“one of the greatest clauses in magna carta is that which asserts in legal form the legal rights of englishmen to withstand oppression. if the king broke his promises, he was to be resisted in arms in the name of the powers which englishmen held to be greater than the king—in the name of god, the law and the great council.”

—history of the english parliament, barnett smith.

on the afternoon of the 15th july, a crowd of courtiers, lounging and chatting in tom quad, paused for a moment to glance at the figure of the state secretary as he passed swiftly through the merry throng on his way to the king’s apartments.

oxford was looking its brightest. on the 14th the queen had returned, and on the same day despatches announcing the great victory at roundway down and the relief of devizes had been received. the church bells had pealed, and it seemed to most of the royalists that the king’s cause was now certain to triumph throughout the land, and that the parliamentarians would be utterly crushed. never had there been more confident boasting, more light-hearted laughter than on that summer afternoon, and the sudden apparition of falkland, with his pale sorrow-laden face, seemed curiously ill-timed.

“what the plague does my lord falkland mean by wearing such dismal looks on this gala day?” said a boisterous young cavalier, who was about as capable of appreciating the philosopher of great tew as of recognising the beauty of a raphael.

“he volunteered in my lord wilmot’s troop t’other day,” replied his companion. “they say, you know, that he is always thrusting himself into dangers which there is no call on him to face, because he is stung by the report that his efforts for peace spring from cowardice.”

“ha! ha!” laughed the first speaker. “he’s found that in this world peacemakers have devilish hard times, and always win the hatred of both sides. i’ll warrant you he will have but a chilly reception from his majesty, who, they tell me, is downright afraid of him, and can’t endure his plain speaking, and that inconvenient custom he hath of scrupulous truthfulness.”

“he will be ill-pleased that a council was held last night in his absence, and the siege of bristol determined on,” said the other.

a third courtier strolled up. “did you see my lord falkland’s face?” he said, with a sneer. “is he grieving over the slaughter at roundway down, think you? or is it, perchance, that he finds his beloved mistress moray is undoubtedly in the last stage of consumption?”

there was a general laugh as the ill-natured gossips made merry over the state secretary’s friendship with this good and high minded lady, and, according to their own foul and depraved nature, judged one of the most spiritual and helpful influences that can be had in an evil world.

falkland, perfectly well aware of the way in which his private affairs were discussed, and conscious of the hostile atmosphere which surrounded him at the court, passed gravely on to the king’s apartments, to be received by charles much as the courtiers had prophesied, with very little warmth and no comprehension.

the king in prosperity was never at his best. his arrogance and narrowness were apt then to become apparent, whereas in adversity his courage and a very noble patience were noteworthy. the prospect of speedy triumph, and the unhappy influence always exerted over him by the presence and counsel of the queen, made him now more than ever antagonistic to his secretary of state.

he was seated in an elbow chair beside the open window, and on the oaken table beside him was spread a map of the southern counties, which he had been studying. on the window seat lay a remarkably fine white poodle which falkland noticed with a feeling of annoyance, knowing that the dog belonged to prince rupert, and betokened his near neighbourhood.

“we received yesterday the good news of the victory,” said the king. “i trust you bring no worse report of sir ralph hopton, my lord?”

“he remains at devizes, sire,” said falkland, “and is steadily recovering from his injuries.”

the king put several questions as to the doings at roundway down, and falkland having replied to them, was debating how he could suggest that the victory made this a fitting time for the opening of negotiations with parliament, when the king asked what was being done with the prisoners.

“some were left at devizes, sire,” replied falkland, “but a great number are being marched hither, and i am anxious that your majesty should be in possession of the truth respecting one of prince maurice’s officers—colonel norton—who hath been guilty of very gross cruelty to two of the prisoners, major locke, who died last night for lack of a surgeon, and lieutenant harford.”

“let me have the particulars,” said the king, coldly. “people are over-fond of bringing accusations against my nephew’s officers. scarce a day passes but i have some idle tale of prince rupert’s men, and he hath but this morning assured me that the men are the best soldiers in our army, and hath told me of his clemency towards the lady of caldecot manor.”

falkland’s face was a study. prince rupert was not without a certain generosity, but in the main he knew only too well that the troops commanded by the two german princes had done much by their burnings and plunderings and wanton devastation of the crops to exasperate the english. the people were not likely soon to forget the cruel burning of the eighty-seven houses in birmingham which prince rupert had ordered in the spring.

“i will tell you, sire, precisely what i saw last night in st. peter’s church at marlborough,” he said. and, graphically, but without any comment, he described to the king what had taken place.

“bound to one of the church pillars, you say!” said the king, with a shudder, “and the guard had actually brought him water in the chalice! horrible profanation! i cannot endure the misuse of the churches in this war, yet they assure me they must at times use them for troops and for prisoners.”

falkland, with something like despair in his heart, marvelled at the extraordinary way in which the king missed the point he had wished to urge, and, in thinking of the church fabric and the communion-plate, failed to realise what cruelty to man really means.

