CHAPTER LI.

CHARLES I.

{1628.} There was reason to apprehend some disorder or insurrection

from the discontents which prevailed among the people in England.

Their liberties, they believed, were ravished from them; illegal taxes

extorted; their commerce which had met with a severe check from the

Spanish, was totally annihilated by the French war; those military

honors transmitted to them from their ancestors, had received a grievous

stain by two unsuccessful and ill-conducted expeditions; scarce an

illustrious family but mourned, from the last of them, the loss of a

son or brother; greater calamities were dreaded from the war with these

powerful monarchies, concurring with the internal disorders under which

the nation labored. And these ills were ascribed, not to the refractory

disposition of the two former parliaments, to which they were partly

owing, but solely to Charles's obstinacy in adhering to the counsels of

Buckingham, a man nowise entitled by his birth, age, services, or merit,

to that unlimited confidence reposed in him. To be sacrificed to the

interest, policy, and ambition of the great, is so much the common lot

of the people, that they may appear unreasonable who would pretend to

complain of it: but to be the victim of the frivolous gallantry of a

favorite, and of his boyish caprices, seemed the object of peculiar

indignation.

In this situation, it may be imagined the king and the duke dreaded,

above all things, the assembling of a parliament; but so little

foresight had they possessed in their enterprising schemes, that

they found themselves under an absolute necessity of embracing that

expedient. The money levied, or rather extorted, under color of

prerogative, had come in very slowly, and had left such ill humor in the

nation, that it appeared dangerous to renew the experiment. The absolute

necessity of supply, it was hoped, would engage the commons to forget

all past injuries; and, having experienced the ill effects of former

obstinacy, they would probably assemble with a resolution of making some

reasonable compliances. The more to soften them, it was concerted,

by Sir Robert Cotton's advice,[*] that Buckingham should be the first

person that proposed in council the calling of a new parliament.

Having laid in this stock of merit, he expected that all his former

misdemeanors would be overlooked and forgiven; and that, instead of a

tyrant and oppressor, he should be regarded as the first patriot in the

nation.

The views of the popular leaders were much more judicious and profound.

When the commons assembled, they appeared to be men of the same

independent spirit with their predecessors, and possessed of such

riches, that their property was computed to surpass three times that

of the house of peers;[**] they were deputed by boroughs and counties,

inflamed all of them by the late violations of liberty; many of the

members themselves had been cast into prison, and had suffered by the

measures of the court; yet, notwithstanding these circumstances, which

might prompt them to embrace violent resolutions, they entered upon

business with perfect temper and decorum. They considered that the king,

disgusted at these popular assemblies, and little prepossessed in favor

of their privileges, wanted but a fair pretence for breaking with them,

and would seize the first opportunity offered by any incident, or any

undutiful behavior of the members. He fairly told them in his first

speech, that, "If they should not do their duties in contributing to the

necessities of the state, he must, in discharge of his conscience, use

those other means which God had put into his hands, in order to save

that which the follies of some particular men may otherwise put in

danger. Take not this for a threatening," added the king, "for I scorn

to threaten any but my equals; but as an admonition from him who,

by nature and duty, has most care of your preservation and

prosperity."[***] The lord keeper, by the king's direction, subjoined,

"This way of parliamentary supplies as his majesty told you, he hath

chosen, not as the only way, but as the fittest; not because he is

destitute of others, but because it is most agreeable to the goodness

of his own most gracious disposition, and to the desire and weal of his

people. If this be deferred, necessity and the sword of the enemy make

way for the others. Remember his majesty's admonition. I say, remember

it."[****]

* Franklyn, p. 230.

** Sanderson, p. 106. Walker, p. 339

*** Rushworth, vol. i. p. 477. Franklyn, p. 233.

**** Rushworth, vol. i. p. 479. Franklyn, p. 234

From these avowed maxims, the commons foresaw that, if the least handle

were afforded, the king would immediately dissolve them, and would

thenceforward deem himself justified for violating, in a manner still

more open, all the ancient forms of the constitution. No remedy could

then be looked for but from insurrections and civil war, of which the

issue would be extremely uncertain, and which must, in all events,

prove calamitous to the nation. To correct the late disorders in the

administration required some new laws, which would, no doubt, appear

harsh to a prince so enamored of his prerogative; and it was requisite

to temper, by the decency and moderation of their debates, the rigor

which must necessarily attend their determinations. Nothing can give us

a higher idea of the capacity of those men who now guided the commons,

and of the great authority which they had acquired, than the forming and

executing of so judicious and so difficult a plan of operations.

The decency, however, which the popular leaders had prescribed to

themselves, and recommended to others, hindered them not from making the

loudest and most vigorous complaints against the grievances under which

the nation had lately labored. Sir Francis Seymour said, "This is the

great council of the kingdom; and here with certainty, if not here only,

his majesty may see, as in a true glass, the state of the kingdom. We

are called hither by his writs, in order to give him faithful counsel;

such as may stand with his honor: and this we must do without flattery.

We are also sent hither by the people, in order to deliver their just

grievances: and this we must do without fear. Let us not act like

Cambyses's judges, who, when their approbation was demanded by the

prince to some illegal measure, said, that 'Though there was a written

law, the Persian kings might follow their own will and pleasure.' This

was base flattery, fitter for our reproof than our imitation; and as

fear, so flattery, taketh away the judgment. For my part, I shall shun

both; and speak my mind with as much duty as any man to his majesty,

without neglecting the public.

"But how can we express our affections while we retain our fears; or

speak of giving, till we know whether we have any thing to give? For if

his majesty may be persuaded to take what he will, what need we give?

"That this hath been done, appeareth by the billeting of soldiers, a

thing nowise advantageous to the king's service, and a burden to the

commonwealth: by the imprisonment of gentlemen for refusing the loan,

who, if they had done the contrary for fear, had been as blamable as the

projector of that oppressive measure. To countenance these proceedings,

hath it not been preached in the pulpit, or rather prated, that 'All we

have is the king's by divine right'? But when preachers forsake their

own calling, and turn ignorant statesmen, we see how willing they are to

exchange a good conscience for a bishopric.

"He, I must confess, is no good subject, who would not willingly and

cheerfully lay down his life, when that sacrifice may promote the

interests of his sovereign, and the good of the commonwealth. But he is

not a good subject, he is a slave, who will allow his goods to be taken

from him against his will, and his liberty against the laws of the

kingdom. By opposing these practices, we shall but tread in the steps

of our forefathers, who still preferred the public before their private

interest, nay, before their very lives. It will in us be a wrong done

to ourselves, to our posterities, to our consciences, if we forego this

claim and pretension."[*]

* Franklyn p. 243. Rushworth, vol. i, p. 499.

"I read of a custom," said Sir Robert Philips, "among the old Romans,

that once every year they held a solemn festival, in which their slaves

had liberty, without exception, to speak what they pleased, in order to

ease their afflicted minds; and, on the conclusion of the festival, the

slaves severally returned to their former servitudes.

"This institution may, with some distinction, well set forth our present

state and condition. After the revolution of some time, and the grievous

sufferance of many violent oppressions, we have now at last, as those

slaves, obtained, for a day, some liberty of speech; but shall not, I

trust, be hereafter slaves: for we are born free. Yet what new illegal

burdens our estates and persons have groaned under, my heart yearns to

think of, my tongue falters to utter.----

"The grievances by which we are oppressed, I draw under two heads; acts

of power against law, and the judgments of lawyers against our liberty."

