Page images
PDF
EPUB

with he openly and avowedly violated their privileges,

*doubted right and inheritance; but could rather have "wifhed, that ye had faid, that your privileges were * derived from the grace and permiffion of our ancestors, and us; for moft of them grow from precedents, "which fhews rather a toleration than inheritance."

At this the commons were alarmed; and therefore folemnly protefted that the liberties, franchises, privileges and jurifdictions of parliament, are the antient and undoubted birthright and inheritance of the fubjects of England; that the affairs of church and state are proper fubjects of counfel and debate in parliament; that in handling of them every member ought to have freedom of fpeech; and that they are not to be impeached, molested or imprisoned for the fame, without the advice and affent of all the commons affembled in parliament. But this proteft had no effect on the king. His anger was not abated, he grew not more calm or confiderate, but in full affembly of his council, and in the prefence of the judges declared the faid proteftation to be invalid, void, and of no effect; and did further manu fua propria, take the faid proteftation out of the journal book of the clerk of the commons houfe of parliament (e)(e) Frank With reafon then did I fay, that James treated his par- 62-66. liaments, in many cafes, moft contemptuoufly; and Rushworth, even a parliament, concerning which he himself had Vol. I. p. declared, that a part of it," the houfe of commons, had 46-54 "fhewed greater love, and used him with more respect "in all their proceedings; than ever any house of com2 "mons had hitherto done to him, or, as he thought, to any of his predeceffois." (f) Their love and re-(f) Ruthworth, Vol fpect were requited by language deftitute of all civility and politeness, and they were threatened, bullied, and infulted. 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 cómmons, were derived from the crown, and were' rather matters of toleration, than inheritance: This

ftruck

I. p. 25.

privileges, by imprisoning, and otherwife grieving fuch of their members as had ¡uuu]

dared

ftruck directly at their rights and privileges, and was that which they had the greateft reafon to refent. For if they were derived from the crown, and were things> barely tolerated by it, they might be abrogated and deftroyed; and confequently the conftitution might be altered, and defpotifm take place. But James was miftaken 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 conftitution; as fome of our beft writers (g) have fhewn in oppofition to those ecclefiaftical, or court parafites, kyns's power, jurifdic- who vainly ftrove to perfuade the world of the contrary. tion, and May they be perpetual! may all our princes think it priviledges of their duty and intereft inviolably to preferve them; and fol. Lond. may they be used fo as to fecure the liberties, the rights and the welfare of the meaneft individual.

(g) See Sir

Rob. At

P rli ment,

1689. Sydney on government, P. 379. fol.

rit of laws,

Vol. I. p. 230. and Townf

hend's collections, p.

[UUU] He violated the privileges of parliament, by Lond. 1698. imprifoning and otherwife grieving fuch of the memSee alfo fpi-bers as had acted in the houfe difagreeable to his will.] We have heard James in the foregoing note, declaring that he meant not to fpare punishing any man's behaviour in parliament, which fhould be infolent. By infolent, I fuppofe he meant unacceptable, or difagreeable to himself or minifter, how beneficial foever it might be, or intended to be to the public. For 'tis the manner of princes bent on eftablishing their own wicked wills, in contradiction to law and the common good, to give odious names to the actions of the fons of liberty, and brand them with ignominious titles.

45.

However, James fully made good his threats. He punished thofe who were for affifting the proteftants abroad, for breaking with Spain, and making a marriage for prince Charles with one of their own religion. For foon after his tearing the proteftation of the commons out of the journal book with his own hand, he dissolved

the

1

dared to speak contrary to his mind in the
house;

the parliament, and committed Sir Edward Cook,
and Sir Robert Philips to the Tower; Mr. Selden,
έσ Mr. Pym, and Mr. Mallory, to other prifons and
"confinements. Likewife Sir Dudley Diggs, and Sir
"Thomas Crew, Sir Nathaniel Rich, and Sir James
"Perrot, for punishment were fent into Ireland, to
"enquire into fundry matters concerning his majesty's
fervice." (b) This was a direct breach of the privi- (b) Ruh-
worth, Vol.
leges of the parliament as every one muft fee. For if 1. 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 but P. 66.
the body to which they belong, the freedom of it
ceafes, and it no longer has that power and indepen-
dency which is allotted to it by the conftitution. But
the violating the privileges of parliament was no new
thing to James. For having diffolved the parliament
in 1614," it pleafed him the very next morning to
"call to examination, before the lords of his council,
"divers members of the houfe of commons, for fome

fpeeches better becoming a fenate of Venice, where
"the treaters are perpetual princes, than where those
"that fpeak fo irreverently, are fo foon to return,

