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house; to their no small loss and damage.
"3. One fVentworth, a lawyer. 4. Mr. Christopher fc) Reliquiæ" Nevil, second son to my lord of Abergaveny." (,) w; conia- Indeed the principle on which James set out was that of -98 Pa'nd31 crushing the freedom and privileges of parliament. For Wood's in his proclamation for calling his sirst parliament, " he AthenæOx ei gave orcier what fort of men, and how qualisied,^ VoiV' "should be chosen by the commons; and concludes, col. 614. "we notify by these presents, that all returns and cer"tisicates of knights, citizens and burgesses, ought, "and are to be brought to the court of chancery, and "there to be siled upon record ; and if any be found to "be made contrary to this proclamation, the fame is to "be rejected as unlawful, and insufficient, and the city "or borough to be sined for the fame; and if it be . "found that they have committed any gross or wilful *' default or contempt in the election, return or certisi- . "cate, that then their liberties, according to the law, "are to be seized as forfeited: and if any person take "upon him the place of a knight, citizen or burgels, "net being duly elected and (worn, 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, fOOke, u t0 he sined and imprisoned for the fame." (k) As Vol. 1. p. foon as the members were chosen, James shewed his authority by vacating the election of Sir Francis Goodwin, knight of the shire for Buckingham, (under pretence of his having been outlawed) and sending a new writ, in virtue whereof Sir John Forte/cue was chosen, "notwithstanding (fays lord Cecyll, in a letter to Mr. "Winwood, dated April 12, J604) 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 "reclus in curia, until he hath sued out his Scirefacias) "they somewhat suddenly, fearing some opposition "(which was never intended) allowed of him, and rejected the other; which form of proceeding appeared
Nor did he behave better with re
** harsh to the king rather in form than matter. And ** therefore being ihen desirous that the higher house "might have some conference with the lower house, ",(which as we of ourselves did intimate unto tiiem) "they grew, jealous of that proposition, as a matter "which they mifiiiced 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 conferences, 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 dcxte"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 a^J^ courtier. I will give the reader the judgment of theud, 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 Bucks, (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, defeat, 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
gard to his other subjects. Those who opposed his will, surely smarted for it, and
"reverence)'being delivered what the common law "was (which extends only to inferior and standing "courts) ought to bring in a prejudice to this high '' court of parliament, whose power being above the "law, is not founded on the common law, but have M therein rights and privileges peculiar to themselves.
"For the manner of our proceeding (which your *' majesty seemed to blame, in that the second writ "going out in your majesty's name, we seemed to cen"sure it, without first craving access to acquaint your "highness with our reasons therein) we trust our de"sence shall appear just and reasonable. It is the form '' of the court of chancery (as of divers other courts) *' that writs going out in your majesty's name, are "returned also, as to your majesty, in that court from "whence they issue. Howbeit, therefore no rnan ever *' repaireth to your majesty's person, but proceedeth ac'' cording to law, notwithstanding the writ.