Having mentioned three illegal judgments passed within his memory; that

by which the Scots, born after James's accession, were admitted to all

the privileges of English subjects;[** semi-colon inserted, not in scan]

that by which the new impositions had been warranted; and the late one,

by which arbitrary imprisonments were authorized; he thus proceeded:--

"I can live, though another, who has no right, be put to live along with

me; nay, I can live, though burdened with impositions beyond what at

present I labor under: but to have my liberty, which is the soul of

my life, ravished from me to have my person pent up in a jail, without

relief by law, and to be so adjudged,--O, improvident ancestors!

O, unwise forefathers! to be so curious in providing for the quiet

possession of our lands, and the liberties of parliament; and at the

same time to neglect our personal liberty, and let us lie in prison, and

that during pleasure, without redress or remedy! If this be law, why

do we talk of liberties? why trouble ourselves with disputes about a

constitution, franchises, property of goods, and the like? What may any

man call his own, if not the liberty of his person?

"I am weary of treading these ways; and therefore conclude to have

a select committee, in order to frame a petition to his majesty for

redress of these grievances. And this petition, being read, examined,

and approved, may be delivered to the king; of whose gracious answer we

have no cause to doubt, our desires being so reasonable, our intentions

so loyal, and the manner so dutiful. Neither need we fear that this is

the critical parliament, as has been insinuated; or that this is the way

to distraction: but assure ourselves of a happy issue. Then shall the

king, as he calls us his great council, find us his true council, and

own us his good council."[*]

* Franklyn, p. 245. Parl. Hist. vol. vii. p. 363. Rushworth,

vol i. p. 502.

The same topics were enforced by Sir Thomas Wentworth. After mentioning

projectors and ill ministers of state, "These," said he, "have

introduced a privy council, ravishing at once the spheres of all ancient

government; destroying all liberty; imprisoning us without bail or bond.

They have taken from us--What shall I say? Indeed, what have they left

us? By tearing up the roots of all property, they have taken from us

every means of supplying the king, and of ingratiating ourselves by

voluntary proofs of our duty and attachment towards him.

"To the making whole all these breaches I shall apply myself, and to all

these diseases shall propound a remedy. By one and the same thing have

the king and the people been hurt, and by the same must they be cured.

We must vindicate--what? New things? No: our ancient, legal, and vital

liberties; by reënforcing the laws enacted by our ancestors; by setting

such a stamp upon them, that no licentious spirit shall dare henceforth

to invade them. And shall we think this a way to break a parliament? No:

our desires are modest and just. I speak both for the interest of king

and people. If we enjoy not these rights, it will be impossible for us

to relieve him. Let us never, therefore, doubt of a favorable reception

from his goodness."[*]

These sentiments were unanimously embraced by the whole house. Even the

court party pretended not to plead, in defence of the late measures,

any thing but the necessity to which the king had been reduced by the

obstinacy of the two former parliaments. A vote, therefore, was

passed, without opposition, against arbitrary imprisonments and forced

loans.[**] And the spirit of liberty having obtained some contentment

by this exertion, the reiterated messages of the king, who pressed for

supply, were attended to with more temper. Five subsidies were voted

him; with which, though much inferior to his wants, he declared himself

well satisfied; and even tears of affection started in his eye when

he was informed of this concession. The duke's approbation too was

mentioned by Secretary Coke; but the conjunction of a subject with the

sovereign was ill received by the house.[***] Though disgusted with the

king, the jealousy which they felt for his honor was more sensible than

that which his unbounded confidence in the duke would allow even himself

to entertain.

* Franklyn, p 243. Rushworth, vol. i. p. 500.

** Franklyn, p. 251. Rushworth, vol. i. p. 513. Whitlocke,

p. 9

*** Rushworth, vol. i. p. 526, Whitlocke, p. 9.

The supply, though voted, was not as yet passed into a law; and the

commons resolved to employ the interval in providing some barriers to

their rights and liberties so lately violated. They knew that their

own vote, declaring the illegality of the former measures, had not, of

itself, sufficient authority to secure the constitution against future

invasion. Some act to that purpose must receive the sanction of the

whole legislature; and they appointed a committee to prepare the model

of so important a law. By collecting into one effort all the dangerous

and oppressive claims of his prerogative, Charles had exposed them to

the hazard of one assault and had further, by presenting a nearer view

of the consequences attending them, roused the independent genius of

the commons. Forced loans, benevolences, taxes without consent of

parliament, arbitrary imprisonments, the billeting of soldiers, martial

law; these were the grievances complained of, and against these an

eternal remedy was to be provided. The commons pretended not, as they

affirmed, to any unusual powers or privileges: they aimed only at

securing those which had been transmitted them from their ancestors: and

their law they resolved to call a Petition of Right; as implying that

it contained a corroboration or explanation of the ancient constitution,

not any infringement of royal prerogative, or acquisition of new

liberties.

While the committee was employed in framing the petition of right, the

favorers of each party, both in parliament and throughout the nation,

were engaged in disputes about this bill, which, in all likelihood, was

to form a memorable era in the English government.

That the statutes, said the partisans of the commons, which secure

English liberty, are not become obsolete, appears hence, that the

English have ever been free, and have ever been governed by law and a

limited constitution. Privileges in particular, which are founded on

the Great Charter, must always remain in force, because derived from

a source of never-failing authority, regarded in all ages as the most

sacred contract between king and people. Such attention was paid to this

charter by our generous ancestors, that they got the confirmation of it

reiterated thirty several times; and even secured it by a rule which,

though vulgarly received, seems in the execution impracticable. They

have established it as a maxim "That even a statute which should be

enacted in contradiction to any article of that charter, cannot have

force or validity." But with regard to that important article which

secures personal liberty, so far from attempting at any time any legal

infringement of it, they have corroborated it by six statutes, and put

it out of all doubt and controversy. If in practice it has often been

violated, abuses can never come in the place of rules; nor can any

rights or legal powers be derived from injury and injustice. But the

title of the subject to personal liberty not only is founded on ancient,

and, therefore, the most sacred laws; it is confirmed by the whole

analogy of the government and constitution. A free monarchy in which

every individual is a slave, is a glaring contradiction: and it is

requisite, where the laws assign privileges to the different orders of

the state, that it likewise secure the independence of the members.

If any difference could be made in this particular, it were better to

abandon even life or property to the arbitrary will of the prince; nor

would such immediate danger ensue, from that concession, to the laws

and to the privileges of the people. To bereave of his life a man not

condemned by any legal trial, is so egregious an exercise of tyranny,

that it must at once shock the natural humanity of princes, and convey

an alarm throughout the whole commonwealth. To confiscate a man's

fortune, besides its being a most atrocious act of violence, exposes the

monarch so much to the imputation of avarice and rapacity, that it will

seldom be attempted in any civilized government. But confinement, though

a less striking, is no less severe a punishment; nor is there any spirit

so erect and independent, as not to be broken by the long continuance

of the silent and inglorious sufferings of a jail. The power of

imprisonment, therefore, being the most natural and potent engine of

arbitrary government, it is absolutely necessary to remove it from a

government which is free and legal.