(which they fhould remember) to the natural capaciઃઃ ty of fubjects. Of these examinants four are com"mitted clofe prifoners to the Tower: 1. Sir Walter "Chute. 2. John Hofkyns," (a man of great parts, learning and merit, who lay in prifon a full year, where he was intimate with Sir Walter Raleigh, and revised his hiftory, and where he wrote the following lines to his little child Benjamin.

Sweet Benjamin, fince thou art young,
And haft not yet the use of tongue,
Make it thy flave while thou art free,
Imprison it, left it do thee.)

0 2

3. One

ne, p. 431

398, and Wood's

Athenex

houfe; to their no fmall lofs and damage.

-Nor

<c 3. One Wentworth, a lawyer. 4. Mr. Chriftopher (i) Reliquiæ" Nevil, fecond fon to my lord of Abergaveny." (i) Watonia Indeed the principle on which James let out was that of crufhing the freedom and privileges of parliament. For in his proclamation for calling his firft parliament," he gave order what fort of men, and how qualified, "thould be chofen by the commons; and concludes, "we notify by thefe prefents, that all returns and cer"tificates of knights, citizens and burgeffes, 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

onienfes, Vol. I.

col. 614.

(k) Coke,

Vol. I. p.

20.

be rejected as unlawful, and infufficient, and the city. << or borough to be fined for the fame; and if it be. "found that they have committed any grofs or wilful "default or contempt in the election, return or certifi"cate, that then their liberties, according to the law,

[ocr errors]
[ocr errors]

are to be feized as forfeited and if any person take "upon him the place of a knight, citizen or burgefs, "not being duly elected and fworn, according to the "laws and ftatutes in that behalf provided, and accor"ing to the purport, effect and true meaning of this "our proclamation, then every perfon fo offending, 'to be fined and imprisoned for the fame." (k) As foon as the members were chofen, James fhewed his authority by vacating the election of Sir Francis Goodwin, knight of the fhire for Buckingham, (under pretence of his having been outlawed) and fending a new writ, in virtue whereof Sir John Fortefcue was chofen, "notwithstanding (fays lord Cecyll, in a letter to Mr. "Winwood, dated April 12, 1604) the lower house

having had notice that he was once chofen, and hav"ing found that the outlawry was pardoned in effect, "by his majefty's general pardon upon his inaugura"tion (although in true construction of law he is not "rectus in curia, until he hath fued out his Scire facias) "they fomewhat fuddenly, fearing fome oppofition "(which was never intended) allowed of him, and re"jected the other; which form of proceeding appeared

harfh

[ocr errors]

Nor did he behave better with re

gard

harsh to the king rather in form than matter. And "therefore being then defirous that the higher house might have fome conference with the lower house, "(which as we of ourselves did intimate unto them) "they grew jealous of that propofition, as a matter "which they mifliked to yield to a fter ajudgment; and "therefore did rather chufe to fend to the king, that "they would be glad to fhew himself the reafons (to "whom they owed all duty as their fovereign) rather

than to any other, taking it fomewhat derogative "from their houfe, to attribute any fuperiority to the, "higher houfe, feeing both houfes make but one body, "whereof the king is the head. This being done after "two conferences, in the prefence 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 wifdom and dexte"rity, it could not have had any conclufion, with fo "general an applaufe; this being found by debate, to "be most certaine, namely, that neither of them both "were duely returned, and therefore refolved of all

66

parties, that a new writ fhould go forth by warrant "from the fpeaker, wherein none of them fhould "ftand to be elected; and fo much for the truth of "that caufe." (1). This is the reprefentation of a courtier. I will give the reader the judgment of the house of commons on this fame affair, and leave it with him to form his opinion.- "For the matter of St. "Francis Goodwin chofen for Bucks, (fay they) we "were, and ftill 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 reverfe, defeat, erect, "or substitute, all the elections and perfons elected, "over all the realm; neither thought we that the "judges opinions (which yet in due place we greatly

03

"reve

(1) Win

wood, Vol.

Ild. p. 19.

« PreviousContinue »