“for my part,” he replied, “i am bound to own, your majesty, that the kindly thought of the guard in fetching the cup of water seemed the one redeeming touch in the whole miserable business. that and the way in which he had wrapped a cope about the feet of the dying major in the chancel.”

“he had actually used a cope for such a purpose?” said the king. “well, my lord, i regret to hear that any cruelty was shown to the prisoners, but it seems to me you do not the least understand the sin of sacrilege. ’tis as i ever told you, you care nothing for the church.”

his brow grew dark as he remembered that, little more than two years before, falkland had made a speech in parliament in which, report said, he had accused the bishops of having “brought in superstition and scandal under the titles of reverence and decency, and of labouring to introduce an english, though not a roman, popery; not only the outside and dress of it, but, equally absolute, a blind dependence of the people upon the clergy.”

the king’s reproach had been made before, and court etiquette forbade falkland to justify himself to his sovereign; moreover, he had long ceased to expect his position to be understood. the laudian practices were hateful to him, but in the narrow dogmatism of the presbyterians he saw grave danger to intellectual liberty. he stood aloof from both systems, but cherished beneath an outer mask of philosophic calm a passionate yearning for that church of the future which should be wide enough to embrace all sincere men who took christ as their ideal, and spiritual enough to dispense with those elaborate outer shows which had so often proved stumbling-blocks.

stifling a sigh, he caught at the one phrase in the king’s remarks of which he might avail himself.

“i well know,” he replied, “that any sort of cruelty is repugnant to your majesty, and therefore make bold to plead the cause of this young prisoner who hath been put to physical and moral torture, and hath claims on your majesty’s clemency, for he was not taken during the battle, but on the following day while endeavouring to save the life of his wounded friend, major locke.”

falkland had used no false flattery, but had appealed to the best side of the king’s character. though very limited in his sympathies, and without any genial love for his people, charles was far from being cruel or merciless; the enormous amount of suffering for which he was responsible sprang partly from his duplicity, partly from his habit of allowing himself to be ruled by unworthy favourites, and drawn into rash courses by his wife. he might often from absorption in other matters fall into cruelty as so many of us do, fatally hurting others because not actively kind to them; but cruelty such as norton’s was abhorrent to him, and he would probably have yielded to the suggestion of his secretary of state, had not the white poodle suddenly sprung down from the window-seat and, with whines of delight, bounded towards the door.

falkland knew too well what would follow, and there was bitterness in his heart as he bowed to the handsome young prince who entered the room.

it was impossible to conceive a greater contrast than that between the fiery rupert, with his soldierly instincts, his rough, over-bearing manner, his full-blooded, dashing impetuosity, and the grave, far-seeing statesman ten years his senior. falkland greeted the prince with the quiet courtesy which was one of his characteristics, but with a disapproval which revealed itself by an indefinable air of strength and resistance not usually apparent in the singularly gentle face.

“so, my lord,” said rupert, gaily, “you have returned from the slaughter of the redoubtable ‘lobsters,’ and have made william the conqueror hide his diminished head! his majesty will now be able to make short work of bristol, and when bristol hath fallen london will soon follow—eh, boye?” stooping to fondle the poodle’s long ears.

the dog licked his master’s hand and whined with delight.

“boye is more eager to crush the roundheads than is my lord falkland,” said the prince, glancing with a smile at his uncle.

“he doth take after his master,” said the king, looking with fond admiration at rupert’s soldierly bearing. “you have doubtless heard, my lord, that a council was held last night and that we have determined that prince rupert shall join forces with the victors of roundway down and lay siege to bristol.”

“i had heard that it was so determined, sire,” said falkland. “had i been present at the council, i would earnestly have begged your majesty, after having annihilated sir william waller’s army, to offer to treat with the parliament. bloodshed might thus be avoided, and the end of hostilities might well be hoped for.”

“my lord, you are no soldier,” broke in rupert, impetuously. “these rebels must be crushed and altogether subjugated before his majesty can be king indeed.”

“you will never crush the national love of liberty, your highness,” said falkland. “the british nature demands freedom as a right, and the only hope of adjusting our unhappy differences is in recognising those rights which are in accordance with the law.”

“law!” interrupted rupert, who could never endure remarks contrary to his own views, especially when they came from the counsellors of civil affairs. “tush! we will have no law in england henceforward but of the sword!”

“my lord,” said charles, “we are aware that you ever speak on behalf of peace, but those at westminster do not desire it.”

“i do not forget that your majesty’s secret message to parliament ere hostilities began proved, unhappily, fruitless of good results,” said falkland; “but you will recollect, sire, that since then parliament hath made many overtures of peace, and that every overture hath been rejected by your majesty. might it not be the part of true wisdom to take advantage now of this happy tide in affairs? surely, sire, this great victory, and the return of her majesty after fifteen months’ absence, make the present a very fitting time for a gracious offer of terms which the parliament could accept.”

“my lord, our determination is already made,” said the king, coldly. “your suggestions do not seem to us practical, and we are confident that our cause is better served by prince rupert.”

falkland bowed gravely. no man could equal him in humility, yet it cost him a pang to be thus set at naught, and to see how the king was dominated by the young german prince of four-and-twenty, who knew absolutely nothing of the english or of constitutional law.

boye, the white poodle, broke the uncomfortable silence which followed, by bounding to the door and barking furiously at the sound of approaching steps. a young courtier entered.