The partisans of the court reasoned after a different manner. The true

rule of government, said they, during any period, is that to which the

people, from time immemorial, have been accustomed, and to which they

naturally pay a prompt obedience. A practice which has ever struck their

senses, and of which they have seen and heard innumerable precedents,

has an authority with them much superior to that which attends maxims

derived from antiquated statutes and mouldy records. In vain do the

lawyers establish it as a principle, that a statute can never be

abrogated by opposite custom; but requires to be expressly repealed by

a contrary statute: while they pretend to inculcate an axiom peculiar to

English jurisprudence, they violate the most established principles of

human nature; and even by necessary consequence reason in contradiction

to law itself, which they would represent as so sacred and inviolable. A

law, to have any authority must be derived from a legislature which has

right. And whence do all legislatures derive their right, but from long

custom and established practice? If a statute contrary to public good

has at any time been rashly voted and assented to, either from the

violence of faction or the inexperience of senates and princes, it

cannot be more effectually abrogated by a train of contrary precedents,

which prove, that by common consent it has been tacitly set aside, as

inconvenient and impracticable. Such has been the case with all those

statutes enacted during turbulent times, in order to limit royal

prerogative, and cramp the sovereign in his protection of the public,

and his execution of the laws. But above all branches of prerogative,

that which is most necessary to be preserved, is the power of

imprisonment. Faction and discontent, like diseases, frequently arise in

every political body; and during these disorders, it is by the salutary

exercise alone of this discretionary power, that rebellions and civil

wars can be prevented. To circumscribe this power, is to destroy its

nature: entirely to abrogate it, is impracticable; and the attempt

itself must prove dangerous, if not pernicious to the public. The

supreme magistrate, in critical and turbulent times, will never,

agreeably either to prudence or duty, allow the state to perish, while

there remains a remedy which, how irregular soever, it is still in his

power to apply. And if, moved by a regard to public good, he employs any

exercise of power condemned by recent and express statute, how greedily,

in such dangerous times, will factious leaders seize this pretence of

throwing on his government the imputation of tyranny and despotism! Were

the alternative quite necessary, it were surely much better for human

society to be deprived of liberty than to be destitute of government.

Impartial reasoners will confess that this subject is not, on both

sides, without its difficulties. Where a general and rigid law is

enacted against arbitrary imprisonment, it would appear that government

cannot, in times of sedition and faction, be conducted but by temporary

suspensions of the law; and such an expedient was never thought of

during the age of Charles.[**period inserted] The meetings of parliament

were too precarious, and their determinations might be too dilatory, to

serve in cases of urgent necessity. Nor was it then conceived, that the

king did not possess of himself sufficient power for the security

and protection of his people, or that the authority of these popular

assemblies was ever to become so absolute, that the prince must always

conform himself to it, and could never have any occasion to guard

against their practices, as well as against those of his other subjects.

Though the house of lords was not insensible to the reasons urged in

favor of the pretensions of the commons, they deemed the arguments

pleaded in favor of the crown still more cogent and convincing. That

assembly seems, during this whole period, to have acted, in the main, a

reasonable and a moderate part; and if their bias inclined a little

too much, as is natural, to the side of monarchy, they were far from

entertaining any design of sacrificing to arbitrary will the liberties

and privileges of the nation. Ashley, the king's serjeant, having

asserted, in pleading before the peers, that the king must sometimes

govern by acts of state as well as by law, this position gave such

offence, that he was immediately committed to prison, and was not

released but upon his recantation and submission.[*] Being, however,

afraid lest the commons should go too far in their projected petition,

the peers proposed a plan of one more moderate, which they recommended

to the consideration of the other house. It consisted merely in a

general declaration, that the Great Charter, and the six statutes

conceived to be explanations of it, stand still in force, to all intents

and purposes; that, in consequence of the charter and the statutes, and

by the tenor of the ancient customs and laws of the realm, every subject

has a fundamental property in his goods, and a fundamental liberty of

his person; that this property and liberty are as entire at present as

during any former period of the English government; that in all common

cases, the common law ought to be the standard of proceedings: "And in

case that, for the security of his majesty's person, the general safety

of his people, or the peaceable government of the kingdom, the king

shall find just cause, for reasons of state, to imprison or restrain

any man's person, he was petitioned graciously to declare that, within

a convenient time, he shall and will express the cause of the commitment

or restraint, either general or special, and, upon a cause so expressed,

will leave the prisoner immediately to be tried according to the common

law of the land."[**]

* Whitlocke, p. 10.

** State Trials, vol. vii. p. 187. Rushworth, vol. i. p.

548.

Archbishop Abbot was employed by the lords to recommend, in a

conference, this plan of a petition to the house of commons. The

prelate, as was no doubt foreseen, from his known principles, was not

extremely urgent in his applications; and the lower house was fully

convinced that the general declarations signified nothing, and that

the latter clause left their liberties rather in a worse condition than

before. They proceeded, therefore, with great zeal, in framing, the

model of a petition which should contain expressions more precise, and

more favorable to public freedom.

The king could easily see the consequence of these proceedings. Though

he had offered, at the beginning of the session, to give his consent to

any law for the security of the rights and liberties of the people, he

had not expected that such inroads would be made on his prerogative. In

order, therefore, to divert the commons from their intention, he sent

a message, wherein he acknowledged past errors, and promised that

hereafter there should be no just cause of complaint. And he added,

"That the affairs of the kingdom press him so, that he could not

continue the session above a week or two longer: and if the house be not

ready by that time to do what is fit for themselves, it shall be their

own fault."[*] On a subsequent occasion, he asked them, "Why demand

explanations, if you doubt not the performance of the statutes according

to their true meaning? Explanations will hazard an encroachment upon the

prerogative; and it may well be said, What need a new law to confirm an

old, if you repose confidence in the declarations which his majesty

made to both houses?"[**] The truth is, the Great Charter and the old

statutes were sufficiently clear in favor of personal liberty: but as

all kings of England had ever, in cases of necessity or expediency, been

accustomed at intervals to elude them; and as Charles, in a complication

of instances, had lately violated them; the commons judged it requisite

to enact a new law, which might not be eluded or violated by any

interpretation, construction, or contrary precedent. Nor was it

sufficient, they thought, that the king promised to return into the way

of his predecessors. His predecessors in all times had enjoyed too much

discretionary power; and by his recent abuse of it, the whole world had

reason to see the necessity of entirely retrenching it.

The king still persevered in his endeavors to elude the petition. He

sent a letter to the house of lords, in which he went so far as to make

a particular declaration, "That neither he nor his privy council

shall or will, at any time hereafter, commit or command to prison, or

otherwise restrain, any man for not lending money, or for any other

cause which, in his conscience,[**joined-up though no hyphen] he thought

not to concern the public good, and the safety of king and people." And

he further declared, "That he never would be guilty of so base an action

as to pretend any cause of whose truth he was not fully satisfied."[***]

But this promise, though enforced to the commons by the recommendation

of the upper house, made no more impression than all the former

messages.

* State Trials, vol. vii. p. 193.

** State Trials, vol. vii. p. 196. Rushworth, vol. i. p. 556

*** State Trials, vol. vii. p. 198. Rushworth, vol. i. p.

560, Parl. Hist. vol. viii. p. 111.

Among the other evasions of the king, we may reckon the proposal of

the house of peers, to subjoin to the intended petition of right the

following clause: "We humbly present this petition to your majesty, not

only with a care of preserving our own liberties, but with due regard to

leave entire that sovereign power with which your majesty is intrusted

for the protection, safety, and happiness of your people."[*] Less

penetration than was possessed by the leaders of the house of commons,

could easily discover how captious this clause was, and how much it was

calculated to elude the whole force of the petition.