"This being the univerfal custom of this kingdom, ** it was not, nor could be admitted into our councils; "that the difference was between your majesty and us: c* but it was and still is conceived, that the controversy *' was between courts about preheminencies and privi"leges; and that the question was, whether the "chancery, or our house of commons, were judge "of the members returned for it r Wherein tho' we "supposed the wrong done to be most apparent, and "extreamly prejudicial to the rights and privileges of "this realm; yet such, and so great was cur willing"ness to please your majesty, as to yield to a middle "course proposed by your highness, preserving only our "privileges, by a voluntary cession of the lawsul *' knight. • ., •' • '• ''
"And this course (as if it were of deceiving our'' selves, and yielding in our apparent rights, wherefb"ever we could but invent such ways of escape, as that 1 « '"the
.very light and trifling, or even innocent actions were most rigorously punished, [xxx]
"the precedent might not be hurtsul) we have held "more than once this parliament, upon desire to avoid *' that, which to your majesty, by misinformation, "(whereof we had cause to stand alway in doubt) "might be distastesul, nor not approvable; so dear
"hath your majesty been unto us." (ot) From theseW C°<n
instances, and many more might be produced, of^JJ"S. pr0* 'James's treatment of his parliaments, we may be able tOAnno primo judge of the knowledge, or honesty of father Orleans,]**- primi, who speaks of his " extraordinary complaifance to-pt,„,?;r8n!.\. "wards the parliament, from his first accession to thetanmcus, "throne, which he always consulted, fays he, notP-12°"only in the weighty affairs of state, but even in mostofc^1ae.°re.* *' thosethat concerned his family; condescending to their marks, p. *.' advice; pretending a mighty regard not to infringe2*8, "their privileges; asking sew extraordinary supplies, •' and choosing rather to be streightened in his way of "living, than to administer occasion of complaint by *' filling his coffers." («) (»)D. Or
[xxx] Light and trifling, or even innocent actions lurions in were most severely punished by him.] A sew instances En|land» Pwill be sufficient to prove this. In April 1615, Oliver Loud. 1711. 'St. John, afterwards lord Grandi/on, and lieutenant of Ireland, was sined five thoufand pounds in the starchamber, for opposing that benevolence moved in the foregoing session of parliament which was so abruptly dissolved, tho' that kind of benevolence as he shewed
was against law, reason, and religion, (a) And Sir^} Cabala,
Robert Mansfeld was committed to the Marshalsca, P-36«;and partly for having consulted with Mr. Whhlock the law- of jllilJh yer, about the validity of a commission drawn for ap. 280. research into the office of the admiralty ; and partly fornoteadenying to reveal the name of the faid lawyer his friend; the point touching a limb of the king's prerogative and authority, (b) And a vast sum of money was exacted,(b) Reliqu-æ fays Cambden, in 1617, of the citizens of London, notWottonia* O 4 without r
Justice he seems indeed to have had little or no regard to, as appeared by his unparalleled treatment of Sir Walter Raleigh, [yyy]the
(c) Ann»li without murmuring, (c) What shall I fay more? ofK. lam. James's reign was sull of rigour, severity, and hard hist°p?647. dealing. Witness the earl of Northumberland, who was fined thirty thoufand pounds, and confined from the year 1605 to. the year 1619 in the Tower, upon a meer suspicion, without the least proof of his having had knowledge of the powder-plot, as Cccyll himself consessed in a letter to Sir Thomas Edmonds, dated Dec. 2, (^Birch's 1605. (d) Witness Sir Robert Dud/y, who was not vie* of the al|owe(l to make use of the depositions of his witnesses to tions, p.145 pfove himself the legal heir of his father, the great earl See also Of of Leicester; and who was also deprived of his honors "fj'^'jnd estates most iniquitoufly, as appeared to prince patent of K. Henry, and to king Charles the first, [e) And witness Charles l. gir Thomas Lake, and many others whose sines were AliCreaiad8 vastly beyond their supposed crimes, and such as ought Dudly, a not in justice or equity to have been inflicted on them. dutcbeseo ifi short, such as displeased 'James, he had no mercy on, the^endix but made them k^ tne weignt ot ms sore displeasure.
to Leicester's life, [yty] flis unparalleled treatment of Sir Walter io'nYV727 Rah'gh.] Raleigh was a man in point of bravery and $vp. conduct, of wit and understanding, of prudence and ability, of learning and judgment, inseriour to none of the age in which he lived, and superior to most. What were his actions before the accession of 'James, those who have,curiosity may see admirably described either by Mr. Oldys, or Dr. Birch, in their respective lives.of this wondersul man, prefixed to his history of the world, and his political, commercial and philosophical Works.
Queen Elizabeth knew his merit, and valued him
highly. James on the contrary was prejudiced against
. him; had little sense of his worth, and soon ill-treated