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by the officers of the customs, for refusing to pay the rates by them demanded, although he told them what was adjudged to be due by law he would pay them. This case, which was only one of many, transported the Commons. "Cast your eyes which way you please," exclaimed Sir Robert Philips, "you see violations of the liberty of the subject. Look on the privileges of this House. . . They knew the party was a parliament man; nay, they said if all the parliament was with him, or concerned in the goods, they would seize them just the same." "We have had good admonitions," cried Littleton, "and we have followed them. We have had moderation preached to us in parliament, and we follow it. I would others did the like out of parliament. Let the parties be sent for that violated the liberties of parliament, that they may have their doom." The king sent a message by Secretary Coke, commanding them to stay any further debate or proceedings in that case until the morrow at two o'clock in the afternoon, when his majesty was resolved to speak with both Houses in the Banqueting House at Whitehall. On the morrow-the 24th of January-the two Houses attended at the time and place appointed, and Charles thus addressed them, paying a compliment to the Lords at the expense of the Commons: "The care I have," he said, to remove all obstacles that may hinder the good correspondency, or cause a misunderstanding, betwixt me and this parliament, made me call you hither at this time, the particular occasion being a complaint lately moved in the Lower House. For you, my lords, I am glad to take this and 'all other occasions whereby you may clearly understand both my words and actions: for, as you are nearest in degree, so you are the fittest witnesses for kings. The complaint I speak of is for staying men's goods that deny tonnage and poundage. This may have an easy and short conclusion, if my words and actions be rightly understood; for, by passing the bill as my ancestors have had it, my by-past actions will be concluded and my future proceedings authorised, which certainly would not have been struck upon if men had not imagined that I had taken these duties as pertaining unto my hereditary prerogative, in which they are much deceived: for it ever was, and still is, my meaning, by the gift of my people to enjoy it; and my intention in my speech at the end of the last session was not to challenge tonnage and poundage as of right, but de bene esse, showing you the necessity, not the right, by which I was to take it until you had granted it unto me, assuring myself, according to your general professions, that you wanted time, and not good-will, to give to me. He proceeded to tell the Commons he expected that they, without loss of time, would vote the tonnage and poundage, and so put an end to all questions arising out of this subject. "To conclude," he proceeded, "let us not be jealous one of the other's actions; for, if I had been easily moved at every occasion, the order made in the Lower House on Wednesday

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night last might have made me startle, there being some show to suspect that you had given yourselves the liberty to be the inquisitors after complaints, the words of your order being somewhat too largely penned; but, looking into your actions, I find you only hear complaints, not seek complaints, for I am certain you neither pretend nor desire to be inquisitors of men's actions before particular complaint be made."

The truth was, the Commons were jealous of the king's intentions, and more doubtful than ever of his sincerity and love of his people, for though the grievance of grievances was gone, the death of Buckingham had made no visible change in the spirit of Charles's government. They were also resolute to be inquisitors of many men's actions men like Laud and other bishops, counsellors, and ministers, who attacked their consciences and their property. The Commons knew well that the voting of tonnage and poundage for life was a comparatively modern practice, and they were determined not only not to vote these duties for life, but not even for a term of years,-no, not for a single year,-unless they should see a change in the conduct of the king. They proceeded in the first place to the subject of religion, declaring that the business of the kings of this earth should give place to the business of the King of Heaven. For doctrine and discipline, and all matters connected with the church, Charles had given the reins to Bishop Laud, who was not only resolved to introduce great and manifold changes, which certainly went to assimilate more and more the Anglican establishment to the Roman church, but also to tolerate no delay or dissent,-to enforce conformity by imprisonment, the pillory, the hangman's whip and knife. Laud's creed was Arminianism in the widest sense. The Commons coupled the two things together, and complained of the rapid increase of Arminianism and Papistry, much resenting the fact, that of late not one papist had been hanged for receiving orders in the Church of Rome. Mr. Pym proposed that the House should take a covenant for the maintenance of their religion and rights, which were both in danger; and he and other members inveighed loudly touching the late introducing of idolatrous ceremonies in the church by Cosens and others. As the sins of the land were deemed to be greater than its troubles, they ordered that a conference should be desired with the Lords about a petition to the king for the ordering of a general fast. The Lords granted the conference and joined in the petition, which was granted by the king, with a few remarks, which greatly irritated the zealots. The king admitted the deplorable estate of the reformed churches abroad, which was made the chief ground for the petition; but he told parliament that certainly fighting would do those churches more good than fasting. "Though," continued he, "I do not wholly disallow the latter, yet I must tell you that this custom of fasting every session is but lately begun; and I confess I am not fully satisfied with