These obstacles, therefore, being surmounted, the petition of right

passed the commons, and was sent to the upper house.[**] [2] The peers,

who were probably well pleased in secret that all their solicitations

had been eluded by the commons, quickly passed the petition without any

material alteration; and nothing but the royal assent was wanting to

give it the force of a law. The king accordingly came to the house of

peers; sent for the commons; and, being seated in his chair of state,

the petition was read to him. Great was now the astonishment of all men,

when, instead of the usual concise and clear form by which a bill is

either confirmed or rejected Charles said, in answer to the petition,

"The king willeth, that right be done according to the laws and customs

of the realm, and that the statutes be put into execution; that his

subjects may have no cause to complain of any wrong or oppression,

contrary to their just rights and liberties, to the preservation whereof

he holds himself in conscience as much obliged as of his own

prerogative."[***]

* State Trials, vol. vii. p. 199. Ruskworth, vol. i. p. 561.

Parl Hist. vol. viii. p. 116. Whitlocke, p. 10.

** See note B, at the end of the volume.

*** State Trials, vol. vii. p. 212. Rushworth, vol. i. p.

500.

It is surprising that Charles, who had seen so many instances of the

jealousy of the commons, who had himself so much roused that jealousy

by his frequent evasive messages during this session, could imagine that

they would rest satisfied with an answer so vague and undeterminate. It

was evident, that the unusual form alone of the answer must excite their

attention; that the disappointment must inflame their anger; and that

therefore it was necessary, as the petition seemed to bear hard on royal

prerogative, to come early to some fixed resolution, either gracefully

to comply with it, or courageously to reject it.

It happened as might have been foreseen. The commons returned in very

ill humor. Usually, when in that disposition, their zeal for religion,

and their enmity against the unfortunate Catholics, ran extremely high.

But they had already, in the beginning of the session, presented their

petition of religion and had received a satisfactory answer; though they

expected that the execution of the laws against Papists would, for the

future, be no more exact and rigid than they had hitherto found it.

To give vent to their present indignation, they fell with their utmost

force on Dr. Manwaring.

There is nothing which tends more to excuse, if not to justify,

the extreme rigor of the commons towards Charles, than his open

encouragement and avowal of such general principles as were altogether

incompatible with a limited government. Manwaring had preached a sermon

which the commons found, upon inquiry, to be printed by special command

of the king;[*] and when this sermon was looked into, it contained

doctrines subversive of all civil liberty. It taught, that, though

property was commonly lodged in the subject, yet, whenever any exigency

required supply, all property was transferred to the sovereign; that the

consent of parliament was not necessary for the imposition of taxes;

and that the divine laws required compliance with every demand, how

irregular soever, which the prince should make upon his subjects[**] For

these doctrines the commons impeached Manwaring. The sentence pronounced

upon him by the peers was, that he should be imprisoned during the

pleasure of the house, be fined a thousand pounds to the king, make

submission and acknowledgment of his offence, be suspended during three

years, be incapable of holding any ecclesiastical dignity or secular

office, and that his book be called in and burnt.[***]

* Parliament. Hist. vol. viii. p. 206.

** Rushworth, vol. i. p. 585, 594. Parl. Hist. vol. viii. p.

168, 169, 170, etc. Welwood, p. 44.

** Rushworth, vol. i. p. 65. Parl. Hist. vol. viii. p. 212.

It may be worthy of notice, that no sooner was the session ended, than

this man, so justly obnoxious to both houses received a pardon, and was

promoted to a living of considerable value.[*] Some years after, he was

raised to the see of St. Asaph. If the republican spirit of the commons

increased beyond all reasonable bounds, the monarchical spirit of the

court, this latter, carried to so high a pitch, tended still further to

augment the former. And thus extremes were every where affected, and the

just medium was gradually deserted by all men.

From Manwaring, the house of commons proceeded to censure the conduct

of Buckingham, whose name hitherto they had cautiously forborne to

mention.[**] In vain did the king send them a message, in which he told

them that the session was drawing near to a conclusion; and desired that

they would not enter upon new business, nor cast any aspersions on his

government and ministry.[***] Though the court endeavored to explain and

soften this message by a subsequent message,[****] as Charles was apt

hastily to correct any hasty step which he had taken, it served

rather to inflame than appease the commons; as if the method of their

proceedings had here been prescribed to them. It was foreseen that a

great tempest was ready to burst on the duke; and in order to divert

it, the king thought proper, upon a joint application of the lords and

commons,[v] to endeavor giving them satisfaction with regard to the

petition of right. He came, therefore, to the house of peers, and

pronouncing the usual form of words, "Let it be law, as is desired,"

gave full sanction and authority to the petition. The acclamations

with which the house resounded, and the universal joy diffused over the

nation, showed how much this petition had been the object of all men's

vows and expectations[v*]

* Rushworth, vol. i. p. 635. Whitlocke, p. 11.

** Rushworth, vol. i. p. 607.

*** Rushworth, vol. i. p. 605.

**** Rushworth, vol. i. p. 610. Parl. Hist vol. viii. p.

197.

v Rushworth, vol. i. p. 613, Journ. 7th June, 1628. Parl.

Hist. vol. viii. p. 201.

v* Rushworth, vol. i. p. 613.

It may be affirmed, without any exaggeration, that the king's assent to

the petition of right produced such a change in the government, as was

almost equivalent to a revolution; and by circumscribing, in so

many articles, the royal prerogative gave additional security to the

liberties of the subject. Yet were the commons far from being satisfied

with this important concession. Their ill humor had been so much

irritated by the king's frequent evasions and delays, that it could not

be presently appeased by an assent which he allowed to be so reluctantly

extorted from him. Perhaps, too, the popular leaders, implacable and

artful, saw the opportunity favorable; and, turning against the king

those very weapons with which he had furnished them, resolved to pursue

the victory. The bill, however, for five subsidies, which had been

formerly voted, immediately passed the house; because the granting of

that supply was, in a manner, tacitly contracted for, upon the royal

assent to the petition; and had faith been here violated, no further

confidence could have subsisted between king and parliament. Having

made this concession, the commons continued to carry their scrutiny

into every part of government. In some particulars, their industry was

laudable; in some, it may be liable to censure.

A little after writs were issued for summoning this parliament, a

commission had been granted to Sir Thomas Coventry, lord keeper, the

earl of Marlborough, treasurer, the earl of Manchester, president of the

council, the earl of Worcester, privy seal, the duke of Buckingham, high

admiral, and all the considerable officers of the crown; in the whole,

thirty-three. By this commission, which, from the number of persons

named in it, could be no secret, the commissioners were empowered to

meet, and to concert among themselves the methods of levying money by

impositions, or otherwise; "Where form and circumstance," as expressed

in the commission, "must be dispensed with, rather than the substance

be lost or hazarded."[*] In other words, this was a scheme for finding

expedients which might raise the prerogative to the greatest height, and

render parliaments entirely useless. The commons applied for cancelling

the commission;[**] and were, no doubt, desirous that all the world

should conclude the king's principles to be extremely arbitrary,

and should observe what little regard he was disposed to pay to the

liberties and privileges of his people.

* Rushworth, vol. i. p. 614. Parl. Hist. vol. viii. p. 214.

** Journ. 13th June, 1628.

A commission had likewise been granted, and some money remitted, in

order to raise a thousand German horse, and transport them into England.

