been supported by their soldiers and their people. In neither case, therefore, was the independence of England endangered; in both cases her liberties were preserved.

The second campaign of Charles against the Scots was short and ignominious. His soldiers, as soon as they saw the enemy, ran away as English soldiers have never run either before or since. It can scarcely be doubted that their flight was the effect, not of cowardice, but of disaffection. The four northern counties of England were occupied by the Scotch army and the King retired to York.

The game of tyranny was now up. Charles had risked and lost his last stake. It is not easy to retrace the mortifications and humiliations which the tyrant now had to endure, without a feeling of vindictive pleasure. His army was mutinous; his treasury was empty; his people clamoured for a Parliament; addresses and petitions against the government were presented. Strafford was for shooting the petitioners by martial law; but the King could not trust the soldiers. A great council of Peers was called at York; but the King could not trust even the Peers. He struggled, evaded, hesitated, tried every shift, rather than again face the representatives of his injured people. At length no shift was left. He made a truce with the Scots, and summoned a Parliament.

The leaders of the popular party had, after the late dissolution, remained in London for the purpose of organizing a scheme of opposition to the Court. They now exerted themselves to the utmost. Hampden, in particular, rode from county to county, exhorting the electors to give their votes to men worthy of their confidence. The great majority of the returns was on the side of the Opposition. Hampden was himself chosen member both for Wendover and Buckinghamshire. He made his election to serve for the county.

On the third of November 1640, a day to be long remembered, met that great Parliament, destined to every extreme of fortune, to empire and to servitude, to glory and to contempt; at one time the sovereign of its sovereign, at another time the servant of its servants. From the first day of meeting the attendance was great; and the aspect of the members was that of men not disposed to do the work negligently. The dissolution of the late Parliament had convinced most of them that half measures would no longer suffice. Clarendon tells us, that “the same men who, six months before, were observed to be of very moderate tempers, and to wish that gentle remedies might be applied, talked now in another dialect both of kings and persons; and said that they must now be of another temper than they were the last Parliament.” The debt of vengeance was swollen by all the usury which had been accumulating during many years; and payment was made to the full.

This memorable crisis called forth parliamentary abilities such as England had never before seen. Among the most distinguished members of the House of Commons were Falkland, Hyde, Digby, young Harry Vane, Oliver St. John, Denzil Hollis, Nathaniel Fiennes. But two men exercised a paramount influence over the legislature and the country, Pym and Hampden; and by the universal consent of friends and enemies, the first place belonged to Hampden.

On occasions which required set speeches Pym generally took the lead. Hampden very seldom rose till late in a debate. His speaking was of that kind which has, in every age, been held in the highest estimation by English Parliaments, ready, weighty, perspicuous, condensed. His perception of the feelings of the House was exquisite, his temper unalterably placid, his manner eminently courteous and gentlemanlike. “Even with those,” says Clarendon, “who were able to preserve themselves from his infusions, and who discerned those opinions to be fixed in him with which they could not comply, he always left the character of an ingenious and conscientious person.” His talents for business were as remarkable as his talents for debate. “He was,” says Clarendon, “of an industry and vigilance not to be tired out or wearied by the most laborious, and of parts not to be imposed upon by the most subtle and sharp.” Yet it was rather to his moral than to his intellectual qualities that he was indebted for the vast influence which he possessed. “When this parliament began”—we again quote Clarendon—“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. And 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.... He was indeed a very wise man, and of great parts, and possessed with the most absolute spirit of popularity, and the most absolute faculties to govern the people, of any man I ever knew.”

It is sufficient to recapitulate shortly the acts of the Long Parliament during its first session. Strafford and Laud were impeached and imprisoned. Strafford was afterwards attainted by Bill, and executed. Lord Keeper Finch fled to Holland, Secretary Windebank to France. All those whom the King had, during the last twelve years, employed for the oppression of his people, from the servile judges who had pronounced in favour of the crown against Hampden, down to the sheriffs who had distrained for ship-money, and the custom-house officers who had levied tonnage and poundage, were summoned to answer for their conduct. The Star-Chamber, the High Commission Court, the Council of York, were abolished. Those unfortunate victims of Laud who, after undergoing ignominious exposure and cruel manglings, had been sent to languish in distant prisons, were set at liberty, and conducted through London in triumphant procession. The King was compelled to give the judges patents for life or during good behaviour. He was deprived of those oppressive powers which were the last relics of the old feudal tenures. The Forest Courts and the Stannary Courts were reformed. It was provided that the Parliament then sitting should not be prorogued or dissolved without its own consent, and that a Parliament should be held at least once every three years.

