CHARLES I. 1625-1649. The commons bound to watch the measures of the executive. 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, re member it "."" The constitution had recognised, that the commons were not only entitled, but bound, to watch the measures of the executive; as disposing of the public money, they were imperiously called upon to inquire into the causes of every demand, and to be satisfied, not only of its necessity, and of the integrity of the ministers to devote it to its legitimate object, but of their ability to employ it to the best advantage3. Though precedents were pleaded in favour of the king's measures, a considerable difference, upon comparison, was yet liberty exist. observed between the cases. Acts of power, however irregular, might casually, and at intervals, be exercised by a prince for the sake of dispatch and expediency; and yet liberty still subsist, in some tolerable degree, under his admi Acts of power may casually be exercised, and Complaint of grievances. nistration. But when all these were reduced into a system, were exerted without interruption, were studiously sought for, in order to supply the place of laws, and subdue the refractory spirit of the nation, it was necessary to find some speedy remedy, or finally to abandon all hopes of preserving the freedom of the constitution". These sentiments dictated the proceedings of the commons; an unopposed vote was passed against arbitrary imprisonments and forced loans, and five subsidies were likewise voted, which were to be payable within the space of twelve months, but no sophistry could induce them to pass this 'resolution into a law, until a constitutional redress of grievances had been obtained. 3 Forced loans, benevolences, taxes without consent of par 1 Rushworth, 479. Franklyn, 234. 4 Vide ante 99, 105, 121, 126. 66 Hume, 231. Franklyn, 243, 245. Hist. 363. 52 Brodie, 103. 1 Rushworth, 499, 502, 7 Parl. 7 Franklyn, 251. 1 Rushworth, 513. Whitlockę, 9, 1625-1649. liament, arbitrary imprisonments, billeting of soldiers for the CHARLES I. purposes of oppression, and commissions to try military offenders by martial law, were the grievances of which the commons complained: and as, in truth, they only sought those privileges which had belonged to their ancestors, they resolved to call their demands a "Petition of Right," as implying that it contained a corroboration or explanation of the ancient constitution, but which the kings had ever, in cases of necessity or expediency, been accustomed at intervals to elude, and they disclaimed any infringement upon royal prerogative, or acquisition of new liberties. The Petition of Right, after enumerating the recent violations of the laws respecting illegal exactions, arbitrary commitments, quartering of soldiers or sailors, and infliction of punishment by martial law, prays the king "that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament; and that none be called to make answer or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burthened in time to come; and that the aforesaid commissions for proceeding by martial law may be revoked and annulled; and that hereafter no commissions of the like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land "." Petition of Right. Stat. 3 Charles I. c. 1. and despotic character of Charles The hypocritical and despotic character of Charles is exem- The hypocritical plified by his conduct previous to the passing of this statute, -such as secretly consulting the judges as to the mode in illustrated. which its provisions could be evaded', [sending a letter to 1 and procuring the interference of the peers", in order to oppose its enactment, coming to the House of Lords and 8 Stat. 3 Charles I. c. 1, s. 10. 932 Hargrave MSS. 97. 10 7 State Trials, 198. 1 Rushworth, 560, 643. 7 Parl. Hist. 111. 2 Cobbett's Parl. Hist. 410, 435, et seq. 117 State Trials, 199. 1 Rushworth, 561. 7 Parl. Hist. 116 Whitlocke, 10. 1625-1649. 13 12 CHARLES I. giving an equivocal assent ", by which the bill would have been rendered nugatory :-and nothing but the firmness of the "commons," combined with his pecuniary distress, made him ultimately yield ". Reliance could not be placed upon the honour of the king. Remonstrance of the commons. If the commons had placed any reliance the honour upon of the king, if they had exacted less than they did, they would have betrayed their country: because, even after the writs had been issued for the then present parliament, commissioners had been appointed, consisting of all the principal officers of state, to raise money "by impositions or otherwise, as they should find most convenient, in a case of such inevitable necessity, wherein form and circumstance must be dispensed with, rather than the substance be lost and hazarded13,” -which scheme, if successful, would have rendered parliaments useless; and another commission had likewise been issued, and money remitted, in order to raise foreign troops and transport them to England, to support the crown in its treacherous, illegal, financial policy 1o. 16 When the Petition of Right had become a law, the commons granted the five subsidies, but did not relax in endeavouring to procure the redress of other grievances. They agreed to present a remonstrance to the crown, relating to the compositions with Catholics,—the violation of public liberty, the injuries done to commerce,-the unsuccessful expeditions to Cadiz and the Isle of Rhé,-the encouragement given to Arminians,and the commission for importing German horse,—and to ascribe such misfortunes to the pernicious counsels of Buckingham". The right to levy tonnage and poundage had not been granted by parliament to the king, but, notwithstanding, he had exacted this imposition. The commons now prepared a bill giving him that right; but, in order to enforce a redress of their complaints, they asserted, previous to the bill becoming a law, that the levying of tonnage and poundage, without consent of parliament, was a violation of the liberties of the people, and an open infringement of the Petition of Right 1o. 12 3 Lords' Journ. 