These were supposed to be levied in order to support the projected

impositions or excises, though the number seems insufficient for such a

purpose,[*] The house took notice of this design in severe terms: and no

measure, surely, could be projected more generally odious to the whole

nation. It must, however, be confessed, that the king was so far

right, that he had now at last fallen on the only effectual method for

supporting his prerogative. But at the same time, he should have been

sensible that, till provided with a sufficient military force, all his

attempts in opposition to the rising spirit of the nation, must in

the end prove wholly fruitless; and that the higher he screwed up the

springs of government, while he had so little real power to retain them

in that forced situation, with more fatal violence must they fly out,

when any accident occurred to restore them to their natural action.

The commons next resumed their censure of Buckingham's conduct and

behavior, against whom they were implacable. They agreed to present

a remonstrance to the king, in which they recapitulated all national

grievances and misfortunes, and omitted no circumstance which could

render the whole administration despicable and odious. The compositions

with Catholics, they said, amounted to no less than a toleration,

hateful to God, full of dishonor and disprofit to his majesty, and of

extreme scandal and grief to his good people: they took notice of the

violations of liberty above mentioned, against which the petition of

right seems to have provided a sufficient remedy: they mentioned the

decay of trade, the unsuccessful expeditions to Cadiz and the Isle

of Rhé, the encouragement given to Arminians, the commission for

transporting German horse, that for levying illegal impositions; and all

these grievances they ascribed solely to the ill conduct of the duke of

Buckingham.[**] This remonstrance was, perhaps, not the less provoking

to Charles, because, joined to the extreme acrimony of the subject,

there were preserved in it, as in most of the remonstrances of that age,

an affected civility and submission in the language. And as it was the

first return which he met with for his late beneficial concessions, and

for his sacrifices of prerogative,--the greatest by far ever made by an

English sovereign,--nothing could be more the object of just and natural

indignation.

* Rushworth, vol. i. p. 612.

** Rushworth, vol. i. p. 619. Parl. Hist. vol viii. p. 219,

220, etc.

It was not without good grounds that the commons were so fierce and

assuming. Though they had already granted the king the supply of five

subsidies, they still retained a pledge in their hands, which they

thought insured them success in all their applications. Tonnage and

poundage had not yet been granted by parliament; and the commons had

artfully, this session, concealed their intention of invading that

branch of revenue, till the royal assent had been obtained to the

petition of right, which they justly deemed of such importance. They

then openly asserted, that the levying of tonnage and poundage without

consent of parliament, was a palpable violation of the ancient liberties

of the people, and an open infringement of the petition of right, so

lately granted.[*] The king, in order to prevent the finishing and

presenting this remonstrance, came suddenly to the parliament, and ended

this session by a prorogation.[**]

* Rushworth, vol. i. p. 628. Journ. 18th 20th June, 1628.

** Journ, 26th June, 1628.

Being freed for some time from the embarrassment of this assembly,

Charles began to look towards foreign wars, where all his efforts were

equally unsuccessful as in his domestic government. The earl of Denbigh,

brother-in-law to Buckingham, was despatched to the relief of Rochelle,

now closely besieged by land, and threatened with a blockade by sea: but

he returned without effecting any thing; and having declined to attack

the enemy's fleet, he brought on the English arms the imputation either

of cowardice or ill conduct. In order to repair this dishonor, the duke

went to Portsmouth, where he had prepared a considerable fleet and army,

on which all the subsidies given by parliament had been expended. This

supply had very much disappointed the king's expectations. The same

mutinous spirit which prevailed in the house of commons had diffused

itself over the nation; and the commissioners appointed for making the

assessments had connived at all frauds which might diminish the supply,

and reduce the crown to still greater necessities. This national

discontent, communicated to a desperate enthusiast, soon broke out in an

event which may be considered as remarkable.

There was one Felton, of a good family, but of an ardent, melancholic

temper, who had served under the duke in the station of lieutenant.

His captain being killed in the retreat at the Isle of Rhé, Felton

had applied for the company; and when disappointed, he threw up his

commission, and retired in discontent from the army. While private

resentment was boiling in his sullen, unsociable mind, he heard the

nation resound with complaints against the duke; and he met with the

remonstrance of the commons, in which his enemy was represented as the

cause of every national grievance, and as the great enemy of the public.

Religious fanaticism further inflamed these vindictive reflections; and

he fancied that he should do Heaven acceptable service, if at one blow

he despatched this dangerous foe to religion and to his country.[*] Full

of these dark views, he secretly arrived at Portsmouth at the same time

with the duke, and watched for an opportunity of effecting his bloody

purpose.

* May's Hist. of the Parliament, p. 12.

Buckingham had been engaged in conversation with Soubize and other

French gentlemen; and a difference of sentiment having arisen, the

dispute, though conducted with temper and decency, had produced some of

those vehement gesticulations and lively exertions of voice, in which

that nation, more than the English, are apt to indulge themselves. The

conversation being finished, the duke drew towards the door; and in that

passage, turning himself to speak to Sir Thomas Friar, a colonel in the

army, he was on the sudden, over Sir Thomas's shoulder, struck upon the

breast with a knife. Without uttering other words than, "The villain has

killed me," in the same moment pulling out the knife, he breathed his

last.

No man had seen the blow, nor the person who gave it, but in the

confusion every one made his own conjecture; and all agreed that the

murder had been committed by the French gentlemen whose angry tone of

voice had been heard, while their words had not been understood by the

bystanders. In the hurry of revenge, they had instantly been put to

death, had they not been saved by some of more temper and judgment,

who, though they had the same opinion of their guilt, thought proper to

reserve them for a judicial trial and examination.

Near the door there was found a hat, in the inside of which was sewed a

paper, containing four or five lines of that remonstrance of the commons

which declared Buckingham an enemy to the kingdom; and under these lines

was a short ejaculation, or attempt towards a prayer. It was easily

concluded that this hat belonged to the assassin: but the difficulty

still remained, who that person should be; for the writing discovered

not the same; and whoever he was, it was natural to believe that he had

already fled far enough not to be found without a hat.

In this hurry, a man without a hat was seen walking very composedly

before the door. One crying out, "Here is the fellow who killed the

duke;" every body ran to ask, "Which is he?" The man very sedately

answered, "I am he." The more furious immediately rushed upon him with

drawn swords: others, more deliberate, defended and protected him: he

himself, with open arms, calmly and cheerfully exposed his breast to the

swords of the most enraged; being willing to fall a sudden sacrifice to

their anger, rather than be reserved for that public justice which he

knew must be executed upon him.

He was now known to be that Felton who had served in the army. Being

carried into a private room, it was thought proper so far to dissemble

as to tell him, that Buckingham was only grievously wounded, but not

without hopes of recovery. Felton smiled, and told them, that the duke,

he knew full well, had received a blow which had terminated all their

hopes. When asked at whose instigation he had performed the horrid deed,

he replied, that they needed not to trouble themselves in that inquiry;

that no man living had credit enough with him to have disposed him to

such an action; that he had not even intrusted his purpose to any one;

that the resolution proceeded only from himself, and the impulse of

his own conscience; and that his motives would appear, if his hat were

found; for that, believing he should perish in the attempt, he had there

taken care to explain them.[*]

When the king was informed of this assassination, he received the

news in public with an unmoved and undisturbed countenance; and the

courtiers, who studied his looks, concluded, that secretly he was

not displeased to be rid of a minister so generally odious to the

nation.[**]

* Clarendon, vol. i. p. 27, 20.