“may it please your majesty, the two troops in charge of the prisoners from roundway down are approaching the city,” he announced.

“they will expect you to see the entrance, sire,” said rupert, “as you did when we returned with the prisoners from cirencester.”

“we will not disappoint our brave men,” said the king, rising. “and you, my lord, will accompany us,” he added, turning graciously to falkland, as though to make up for the snub he had just given him.

falkland, sick at heart, followed the king and the prince, and before long was riding in the royal train to see what he well knew would prove a painful spectacle.

hundreds of the citizens were flocking out of oxford to see the return of the victors and waller’s vanquished soldiers. the day was insufferably hot, and the court party did not care to ride far on the road, but drew rein under a clump of trees by the wayside. as they waited the approach of the troops, the king discussed with prince rupert some of the details of the battle which falkland had mentioned to him, and spoke also of colonel norton’s conduct at marlborough.

“i have met the colonel,” said rupert. “he hath a merry wit and a sharp tongue, and is the very man to enjoy a rough jest at the expense of one who had crossed his path. he is an excellent soldier though. my lord,” he said, turning to falkland, “you must show us this young lieutenant harford as the prisoners go past. the fellow must be worth his salt if he has dared to withstand a hectoring officer like colonel norton.”

by this time the troops were in sight, and loud cheers rose from the spectators as they rode by.

then in striking contrast came the weary prisoners on foot, escorted by a second troop of cavalry. as the line passed by, tied together in pairs, many of them wounded, and all of them suffering acutely from thirst, they might have inspired pity in the hardest heart. falkland noted, however, that the courtiers around him looked on, either with utter indifference, or with derisive smiles, as their fellow-countrymen were beaten and driven along the road like dogs.

“yonder comes the young lieutenant you bade me point out to your highness,” he said to prince rupert. “the nearest to us behind the gun, and tied to a man with a bandaged head.”

both the king and the prince glanced at the prisoner.

“in good sooth the fellow is sunburnt till he is the colour of an italian!” exclaimed rupert. “he hath an undaunted air and looks like a man of mettle though.”

“copper metal, your highness,” interjected a shallow-brained fop behind him with a laugh.

the laugh reached gabriel; he glanced to the left, and catching sight of falkland saluted him, a look of reverence and gratitude lighting up his tired eyes. his pace had involuntarily slackened a little, and the wounded man tied to his right arm, had throughout the march been a heavy drag upon him; a smart blow across his shoulders from the swynfeather, or spiked pole, of the nearest soldier made his eyes flash, and added a touch of dignity to his bearing. but his salute to the king, though courteous, was merely formal, while the rapid, searching glance that accompanied it had none of that deep reverence with which he had returned falkland’s gaze.

he saw for a moment the well-known handsome features, the cold impassive expression, and remembered how, when he had last looked upon the king, it had been on that memorable january day, at the entrance to westminster hall, when charles had been on his way to arrest the five members. now hampden, the patriot, had been slain; thousands of englishmen had fought, and bled, and died, and he himself was a prisoner, just when the cause he held at heart most needed service.

something approaching despair seized him as he marched on, with that vision stamped on his brain—the king in his purple riding suit and white-plumed hat, his attention divided between the remarks of prince rupert, and the orange stuffed with cloves, which he smelt as a remedy against infection, as the troops and the long line of weary prisoners made the dust rise. was the country again to be at the mercy of a ruler who so little understood or loved his people?

“poor beggar!” said rupert, following the young lieutenant with his eyes. “i know too well what military captivity will mean to one of his years. curse me! if i ever pardon the emperor who kept me mewed up so long! i can see, too, that yonder rebel is a good officer wasted, and with your permission, sire, would fain have the fellow in my troop.”

“he shall be pardoned, and set free on consenting to serve under you,” said the king. “we depute you, my lord falkland, to see to the matter.”

falkland bowed low.

“i will convey your majesty’s pleasure to mr. harford, but i doubt his acceptance of a post under the prince, for he is not one of those who entered into this struggle without grave thought,” said the secretary of state, convinced in his own mind that gabriel would decline pardon bought at the cost of his convictions.

“then he must pay the penalty of his disloyal obstinacy,” said the king, annoyed even by the suggestion that some of his opponents had conscientiously thought out their position before taking arms against him. “he hath brought this misery on himself.”

“look you, my lord,” said rupert, good-naturedly, “make not the offer of release till to-morrow. ’tis but fair the fellow should know what he chooses if he elects to stay in the clutches of provost-marshal smith. they don’t pamper roundheads at the castle, i hear.”

the talk was interrupted by the huzzas of the spectators as the last contingent of cavalry rode by. falkland heard one of the courtiers mention the name of norton, and gave that officer a keen, penetrating glance, perceiving at once that there was a force of character in the colonel’s face which would make him a dangerous enemy, and one likely to pursue the young lieutenant with untiring animosity.