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With he openly and avowedly violated theif

privileges,

*' doubted right and inheritance; but could rather have "wished, that ye had faid, that your privileges were1 '' derived from the grace and permission ot our ancestors, "and us ', for most of them grow from precedents^ "which shews rather a toleration than inheritance."

At this the commons were alarmed; and therefore solemnly protested that the liberties, franchises, privileges and jurisdictions of parliament, are the antient and undoubted birthright and inheritance of the subjects of England; that the affairs of church and state are proper subjects of counsel and debate in parliament; triat in! handling of them every member ought to have freedom! of speech; and that they are not to be impeached, molested or imprisoned for the fame, without the advice and assent os all the commons assembled in parliament. But this protest had no effect on the king. His anger was not abated, he grew not more calm or considerate^ but in full assembly of his council, and in the presence of the judges declared the faid protestation to.be invalid, void, and of no effect; and did surther manu sua propria, take the faid protestation' out of the journal book of the clerk of the commons house of parliament (e)—— (,) fniffa With reason then did I fay, that 'fames treated his par- lin» Pliarnents, in many cafes, most contemptuously ; ai'id'R2|^w^'rfj] even a parliament,- concerning which he himself had Vol. I. p. declared, that a part of it, " the houseof commons, had"tf^S** "shewed greater love, and used him with more respect "in all their proceedings ; than ever any house of com* "rr.ons had hitherto done to him, or, as he thought, "to any of his predecessors." (f) Their love and re— (/) RufTispect were requited by language destitute .of all civility"7°£m. and politeness, and they were threatened, bullied, and insulted. Yea, what Was more extraordinary was, that a new doctrine was broached by 'James, that the privileges and liberties of parliament, with respect to the commons, were derived from the crown, and wete .rather matters of toleration, than inheritance :. This

O struck

privileges, by imprisoning, and otherwise grieving such of their members as had j uuu"]

dared

struck directly at their rights and privileges, and was that which they had the greatest reason to resent. For if they were deiived from the crown, and were things barely tolerated by it, they might be abrogated and de-. stroyed ; and consequently the constitution might be altered, and despotism take place. But James was mistaken with regard to the foundation of the privileges and rights of the house of commons. They flowed not from the grace of our kings; but were coæval with our con(?) See Sir stitution; as some of our best writers (g) have shewn kns'i Ot- in opPos!t:ion to those ecclesiastical, or court parasites, er, juriidic- who vainly strove to persuade the world of the contrary. tinn, and May they be perpetual! may all Our princes think it r"li m»nt° tlieir duty and interest inviolably to preserve them ; and toi. Und.' may they be used so as to secure the liberties, the rights '6V> and the welfare of the meanest individual.

Sydney <n government,

p. 379. sol. [uuu] He violated the privileges of parliament, by Lond. 169S. imprisoning and otherwise grieving such of the memriTof l"w*""^ers as na<^ ac^cd in the house difagreeable to his will.]. Vol. I. p. We have heard James in the foregoing note, declaring 230. and tnat jie nieant not to spare punishing any man's behahe°nd'Vco!- viour i" parliament, which should be insolent. By injections., p. solent, 1 suppose he meant unacceptable, or difagree*S- able to himself or minister, how beneficial soever it

might be, or intended to be to the public. For 'tis the manner of princes bent on establishing their own wicked wills, in contradiction to law and the common good, to give odious names to the actions of the sons of li-. berty, and brand them with ignominious titles.

However, James sully made good his threats. He punished those who were for assisting the protestants abroad, for breaking with Spain, and making a'marriage for prince Charles with one of their own religion. For soon after his tearing the protestation of the commons out of the journal book with his own hand, he dissolved

the

dared to speak contrary to his mind in the

house j

the parliament, and " committed Sir Edward Cookt ** and Sir Robert Philips to the Tower; Mr. Selden* "Mr. Pym, and Mr. Mallory, to other prisons and "confinements. Likewise Sir Dudley Diggs, and Sir "Thomas Crew, Sir Nathaniel Rich, and Sir James "Perrot, for punishment were sent into Ireland, to "enquire into sundry matters concerning his majesty's "service." (h) 'This was a direct breach of the privi- ^ "u*',

1 c i.V i- /i r £ .,worth, Vol.

leges of the parliament as every one must lee. for if j. p. 55.
the members of it are liable to be called to an account Franklin,
and punished for what they may have spoken, by any butp'
the body to which they belong, the freedom of it
ceases, and it no longer has that power and indepen-
dency which is allotted to it by the constitution. But
the violating the privileges of parliament was no new
thing to James, For having dissolved the parliament
in 1614, " it pleased him the very next morning to
"call to examination, before the lords of his council,
"divers members of the house of commons, for some
"speeches better becoming a senate of Venice, where
"the treaters are perpetual princes, than where those
"that speak so irreverently, are so soon to return,
"(which they should remember) to the natural capaci-
"ty of subjects. Of these examinants four are com-
"mitted close prisoners to the Tower: 1. Sir Walter
"Chute. 2. John Hofkyns" (a man of great parts,
learning and merit, who lay in prison a sull year,
where he was intimate with Sir Walter Raleigh, and
revised his history, and where he wrote the following
lines to his little child Benjamin.

