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Ann. 1628.

The disasters experienced at Larochelle had considerably increased the discontents which prevailed among the English. Their liberties they believed were invaded, illegal taxes extorted, their commerce totally annihilated by the French war, and their military honours stained. These calamities were ascribed entirely to Charles's obstinacy, in adhering to the counsels of Buckingham, and in countenancing his insolent gallantries and his boyish caprices.

The assembling of a parliament in such unfavourable circumstances seemed very dangerous; it was, however, imperiously commanded by the absolute necessity of supply; but the more to soften the minds in favour of Buckingham, it was concerted that he should be the first person that proposed this measure in council.

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, however, entered on business with temper and decorum, and in stating the grievances the nation laboured under, their language was no less decent than nervous. In defence

of the late measures, the court party pleaded only the necessity to which the king had been reduced by the obstinacy of the two former parliaments, and concurred without the least opposition, in passing a vote against arbitrary imprisonments and forced loans. The spirit of liberty being gratified by this successful exertion, the reiterated messages of the king, who, pressed for supply, determined a vote of five subsidies, with which, though much inferior to his wants, he declared himself well satisfied; and even tears of affection started in his eyes when

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he was informed of this concession.

But the sup

ply was not yet passed into a law, and the commons resolved to employ the interval in securing their rights and liberties against new violations. They affirmed that they did not pretend to any unusual powers or privileges, but only to preserve those which had been transmitted to them by their ancestors; and that new law they resolved to call a petition of right, as implying, that it contained a corroboration or explanation of the ancient constitution without any infringement of royal prerogative or acquisition of new liberties.

While the committee was employed in framing this petition of right, the favourers 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. The partizans of the commons grounded their arguments on the great charter and ancient statutes, to which those of the crown opposed long custom and precedents; the lords inclined to the side of the crown; they were, however, far from intending to sacrifice the liberties of the nation to arbitrary will; and afraid, lest the commons should go too far in their projected petition, they framed a moderate plan, which they re. commended to the consideration of the lower 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 great charter and statutes, and by the tenor of the ancient customs and laws of the kingdom, 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 ແ just cause, for reasons of state, to imprison or re"strain any man's person; he was petitioned gra"ciously to declare that within a convenient time, "he shall and will express the cause of the commit"ment or restraint, either general or special, and

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upon a cause so expressed, will leave the prisoner "immediately to. be tried according to the common law of the land."

At that juncture, the king's serjeant having asserted in a 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.

However wise and reasonable may appear the plan proposed by the peers, the commons, far from approving it, were fully convinced, that 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 favourable to public freedom; nor were they to be diverted from it by a message from the king, in which he acknowledged past errors, and promised that hereafter there should be no just cause of complaint. They were no better satisfied with a letter which Charles sent to the house of lords, in which he declared, "That neither he, nor his privy "council, would hereafter imprison any man for not lending money, or for any other cause, "which in his conscience he thought not to concern the public good." This promise, though enforced to the commons by the commendation of

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the upper house, made no more impression than all the former messages. The commons, conscious of their strength, wanted to display it, and preferred to any voluntary concessions, their framing a new law, which they thought might not be violated or eluded by any interpretation, construction, or contrary precedent.

The petition of right having passed the commons, was sent to the house of peers, who admitted it without any material alteration; 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 instead of the usual concise and clear form, by which a bill is either confirmed or rejected, he 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 of any wrong or "oppression contrary to their just rights and li"berties, to the preservation whereof he holds him"self in conscience as much obliged as of his own "prerogative."

The commons could not be satisfied with so vague an answer, and to give vent to their ill-humour, they fell on doctor Manwaring, who had preached and published a sermon, which was printed by special command of the king, and was found to contain doctrines, subversive of all civil liberty. The commons impeached him on these doctrines. The sentence pronounced against him by the peers was, that he should be imprisoned during the pleasure of the house; be fined one thousand pounds to the king; make submission and acknowledgement of his offence; be suspended during three years; be incapable of holding any ecclesiastical dignity or secular office, and that his book be call

ed in and burnt.

The severity of this sentence is still less remarkable than the unaccountable imprudence of government on that occasion. No sooner was the session ended, than this man received a pardon, and was promoted to a living of considerable value. Some years after, he was raised to the see of St. Asaph. After such an instance of insincerity, what reliance from the king's promises could be expected?

The commons now proceeded to censure the conduct of Buckingham, and in order to divert the tempest which threatened the duke, the king determined to satisfy the people 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 a full sanction and authority to the petition; the purport of which was, to secure the execution of Magna Charta, of the statutes of Edward I. Edward III. and of all other laws, which prohibited the levying of any grant, loan, benevolence, and taxes whatsoever, without the consent of parliament; and enacted, that no subject of any rank or description, should ever be imprisoned, deprived of his property, or put to death, without being tried according to the usual forms of justice, and the law of the country. It was likewise earnestly requested, that all existing commissions for trials by martial law, should be repealed and annulled, and that none of the kind should ever be renewed. 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 views and expectations. Besides the additional security it gave to the liberties of the subject, it circumscribed in so many articles the royal prerogative, and the king's sanction produced such a change in the government, as was almost equivalent to a revolution.

Yet the commons were far from being satisfied

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