** Warwick, p. 34.

But Charles's command of himself proceeded entirely from the gravity and

composure of his temper. He was still as much as ever attached to

his favorite; and during his whole life he retained an affection for

Buckingham's friends, and a prejudice against his enemies. He urged too,

that Felton should be put to the question, in order to extort from him a

discovery of his accomplices; but the judges declared, that though that

practice had formerly been very usual, it was altogether illegal: so

much reasoners, with regard to law, had they become from the jealous

scruples of the house of commons.

Meanwhile the distress of Rochelle had risen to the utmost extremity.

That vast genius of Richelieu, which made him form the greatest

enterprises, led him to attempt their execution by means equally great

and extraordinary. In order to deprive Rochelle of all succor, he had

dared to project the throwing across the harbor a mole of a mile's

extent in that boisterous ocean; and having executed his project, he now

held the town closely blockaded on all sides. The inhabitants, though

pressed with the greatest rigors of famine, still refused to submit;

being supported, partly by the lectures of their zealous preachers,

partly by the daily hopes of relief from England. After Buckingham's

death, the command of the fleet and army was conferred on the earl of

Lindesey; who, arriving before Rochelle, made some attempts to break

through the mole, and force his way into the harbor: but by the delays

of the English, that work was now fully finished and fortified; and

the Rochellers, finding their last hopes to fail them, were reduced

to surrender at discretion, even in sight of the English admiral.

Of fifteen thousand persons shut up in the city, four thousand alone

survived the fatigues and famine which they had undergone.[*]

* Rushworth, vol. 1. p. 636.

This was the first necessary step towards the prosperity of France.

Foreign enemies, as well as domestic factions, being deprived of this

resource, that kingdom began now to shine forth in its full splendor. By

a steady prosecution of wise plans, both of war and policy, it gradually

gained an ascendant over the rival power of Spain; and every order of

the state, and every sect, were reduced to pay submission to the lawful

authority of the sovereign. The victory, however, over the Hugonots, was

at first pushed by the French king with great moderation. A toleration

was still continued to them; the only avowed and open toleration which

at that time was granted in any European kingdom.

{1629.} The failure of an enterprise in which the English nation,

from religious sympathy, so much interested themselves, could not but

diminish the king's authority in the parliament during the approaching

session: but the commons, when assembled, found many other causes of

complaint. Buckingham's conduct and character with some had afforded a

reason, with others a pretence, for discontent against public measures

but after his death there wanted not new reasons and new pretences for

general dissatisfaction. Manwaring's pardon and promotion were taken

notice of: Sibthorpe and Cosins, two clergymen, who, for like reasons,

were no less obnoxious to the commons, had met with like favor from

the king: Montague, who had been censured for moderation towards

the Catholics, the greatest of crimes, had been created bishop of

Chichester. They found likewise, upon inquiry, that all the copies of

the petition of right which were dispersed, had, by the king's orders,

annexed to them the first answer, which had given so little satisfaction

to the commons;[*] an expedient by which Charles endeavored to persuade

the people that he had nowise receded from his former claims and

pretensions, particularly with regard to the levying of tonnage and

poundage. Selden also complained in the house, that one Savage, contrary

to the petition of right, had been punished with the loss of his ears,

by a discretionary or arbitrary sentence of the star chamber:[**] so apt

were they, on their part, to stretch the petition into such consequences

as might deprive the crown of powers which, from immemorial custom, were

supposed inherent in it.

But the great article on which the house of commons broke with the king,

and which finally created in Charles a disgust to all parliaments,

was their claim with regard to tonnage and poundage. On this occasion,

therefore, it is necessary to give an account of the controversy.

The duty of tonnage and poundage, in more ancient times, had been

commonly a temporary grant of parliament; but it had been conferred

on Henry V., and all the succeeding princes, during life, in order to

enable them to maintain a naval force for the defence of the kingdom.

The necessity of levying this duty had been so apparent, that each king

had ever claimed it from the moment of his accession; and the first

parliament of each reign had usually by vote conferred on the prince

what they found him already in possession of. Agreeably to the

inaccurate genius of the old constitution, this abuse, however

considerable, had never been perceived nor remedied; though nothing

could have been easier than for the parliament to have prevented

it.[***]

* State Trials, vol. vii. p. 216. Rushworth, vol. i. p. 643.

** State Trials, vol. vii. p. 216. Parl. Hist. vol. viii. p.

246.

*** Parl. Hist. vol. viii. p. 339, 343.

By granting this duty to each prince during his own life, and for a

year after his demise to the successor, all inconveniencies had been

obviated; and yet the duty had never for a moment been levied without

proper authority. But contrivances of that nature were not thought of

during those rude ages; and as so complicated and jealous a government

as the English cannot subsist without many such refinements, it is easy

to see how favorable every inaccuracy must formerly have proved to

royal authority, which, on all emergencies, was obliged to supply, by

discretionary power, the great deficiency of the laws.

The parliament did not grant the duty of tonnage and poundage to Henry

VIII. till the sixth of his reign: yet this prince, who had not then

raised his power to its greatest height, continued during that whole

time to levy the imposition; the parliament, in their very grant, blame

the merchants who had neglected to make payment to the crown; and though

one expression of that bill may seem ambiguous, they employ the plainest

terms in calling tonnage and poundage the king's due, even before that

duty was conferred on him by parliamentary authority.[*] Four reigns,

and above a whole century, had since elapsed; and this revenue had

still been levied before it was voted by parliament: so long had the

inaccuracy continued, without being remarked or corrected.

During that short interval which passed between Charles's accession and

his first parliament, he had followed the example of his predecessors;

and no fault was found with his conduct in this particular. But what was

most remarkable in the proceedings of that house of commons, and what

proved beyond controversy that they had seriously formed a plan for

reducing their prince to subjection, was, that instead of granting this

supply during the king's lifetime, as it had been enjoyed by all his

immediate predecessors, they voted it only for a year; and, after that

should be elapsed, reserved to themselves the power of renewing or

refusing the same concession.[**] But the house of peers, who saw that

this duty was now become more necessary than ever to supply the growing

necessities of the crown, and who did not approve of this encroaching

spirit in the commons, rejected the bill; and the dissolution of that

parliament followed so soon after, that no attempt seems to have been

made for obtaining tonnage and poundage in any other form.[***] [3]

* 6 Henry VIII. cap. 14.

** Journ. 5th July, 1625.

*** See note C, at the end of the volume.

Charles, meanwhile, continued still to levy this duty by his own

authority, and the nation was so accustomed to that exertion of royal

power, that no scruple was at first entertained of submitting to it. But

the succeeding parliament excited doubts in every one. The commons

took there some steps towards declaring it illegal to levy tonnage and

poundage without consent of parliament; and they openly showed their

intention of employing this engine, in order to extort from the crown

concessions of the most important nature. But Charles was not yet

sufficiently tamed to compliance; and the abrupt dissolution of that

parliament, as above related, put an end, for the time, to their further

pretensions.

The following interval between the second and third parliament, was

distinguished by so many exertions of prerogative, that men had little

leisure to attend to the affair of tonnage and poundage, where the abuse

of power in the crown might seem to be of a more disputable nature. But

after the commons, during the precedent session, had remedied all these

grievances by means of their petition of right, which they deemed

so necessary, they afterwards proceeded to take the matter into

consideration, and they showed the same intention as formerly,

of exacting, in return for the grant of this revenue, very large

compliances on the part of the crown. Their sudden profulgation

prevented them from bringing their pretensions to a full conclusion.