the necessity of it at this time." A day or two after, the king sent a message to the Commons to tell them that they ought to settle the question of tonnage and poundage before they meddled more with religion; and the court party, now weak and timid, made some speeches in recommendation of the message; but the Puritans only fell the more violently upon some of the bishops for introducing the new ceremonies. They again indignantly asserted that Popery and Arminianism were joining hands to produce a Romish hierarchy and a Spanish tyranny; that civil liberty was but a dependence of the true Protestant faith; that religion was in danger, and the necessity of securing it the chief matter of all others. On the 28th of January Secretary Coke delivered a second message from the king, telling the Commons that his majesty expected rather thanks than a remonstrance; that still he would not interrupt them, so that they trenched not on that which did not belong to them. "But his majesty," added Coke, "still commands me to tell you that he expects precedency of tonnage and poundage." Sir Thomas Edmunds, treasurer of the household, reminded the Commons how industrious his majesty had been to procure them gracious laws in his father's days; how much since then he had enlarged their liberties! "And yet," said he, give him cause to repent of the good he has done us by neglecting his business. Consider how dangerous it is to alienate his majesty's heart from parliament!" Mr. Coriton replied:-" When men speak here of neglect of duty towards his majesty, let them know we know no such thing, nor what they mean. I see not how we neglect

we

the same. I see it is all our hearts' desire to expedite the bill of tonnage and poundage in due time. Our business is still put back by their messages, and the business in hand is God's; and his majesty's things are certainly amiss, and every one sees it; but woe be unto us if we present not the same to his majesty." Dark rumours were abroad of the king's intention to dissolve parliament as soon as they should vote the tonnage and poundage for life, and "not soon to call another." The Commons continued to occupy themselves with the subject of religion, and they drew up a brief resolution, stating that they held for truth the articles of religion as established by parliament in the reign of Elizabeth, and utterly rejected the sense of Jesuits and Arminians. On the 2nd of February, instead of their bill of tonnage and poundage, they presented to the king their "Apology" for delaying that bill. They complained of his majesty's sending them two messages in three days, telling him that that manner of pressing the House was inconsistent with their orders and privileges. On the following day Secretary Coke assured the House, in his majesty's name, that he was misunderstood as to a command, which was not the meaning, but simply a desire on the king's part, for the sake of concord; that his majesty was as anxious as they were for the true faith, but

must needs think it strange that this business of religion should be only a hinderance of his affairs. And, in the end, the king insisted on their passing the tonnage and poundage bill, telling them they must not think it strange, if he found them slack, that he should give them such further quickening as he might find cause. This message did Charles far more harm than good: the house stuck to their grievances, and went on debating about Popery and Arminianism. Mr. Kirton declared that the "too great bishops" (Laud and Neile) were the main and great roots of all those evils which were come upon them and their religion. "Let us inquire," added he, "what sort of men they have preferred in the church, and why?" Everybody knew that Mainwaring, and Sibthorp, and Cosens, and other men obnoxious for their Arminianism and their advocacy of an absolute monarchy, individuals condemned and sentenced by parliament, had been recently put upon the ladder of promotion; and the House now appointed a sub-committee to inquire into the pardons granted to those offenders, in scorn of their own justice. In the course of the debates on this subject there rose to speak, for the first time, a sturdy, somewhat clownish-looking man, of about thirty years of age, with a slovenly coat and a neglected hat. His speech was thick and graceless, but there was an earnestness in his manner, a look of command about his person, that imposed respect, if not awe. It was Mr. Oliver Cromwell, the new member for Huntingdon. "I have heard," said Cromwell, "from one Dr. Beard, that Dr. Alablaster hath preached flat popery at St. Paul's Cross, and that the Bishop of Winchester (Dr. Neile) commanded him, as his diocesan, to preach nothing to the contrary. And Dr. Mainwaring, so justly censured for his sermons in this House, has been, by this bishop's means, preferred to a rich living. If these are steps to church preferment, what may we not expect?" Mr. Kirton said, that though this bishop (Neile) had leaped through many bishoprics, yet he had ever left popery behind him; that the Book of Common Prayer had been recently reprinted with many illegal alterations, ordered by this same bishop and his creature Dr. Cosens, who had changed the word minister into the word priest, and had put out in another place the word elect. The result of the whole inquiry was, that the bishops and the court had in all cases taken the obnoxious preachers and their principles, both political and theological, into special favour. The Commons, however, did not altogether lose sight of illegal taxation. They brought Acton, the Sheriff of London who had seized the merchants' goods, on his knees to the bar of their House, and thence sent him to the Tower. They also brought to their bar some of the officers of customs, who declared that they had made the seizures by the king's warrant; and one of the officers said he had been sent for and commanded by the king to give them no further The Commons even brought the barons