Sweet Benjamin, since thou art young,
And hast not yet the use of tongue,
Make it thy slave while thou art free,
Imprison it, lest it do thee.)

O 2 3. One

house j to their no small loss and damages.

Nor

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3. Qne TVentworth, a lawyer. 4. Mr. Christopher (<) Reliquiæ" Nevil, second son to my lord of Abcrgaveny" (r) WottonU- Indeed the principle on which James set out was that of -08 pa'nd31 crushing the freedom and privileges of parliament. For Wood's' in his proclamation for calling his first parliament, " he AthenæOx ct gave order what fort of men, and how qualified, VoTV' "should be chosen by the commons; and concludes, col. 614. "we notify by these presents, that all returns and cer"tificates of knights, citizens and burgesses, ought, "and are to be brought to the court of chancery, and "there to be filed upon record ; and if any be found to *' be made contrary to'this proclamation, the fame is to "be rejected as unlawsul, and insufficient, and the city "or borough to be fined for the fame; and if it be "found that they have committed any gross or wilful "default or contempt in the election, return or certifi"cate, that then their liberties, according to the law, ".are to be seized as forfeited: and if any person take '• upon himthe place of a knight, citizen or burgess, "net being duly elected and sworn, according to the '' laws and statutes in that behalf provided, and accor"ing to the purport, effect and true meaning of this "our proclamation, then every person so offending, (,0G'ke, ** to be fined and imprisoned for the fame." (k) As Vol. I. p. foon as tne members Were chosen, James shewed his authority by vacating the election of Sir Francis Goodwin, knight of the shire tor Buckingham, (under pretence of his having been outlawed) and sending a new writ, in virtue whereof Sir John Fcrtefme was chosen, '• notwithstanding (fays lord Cecyll, in a letter to Mr. "Winwood, dated April 12, 1604.) the lower house '( having had notice that he was once chosen, and hav"ing found that the outlawry was pardoned in effect, "by his majesty's general pardon upon his inaugura"tion (although in true construction of law he is not "rcElus in curia, until he hath sued out his Scirefacias) "they somewhat suddenly, fearing some opposition "(which was never intended) allowed of him, and re"jected the other; which form of proceeding appeared

"harsh

Nor did he behave better with regard

"harsh to the king rather in form than matter. And

"therefore being ihen desirous that the higher house

"might have some conserence with the lower house,

".(which as we of ourselves did intimate unto them)

"they grew jealous of that proposition,' as a matter

"whi-h they mifliked to yield to a fter ajudgment; and

"therefore did rather chuse to send to the king, that

"they would be glad to shew himself the reasons (to

** whom they owed all.duty as their sovereign) rather

"than to any other, taking it somewhat derogative

"from their house, to attribute any superiority to the .

"higher house, seeing both houses make but one body,

"whereof the king is the head. This being done after

** two conserences, in the presence of the king, the

"council and judges, the matter was compounded

"to all men's liking ; wherein that which is due is only.

"due to Cæfar; for, but for his wisdom and dexte

"rity, it could not have had any conclusion, with so

"general an applause; this being found by debate, to

"be most certaine, namely, that neither of them both

"were duely returned, and therefore resolved of-all

"parties, that a new writ should go forth by warrant

"from the speaker, wherein none of them should

"stand to be elected; and so much for the truth of

"that cause." (/) This is the representation of aC^'"',

r -ii • L i i • j c i wood, Vol;

courtier. I will give the reader the judgment or then^.p,,«. house of commons on this fame affair, and leave it with

him to form his opinion. "For the matter of St.

"Francis Goodwin chosen -for Buch, (fay they) we "were, and still are of a clear opinion, that the free"dom of election was in that action extreamly in"jured.

"That, by the fame right, it might be at all times "in a, lord chancellor's power to reverse, deseat, erect, "or substitute, all the elections and persons elected, "over all the realm; neither thought we that the "judges opinions (which yet in due place we greatly O 3 "reve

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