When Charles opened this session, he had foreseen that the same

controversy would arise; and he therefore took care very early, among

many mild and reconciling expressions, to inform the commons, "That

he had not taken these duties as appertaining to his hereditary

prerogative; but that it ever was, and still is, his meaning to enjoy

them as a gift of his people: and that, if he had hitherto levied

tonnage and poundage he pretended to justify himself only by the

necessity of so doing, not by any right which he assumed."[*]

* Rushworth, vol. i. p. 644 Parl. Hist. vol. viii. p. 256,

346.

This concession, which probably arose from the king's moderate temper,

now freed from the impulse of Buckingham's violent counsels, might have

satisfied the commons, had they entertained no other view than that of

ascertaining their own powers and privileges. But they carried their

pretensions much higher. They insisted, as a necessary preliminary, that

the king should once entirely desist from levying these duties; after

which they were to take it into consideration, how far they would

restore, him to the possession of a revenue of which he had clearly

divested himself. But, besides that this extreme rigor had never

been exercised towards any of his predecessors, and many obvious

inconveniencies must follow from the intermission of the customs, there

were other reasons which deterred Charles from complying with so hard

a condition. It was probable, that the commons might renew their former

project of making this revenue only temporary, and thereby reducing

their prince to perpetual dependence; they certainly would cut off the

new impositions which Mary and Elizabeth, but especially James, had

levied, and which formed no despicable part of the public revenue:

and they openly declared, that they had at present many important

pretensions, chiefly with regard to religion; and if compliance were

refused, no supply must be expected from the commons.

It is easy to see in what an inextricable labyrinth Charles was now

involved. By his own concessions, by the general principles of the

English government, and by the form of every bill which had granted this

duty, tonnage and poundage was derived entirely from the free gift of

the people; and, consequently, might be withdrawn at their pleasure. If

unreasonable in their refusal, they still refused nothing but what was

their own. If public necessity required this supply, it might be thought

also to require the king's compliance with those conditions which were

the price of obtaining it. Though the motive for granting it had been

the enabling of the king to guard the seas, it did not follow, that

because he guarded the seas, he was therefore entitled to this revenue

without further formality: since the people had still reserved to

themselves the right of judging how far that service merited such a

supply. But Charles, notwithstanding his public declaration, was

far from assenting to this conclusion in its full extent. The plain

consequence, he saw, of all these rigors, and refinements, and

inferences, was, that he, without any public necessity, and without any

fault of his own, must of a sudden, even from his accession, become a

magistrate of a very different nature from any of his predecessors, and

must fall into a total dependence on subjects over whom former kings,

especially those immediately preceding, had exercised an authority

almost unlimited. Entangled in a chain of consequences which he could

not easily break, he was inclined to go higher, and rather deny the

first principle, than admit of conclusions which to him appeared so

absurd and unreasonable. Agree-* to the ideas hitherto entertained both

by natives and foreigners, the monarch he esteemed the essence and

soul of the English government: and whatever other power pretended to

annihilate or even abridge, the royal authority, must necessarily, he

thought, either in its nature or exercise, be deemed no better than a

usurpation. Willing to preserve the ancient harmony of the constitution,

he had ever intended to comply as far as he easily could, with the

ancient forms of administration; but when these forms appeared to him,

by the inveterate obstinacy of the commons, to have no other tendency

than to disturb that harmony, and to introduce a new constitution, he

concluded that, in this violent situation, what was subordinate must

necessarily yield to what was principal, and the privileges of the

people, for a time, give place to royal prerogative. From the rank of

a monarch, to be degraded into a slave of his insolent, ungrateful

subjects, seemed of all indignities the greatest; and nothing, in his

judgment, could exceed the humiliation attending such a state, but the

meanness of tamely submitting to it, without making some efforts to

preserve the authority transmitted to him by his predecessors.

Though these were the king's reflections and resolutions before the

parliament assembled, he did not immediately break with them upon their

delay in voting him this supply. He thought that he could better justify

any strong measure which he might afterwards be obliged to take, if he

allowed them to carry to the utmost extremities their attacks upon his

government and prerogative.[*] He contented himself, for the present,

with soliciting the house by messages and speeches. But the commons,

instead of hearkening to his solicitations proceeded to carry their

scrutiny into his management of religion,[**] which was the only

grievance to which, in their opinion, they had not as yet, by their

petition of right, applied a sufficient remedy.

* Rushworth, vol. i. p. 642.

** Rushworth, vol. i. p. 651. Whitlocke, p. 12.

It was not possible that this century, so fertile in religious sects

and disputes, could escape the controversy concerning fatalism and free

will, which, being strongly interwoven both with philosophy and theology

had, in all ages, thrown every school and every church into such

inextricable doubt and perplexity. The first reformers in England, as

in other European countries, had embraced the most rigid tenets of

predestination and absolute decrees, and had composed upon that, system

all the articles of their religious creed. But these principles having

met with opposition from Arminius and his sectaries, the controversy

was soon brought into this island and began here to diffuse itself. The

Arminians, finding more encouragement from the superstitious spirit

of the church than from the fanaticism of the Puritans, gradually

incorporated themselves with the former; and some of that sect, by the

indulgence of James and Charles, had attained the highest preferments in

the hierarchy. But their success with the public had not been altogether

answerable to that which they met with in the church and the court.

Throughout the nation, they still lay under the reproach of innovation

and heresy. The commons now levelled against them their formidable

censures, and made them the objects of daily invective and declamation.

Their protectors were stigmatized; their tenets canvassed; their views

represented as dangerous and pernicious. To impartial spectators surely,

if any such had been at that time in England, it must have given great

entertainment to see a popular assembly, inflamed with faction

and enthusiasm, pretend to discuss questions to which the greatest

philosophers, in the tranquillity of retreat, had never hitherto been

able to find any satisfactory solution.

Amidst that complication of disputes in which men were then involved,

we may observe, that the appellation "Puritan" stood for three parties,

which, though commonly united, were yet actuated by very different

views and motives. There were the political Puritans, who maintained

the highest principles of civil liberty; the Puritans in discipline, who

were averse to the ceremonies and Episcopal government of the church;

and the doctrinal Puritans, who rigidly defended the speculative system

of the first reformers. In opposition to all these stood the court

party, the hierarchy, and the Arminians; only with this distinction,

that the latter sect, being introduced a few years before, did not

as yet comprehend all those who were favorable to the church and to

monarchy. But, as the controversies on every subject grew daily warmer,

men united themselves more intimately with their friends, and separated

themselves wider from their antagonists; and the distinction gradually

became quite uniform and regular.

This house of commons, which, like all the preceding, during the reigns

of James and Charles, and even of Elizabeth, was much governed by the

Puritanical party, thought that they could not better serve their cause

than by branding and punishing the Arminian sect, which, introducing an

innovation in the church, were the least favored and least powerful of

all their antagonists. From this measure, it was easily foreseen, that,

besides gratifying the animosity of the doctrinal Puritans, both the

Puritans in discipline and those in politics would reap considerable

advantages. Laud, Neile, Montague, and other bishops, who were the chief

supporters of Episcopal government, and the most zealous partisans of

the discipline and ceremonies of the church, were all supposed to be

tainted with Arminianism. The same men and their disciples were the

strenuous preachers of passive obedience, and of entire submission to

princes; and if these could once be censured, and be expelled the church

and court, it was concluded, that the hierarchy would receive a mortal

blow, the ceremonies be less rigidly insisted on, and the king, deprived

of his most faithful friends, be obliged to abate those high claims of

prerogative on which at present he insisted.