answer.

On the 25th of February the sub-committee of religion presented a long and circumstantial report, under the title of Heads of Articles agreed upon, and to be insisted on by the House.' In this paper no quarter was shown to Laud and Arminianism. They complained especially of the publishing, by bishop's license, of books in favour of popery, and of the suppressing of books against popery. They asked, among many other things, for the removal of candlesticks from the communion-table, which they said was now wickedly called a high altar; for the removal of pictures, lights, and images, and of praying towards the east, and crossing ad omnem motum et gestum. They complained of the bishops bringing men to question and trouble for not obeying their commands in these respects; but they themselves called with Stentorian voices for the persecuting of the Papists and the exemplary punishment of all teachers, publishers, and maintainers of popish opinions, and all practisers of superstitious ceremonies. They required, moreover, that books like those of Montague and Mainwaring should be burnt; that some good order should be taken for licensing books hereafter; that bishoprics and other ecclesiastical preferments should be conferred by his majesty, with advice of his privy council, upon learned, pious, and orthodox men; that the bishops and clergymen thus chosen should reside upon their charge, and that some course might be taken in the present parliament for providing competent means for the maintenance of a godly, able minister in every parish of the kingdom.

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of the Exchequer to account; and those high | objected that this message was vexatious and functionaries declined justifying the legality of the irregular, and that it was not the office of their measures which had been pursued.* Speaker to deliver any such commands the adjournment of the House properly belonged to themselves. And then they said that, after they had settled a few things, they would satisfy his majesty. Sir John Eliot forthwith produced a remonstrance to the king against the illegal levying of tonnage and poundage, and against the lord treasurer, who "dismayed the merchants, drove out trade," &c. Eliot desired the Speaker to read this paper, but the Speaker said he could not, as the king had adjourned the House. It was then proposed that the remonstrance should be read by the clerk of the House, at the table, but the clerk also refused. And thereupon Eliot read it himself with much more effect than either of the officials could have produced. When Sir John had finished the reading, the Speaker refused to put it to the vote, saying," he was commanded otherwise by the king." Mr. Selden then got up and said, "Mr. Speaker, if you will not put the question, which we command you, we must sit still; and so we shall never be able to do anything. We sit here by command from the king, under the great seal; and, as for you, you are, by his majesty, appointed our Speaker; and do you now refuse to be a Speaker?" The Speaker replied, that he had an express command from the king, so soon as he had delivered his message of adjournment, to rise. And thereupon he rose ; but Hollis, son to the Earl of Clare, Mr. Valentine, and other members of that stamp, forced him to sit down again, and held him fast to his chair. At the same time some of the patriots locked the doors of the House, and brought up the keys to the table. Sir Thomas Edmonds and other members of the House, who were privy counsellors or courtiers, rushed to the release of the pinioned Speaker. "God's wounds," cried Hollis, "he shall sit still till it pleases us to rise." A rude scuffle ensued, during which the Speaker shed an abundance of tears. As the courtiers were too weak to release him, he at last sat still, and said, crying more than ever, "I will not say I will not, but I dare not. I have his majesty's commands. I dare not sin against the express command of the sovereign." Selden then delivered a constitutional speech on the duties of a Speaker of the House of Commons, and told him that he ought to proceed and put the remonstrance to the vote; but the Speaker" still refused, with extremity of weeping and supplicatory orations. Sir Peter Hayman, a gentleman of his own county and of his own blood, told him that he blushed at being his kinsman; that he was a disgrace to his country-a blot to a noble family; that all the inconveniences that might follow-yea, even to the destruction of parliament-would be considered as the issue of his baseness by posterity, by whom he would be remembered with scorn and disdain." Sir Peter ended by recommending, that if he would not do his duty, he should be brought to the bar of