Many of these measures Lord Clarendon allows to have been most salutary; and few persons will, in our times, deny that, in the laws passed during this session, the good greatly preponderated over the evil. The abolition of those three hateful courts, the Northern Council, the Star-Chamber, and the High Commission, would alone entitle the Long Parliament to the lasting gratitude of Englishmen.

The proceeding against Strafford undoubtedly seems hard to people living in our days. It would probably have seemed merciful and moderate to people living in the sixteenth century. It is curious to compare the trial of Charles’s minister with the trial, if it can be so called, of Lord Seymour of Sudeley, in the blessed reign of Edward the Sixth. None of the great reformers of our Church doubted the propriety of passing an act of Parliament for cutting off Lord Seymour’s head without a legal conviction. The pious Cranmer voted for that act; the pious Latimer preached for it; the pious Edward returned thanks for it; and all the pious Lords of the council together exhorted their victim to what they were pleased facetiously to call “the quiet and patient suffering of justice.”

But it is not necessary to defend the proceedings against Strafford by any such comparison. They are justified, in our opinion, by that which alone justifies capital punishment or any punishment, by that which alone justifies war, by the public danger. That there is a certain amount of public danger which will justify a legislature in sentencing a man to death by retrospective law, few people, we suppose, will deny. Few people, for example, will deny that the French Convention was perfectly justified in placing Robespierre, St. Just, and Couthon under the ban of the law, without a trial. This proceeding differed from the proceeding against Strafford only in being much more rapid and violent. Strafford was fully heard. Robespierre was not suffered to defend himself. Was there, then, in the case of Strafford, a danger sufficient to justify an act of attainder? We believe that there was. We believe that the contest in which the Parliament was engaged against the King was a contest for the security of our property, for the liberty of our persons, for everything which makes us to differ from the subjects of Don Miguel. We believe that the cause of the Commons was such as justified them in resisting the King, in raising an army, in sending thousands of brave men to kill and to be killed. An act of attainder is surely not more a departure from the ordinary course of law than a civil war. An act of attainder produces much less suffering than a civil war. We are, therefore, unable to discover on what principle it can be maintained that a cause which justifies a civil war will not justify an act of attainder.

Many specious arguments have been urged against the retrospective law by which Strafford was condemned to death. But all these arguments proceed on the supposition that the crisis was an ordinary crisis. The attainder was, in truth, a revolutionary measure. It was part of a system of resistance which oppression had rendered necessary. It is as unjust to judge of the conduct pursued by the Long Parliament towards Strafford on ordinary principles, as it would have been to indict Fairfax for murder because he cut down a cornet at Naseby. From the day on which the Houses met, there was a war waged by them against the King, a war for all that they held dear, a war carried on at first by means of parliamentary forms, at last by physical force; and, as in the second stage of that war, so in the first, they were entitled to do many things which, in quiet times, would have been culpable.

We must not omit to mention that those who were afterwards the most distinguished ornaments of the King’s party supported the bill of attainder. It is almost certain that Hyde voted for it. It is quite certain that Falkland both voted and spoke for it. The opinion of Hampden, as far as it can be collected from a very obscure note of one of his speeches, seems to have been that the proceeding by Bill was unnecessary, and that it would be a better course to obtain judgment on the impeachment.

During this year the Court opened a negotiation with the leaders of the Opposition. The Earl of Bedford was invited to form an administration on popular principles. St. John was made solicitor-general. Hollis was to have been secretary of state, and Pym chancellor of the exchequer. The post of tutor to the Prince of Wales was designed for Hampden. The death of the Earl of Bedford prevented this arrangement from being carried into effect; and it may be doubted whether, even if that nobleman’s life had been prolonged, Charles would ever have consented to surround himself with counsellors whom he could not but hate and fear.

Lord Clarendon admits that the conduct of Hampden during this year was mild and temperate, that he seemed disposed rather to soothe than to excite the public mind, and that, when violent and unreasonable motions were made by his followers, he generally left the House before the division, lest he should seem to give countenance to their extravagance. His temper was moderate. He sincerely loved peace. He felt also great fear lest too precipitate a movement should produce a reaction. The events which took place early in the next session clearly showed that this fear was not unfounded.

During the autumn the Parliament adjourned for a few weeks. Before the recess, Hampden was despatched to Scotland by the House of Commons, nominally as a commissioner, to obtain security for a debt which the Scots had contracted during the last invasion; but in truth that he might keep watch over the King, who had now repaired to Edinburgh, for the purpose of finally adjusting the points of difference which remained between him and his northern subjects. It was the business of Hampden to dissuade the Covenanters from making their peace with the Court, at the expense of the popular party in England.