But Charles, besides a view of the political consequences which must

result from a compliance with such pretensions, was strongly determined,

from principles of piety and conscience, to oppose them. Neither the

dissipation incident to youth, nor the pleasures attending a high

fortune, had been able to prevent this virtuous prince from embracing

the most sincere sentiments of religion: and that character, which in

that religious age should have been of infinite advantage to him, proved

in the end the chief cause of his ruin; merely because the religion

adopted by him was not of that precise mode and sect which began to

prevail among his subjects. His piety, though remote from Popery, had a

tincture of superstition in it; and, being averse to the gloomy

spirit of the Puritans, was represented by them as tending towards the

abominations of Antichrist. Laud also had unfortunately acquired a great

ascendant over him; and as all those prelates obnoxious to the commons,

were regarded as his chief friends and most favored courtiers, he was

resolved not to disarm and dishonor himself by abandoning them to the

resentment of his enemies. Being totally unprovided with military

force, and finding a refractory, independent spirit to prevail among the

people, the most solid basis of his authority, he thought consisted in

the support which he received from the hierarchy.

In the debates of the commons, which are transmitted to us, it is

easy to discern so early some sparks of that enthusiastic fire which

afterwards set the whole nation in combustion. One Rouse made use of

an allusion which, though familiar seems to have been borrowed from the

writings of Lord Bacon.[*] "If a man meet a dog alone," said he, "the

dog is fearful, though ever so fierce by nature: but if the dog have

his master with him, he will set upon that man from whom he fled before.

This shows, that lower natures, being backed by higher, increase in

courage and strength; and certainly man, being backed with Omnipotency,

is a kind of omnipotent creature. All things are possible to him

that believes; and where all things are possible, there is a kind of

omnipotency. Wherefore, let it be the unanimous consent and resolution

of us all, to make a vow and covenant henceforth to hold fast our God

and our religion; and then shall we henceforth expect with certainty

happiness in this world."[**]

Oliver Cromwell, at that time a young man of no account in the nation,

is mentioned in these debates, as complaining of one who, he was told,

preached flat Popery.[***] It is amusing to observe the first words of

this fanatical hypocrite correspond so exactly to his character.

The inquiries and debates concerning tonnage and poundage went hand in

hand with these theological or metaphysical controversies. The officers

of the custom-house were summoned before the commons, to give an account

by what authority they had seized the goods of merchants who had

refused to pay these duties: the barons of the exchequer were questioned

concerning their decrees on that head.[****] One of the sheriffs of

London was committed to the Tower for his activity in supporting the

officers of the custom-house: the goods of Rolles, a merchant, and

member of the house, being seized for his refusal to pay the duties,

complaints were made of this violence as if it were a breach of

privilege:[v] Charles supported his officers in all these measures;

and the quarrel grew every day higher between him and the commons.[v*]

Mention was made in the house of impeaching Sir Richard Weston the

treasurer;[v**] and the king began to entertain thoughts of finishing

the session by a dissolution.

* Essay of Atheism.

** Rushworth, vol. i. p. 646. Parl. Hist. vol. viii. p. 260.

*** Rushworth, vol. i. p. 655. Parl. Hist. vol. viii. p.

289.

**** Rushworth, vol. i. p. 654. Parl. Hist. vol. viii. p.

301.

v Rushworth, vol. i. p. 653.

v* Rushworth, vol. i. p. 659.

v** Parl. Hist. vol. viii. p. 326.

Sir John Elliot framed a remonstrance against levying tonnage and

poundage without consent of parliament, and offered it to the clerk to

read. It was refused. He read it himself. The question being then called

for, the speaker, Sir John Finch, said, "That he had a command from the

king to adjourn, and to put no question;"[*] upon which he rose and left

the chair. The whole house was in an uproar. The speaker was pushed back

into the chair, and forcibly held in it by Hollis and Valentine, till a

short remonstrance was framed, and was passed by acclamation rather than

by vote. Papists and Arminians were there declared capital enemies to

the commonwealth. Those who levied tonnage and poundage were branded

with the same epithet. And even the merchant who should voluntarily pay

these duties, were denominated betrayers of English liberty, and public

enemies. The doom, being locked, the gentleman usher of the house of

lords, who was sent by the king, could not get admittance till this

remonstrance was finished. By the king's order, he took the mace from

the table, which ended their proceedings,[**] and a few days after the

parliament was dissolved.

The discontents of the nation ran high, on account of this violent

rupture between the king and parliament. These discontents Charles

inflamed by his affectation of a severity which he had not power, nor

probably inclination, to carry to extremities. Sir Miles Hobart, Sir

Peter Heyman, Selden, Coriton, Long, Strode, were committed to prison on

account of the last tumult in the house, which was called sedition.[***]

* The king's power of adjourning, as well as proroguing the

parliament, was and is never questioned. In the nineteenth

of the late king, the judges determined, that the

adjournment by the king kept the parliament in statu quo

until the next sitting, but that then no committees were to

meet; but if the adjournment be by the house then the

committees and other matters do continue. Parl. Hist, vol v.

p. 466.

** Rushworth, vol. i. p. 660. Whitlocke, p. 12.

*** Rushworth, vol. i. p. 661, 681. Parl. Hist. vol. viii.

p. 354 May, p. 13

With great difficulty, and after several delays, they were released; and

the law was generally supposed to be wrested in order to prolong their

imprisonment. Sir John Elliot, Hollis, and Valentine, were summoned to

their trial in the king's bench, for seditious speeches and behavior in

parliament; but refusing to answer before an inferior court for their

conduct as members of a superior, they were condemned to be imprisoned

during the king's pleasure, to find sureties for their good behavior,

and to be fined, the two former a thousand pounds apiece, the latter

five hundred.[*] This sentence, procured by the influence of the

crown, served only to show the king's disregard to the privileges

of parliament, and to acquire an immense stock of popularity to the

sufferers who had so bravely, in opposition to arbitrary power, defended

the liberties of their native country. The commons of England, though

an immense body, and possessed of the greater part of national property,

were naturally somewhat defenceless, because of their personal

equality, and their want of leaders: but the king's severity, if these

prosecutions deserve the name, here pointed out leaders to them, whose

resentment was inflamed, and whose courage was nowise daunted, by the

hardships which they had undergone in so honorable a cause.

So much did these prisoners glory in their sufferings, that, though they

were promised liberty on that condition, they would not condescend even

to present a petition to the king, expressing their sorrow for having

offended him.[**] They unanimously refused to find sureties for their

good behavior, and disdained to accept of deliverance on such easy

terms. Nay, Hollis was so industrious to continue his meritorious

distress, that when one offered to bail him, he would not yield to the

rule of court, and be himself bound with his friend. Even Long, who

had actually found sureties in the chief justice's chamber, declared in

court that his sureties should no longer continue.[***] Yet because Sir

John Elliot Happened to die while in custody, a great clamor was raised

against the administration; and he was universally regarded as a martyr

to the liberties of England.[****]

* Rushworth, vol. i. p. 684, 691.

** Whitlocke, p. *13.

*** Kennet vol. iii. p. 49.

**** Rushworth, vol. v. p. 440.

The History of England in Three Volumes, Vol. I., Part E. From Charles I. to Cromwell · 第 2 / 18 章