In the face of this determined opposition, Charles rashly determined, at all hazards, to maintain Laud and the hierarchy. Immediately after the reading of the above articles, he sent to command both Houses to adjourn to Monday, the 2nd of March, notwithstanding the right which the Commons claimed to fix their own adjournment. Thereupon the House adjourned; but, on the 2nd of March, Sir John Eliot'stood up, and, after expressing his duty to the king, once more denounced Arminianism, and then fell with his whole weight upon the great Bishop of Winchester and his greater abettor" that is," continued Eliot," the Lord Treasurer Weston, in whose person all evil is concentrated, both for the innovation of religion and invasion of our liberties; he being now the great enemy of the commonwealth. I have traced him in all his actions, and I find him building on those grounds laid by his master, the great duke; he, secretly, is moving for this interruption; and, from this fear, they go about to break parliaments, lest parliaments should break them." Then the Speaker, Sir John Finch, delivered a message from the king, commanding him "to adjourn the House until Tuesday come seven-night following." Several members

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• Rushworth.-Whitelock.-Parl, Hist.

the House, and a new Speaker chosen at once. As neither advice nor threats could prevail on the Speaker, and as they well knew they would not again be allowed the opportunity of expressing their sentiments in parliament, the Commons hastily drew up a protest under the following heads:"1. Whosoever shall bring in innovation in religion, or by favour seek to extend or introduce Popery or Arminianism, or other opinions disagreeing from the true or orthodox church, shall be reputed a capital enemy to this kingdom and commonwealth. 2. Whosoever shall counsel or advise the taking and levying of the subsidies of tonnage and poundage, not being granted by parliament, or shall be an actor or instrument therein, shall be likewise reputed an innovator in the government, and a capital enemy to this kingdom and commonwealth. 3. If a f any merchant or other person whatsoever shall voluntarily yield or pay the said subsidies of tonnage and poundage, not being granted by parliament, he shall likewise be reputed a betrayer of the liberty of England, and an enemy to the same." As Mr. Hollis read these articles he was loudly cheered by the House, who expressed their full assent to them, one by one. While they were reading, the king, who had hurried down to the House of Lords, and who was perplexed at not seeing the Speaker, sent a messenger to bring away the sergeant with his mace-a symbol almost as important as the Speaker, and without which there could be no House. But the members stopped the serjeant, and, taking the key of the door from him, gave it to a member of the House to keep safe and sure. Not seeing serjeant or mace, the king dispatched the usher of the black rod to call up the Commons, that he might dissolve the parliament; but the Commons refused to receive either the black rod or his black message. When Charles heard this he grew furious, and, sending for the captain of the pensioners and his guards, he ordered them to force the door; but the Commons, in the meanwhile, having voted their protest, and adjourned themselves to the 10th of March, had risen and were gone.

Upon the 10th of March the king went down to the Lords with the proclamation for the dissolution of Parliament, which had been signed on the 3rd. Several members of the Lower House were in the Lords when the king arrived, but the Commons had not been summoned as was usual, and their Speaker was not present as he ought to have been. "My Lords," said Charles, "I never came here upon so unpleasing an occasion: therefore many may wonder why I did not rather choose to do this by commission; it being a general maxim of kings to lay harsh commands by their ministersthemselves only executing pleasing things. But, considering that justice is as well answered in commending and rewarding of virtue, as punishing of vice, I thought it necessary to come here this day, to declare to you, my lords, and all the world, that it was only the disobedient carriage of

the Lower House that hath caused this dissolution at this time; and that you, my lords, are so far from being causers of it, that I have as much comfort in your lordships' carriage towards me, as I have cause to distaste their proceedings. Yet, that I may be clearly understood, I must needs say, that they do mistake me wonderfully that think I lay the fault equally upon all the Lower House; for, as I know there are many as dutiful and loyal subjects as any are in the world, so I know that it was only some vipers amongst them that had cast this mist of difference before their eyes; although there were some amongst them that would not be infected with this contagion-insomuch that some by their speaking (which indeed was the general fault of the House on the last day) did show their obedience. To conclude, my lords, as those evil-affected persons must look for their rewards, so you that are here of the Higher House may justly claim from me that protection and favour that a good king oweth to his loyal and faithful nobility. And now, my lord keeper, do what I have commanded you.' Then the lord keeper said, "My lords, and gentlemen of the House of Commons, the king's majesty doth dissolve this parliament." And thus, flattering the Lords, and threatening the Commons, Charles ended his third parliament, on the 10th of March, 1629.*