835, June 2, 1626. 6 Lingard, 288, 289. 18 7 State Trials, 212. 1 Rushworth, 590. 18 14 3 Lords' Journ. 843. Com. Journ. June 6, 7, 8, 12, 1628. 1 Rushworth, 116. Mede's Letters. Harl. MSS. 15 1 Rushworth, 614. 8 Parl. Hist. 214. 181 Rushworth, 628. Com. Journ. June 18, 20, 1628. 1 Hallam's Const. Hist. 537. 1625-1649. The king, to prevent the delivery of their remonstrance, CHARLES I. prorogued the parliament; and acquainted them, tonnage and poundage he had never meant to give away, nor could possibly Prorogation of do without. Notwithstanding the declaration of the commons as to tonnage and poundage, that impost was enforced, although it was in the first instance resisted, and the question of its legality submitted to the judges, who held that the king's right had been recognised in Bates's case". 6. The Parliament of 1629. Theological and metaphysical controversies, and the question of tonnage and poundage, engrossed the attention of the House upon its re-assembling. The officers of the customs were summoned before the commons, to justify seizing the goods of merchants who had refused to pay tonnage and poundage; the barons of the exchequer were questioned concerning their decrees'; and one of the sheriffs of London was committed to the Tower for his activity in supporting the officers of the customs. But the king upheld the acts of all those who had assisted in its assessment and levy. A remonstrance was then framed by the commons against levying" tonnage and poundage" without the consent of parliament; and upon the question being called for, the speaker said,—“ that he had a command from the king to adjourn, and to put no question ":" upon which he left the chair. A disgraceful scene of confusion was the result: during which a remonstrance was approved of, declaring papists and Arminians capital enemies to the commonwealth; those who levied tonnage and poundage were branded with the same epithet; and if the merchants voluntarily paid such duties, they were to be stigmatised as betrayers of English liberty, and public enemies. And under such excited feelings the House was prorogued, and then dissolved". 19 1 Rushworth, 409. 2 5 Parl. Hist. 466. 18 Parl. Hist. 301. 1 Rushworth, 654. 3 6 Hume, 275. 6 Lingard, 290, 291. parliament. Officers of the customs, &c. the House. summoned before Levies of tonage, declared by the commons to nage and pound be illegal. CHARLES I. 1625-1649. Determination of Charles to try without par liaments. 7. Declaration of the King to govern without Parliaments; and other Unconstitutional Proceedings. Charles had now determined to govern the country without the intervention of parliament', having issued a proclamation which declared he should account it presumption for any govern the coun- to prescribe a time to him for parliament, the calling, continuing, or dissolving of which, was always in his own power; and he should be more inclinable to meet parliament again, when his people should see more clearly into his intents and actions, when such as have bred this interruption shall have received their condign punishment. He also declared that he would “not overcharge his subjects by any more burdens, but satisfy himself with those duties that were received by his father, which he neither could nor would dispense with; but should esteem them unworthy of his protection, who should deny them "." Committal of the members of the opposition. Informations in the Court of King's Bench. The king, with his accustomed impolicy, committed to prison those members of the commons who had recently taken the most prominent part in opposing his views, and seized their papers; thereupon they sued out a writ of habeas corpus, to which it was returned, that 'they were detained for notable contempts, and for stirring up sedition, alleged in a warrant under the king's sign manual ". It was contended that this return was insufficient under the "Petition of Right;" to support its validity, the king's prerogative of arbitrary imprisonment was relied upon, and that a petition in parliament " is no law, yet it was for the honour and dignity of the king to observe it faithfully, but it is the duty of the people not to stretch it beyond the words and intention of the king. And no other construction can be made of the petition, than that it is a confirmation of the ancient liberties and rights of the subject. So that the prerogative remained in the same quality and degree, as it was before the petition." The judges, equally fearful of the Star Chamber as of a 13 Millar's Eng. Gov. 204. 8 Parl. Hist. 389. 219 Rymer, 62. Vide etiam ibid. 33. 7 Parl. Hist. 389. 2 Rushworth, 3. 6 Lingard, 293. 3 1 Rushworth, 661, 681. 7 Parl. Hist. 354. May, 13. |