But before the closing scene the king had laid his hands upon some of those whom he called the "vipers." Eliot, Hollis, Selden, Valentine, Coriton, Hobart, Hayman, Long, and Stroud, the members who had been the most active in getting up the protest, and keeping the Speaker in his chair, were summoned by warrant (dated the 5th of March) before the privy council. With the exception of Long and Stroud they all presented themselves, but refused to answer out of the House for the things they had said in it; and they were thereupon committed to the Tower. Long and Stroud surrendered upon the issuing of a proclamation for their arrest, and they were sent to join their friends. The houses of Eliot, Hollis, Selden, Long, and Valentine were forcibly entered, their studies broken open, and their papers seized by the king's warrant.

Charles issued a long declaration to all his loving subjects, explaining the causes which moved him to dissolve the last parliament; but every step he now took only added to the exasperation of the people. Being fully resolved to proceed in the Star Chamber against the members of parliament whom he had committed to the Tower, he propounded a series of questions to the judges, who again were found somewhat less complying than was expected. Judge Whitelock afterwards (and we believe timidly and privately) complained against this way of sending to the judges for their opinions beforehand, and said, that if Bishop Laud went on in this way, he would kindle a flame in the nation. At the same moment of exRushworth.-Whitelock.-Parl. Hist.

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OLD STAR CHAMBER, WESTMINSTER. Pulled down after the late Fire of the Parliament Houses.

citement the High Commission Court and the Star Chamber passed several harsh sentences; and on the 22nd of March the infatuated king issued a proclamation, which was interpreted by many as meaning a determination on his part to discontinue parliaments altogether, unless he could reduce the House of Commons to be the instrument of his will. "We have showed," said Charles, "by our frequent meeting our people, our love to the use of parliaments; yet, the late abuse having for the present driven us unwillingly out of that course, we shall account it presumption for any to prescribe any time unto us for parliaments, the calling, continuing, and dissolving of which is always in our power; and shall be more inclinable to meet in parliament again, when our people shall see more clearly into our interests and actions, and when such as have bred this interruption shall have received their condign punishment." He afterwards graciously told the nation that he would not overload his subjects with 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.*

The apprehensive, or that numerous class which for the sake of excitement exaggerate calamities, spoke in corners of Tower Hill and the block, or Tyburn and the gallows; but the arbitrary faction could not venture upon such extreme measures, and the imprisoned members, in the end, met with nothing but illegal fines in addition to their harsh imprisonment. When they sued for their habeas corpus, and were brought up before the

• Rymer.

Court of King's Bench, the court lawyers made a return that they were detained for notable contempts, and for stirring up sedition, as alleged in a warrant under the king's sign manual. Their counsel argued against the legality of the proceeding, and made a stand on the king's explicit confirmation of principles and precedents in the Petition of Right. The king's counsel slurred over that great constitutional enactment, and the attorney general, Heath" a fit instrument for those times"quibbled and evaded, and set up the old tyrannical doctrine of imprisonment at the king's will. "A petition in parliament," said he, " is no law, yet it is 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 of Right, than that it is a confirmation of the ancient liberties and rights of the subjects. So that now the case remains in the same quality and degree as it was before the petition." In this manner-this wretched, irritating manner-did Charles and his tools endeavour to explain away every confirmation of constitutional rights,-every concession made to the people, till the people would no longer give the slightest credit to his most solemn promises. The Attorney-General Heath recited old authorities to prove that prisoners committed by the sovereign or the privy council were not bailable. The judges, however, wrote "a humble and stout letter" to the king; "that by their oaths they were to bail the prisoners; but thought fit, before they did it, or published their opinions therein, to inform his majesty thereof, and humbly to advise him (as had been done by his noble progenitors, in like

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