ses, we hold it fit that for every one of these within your Lordship's diocese the contribution be rateable, so that the monies in such sort to be given may be brought to London by the 10th day of March next, to be delivered to the hands of such receivers as for that purpose shall be appointed. And to the end that true notice may be taken of such as are best disposed to this so good a service, we expect that your Lordship send up to the Archbishop of Canterbury the several sums and names of all those who contribute; and lastly ...that you cause the preachers within your diocese in a grave and discreet fashion to excite the people that, when occasion shall serve, they do extend their liberalities to so Christian and worthy an enterprise: Wherein not doubting but your lordship will use all your best, prudent, and most careful endeavours, we leave you to the Almighty. From Lambeth, 21. Januarii MDCXXI. Junxta etc.

G. Cant.

Jo. Lincoln, C.S.

[and twelve other bishops].

(Cardwell, Docum. Annals, Oxford, 1844, vol. II, p. 196.)

154. James I. and the Commons

Parliamentary History

The policy of James I. was the reverse of conciliatory in the contest with Parliament upon its constitutional rights. The Commons' side of the question is set forth in the protest recorded on December 18, the day of the forced adjournment, in the Journal Book. The King struck out the record with his own hand, and the memorial which is given by the historian shows the royal opinion on the matter immediately in question, as well as hinting James' general conceptions of constitutional rule. The incident forms a fitting introduction to the stormy rule of Charles I.

The Commons now assembled in Parliament, being justly occassioned thereunto concerning sundry Liberties, Franchises, and Privileges of Parliament, amongst others here mentioned, do make this Protestation following, That the Liberties, Franchises, Privileges, and Jurisdictions of Parliament, are the ancient and undoubted Birth-right and Inheritance of the Subjects of England; and that the arduous and urgent Affairs concerning the King, State, and Defence of the Realm, and of the Church of England; and the Maintenance and Making of Laws, and Redress of Mischiefs and Grievances which daily happen within this Realm, are proper Subjects and Matter of Counsel and Debate in Parliament;

and that in the handling and proceeding of those Businesses, every Member of the House of Parliament hath, and of Right, ought to have Freedom of Speech, to propound, treat, reason, and bring to Conclusion the same: And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order, as in their Judgments shall seem fittest: And that every Member of the said House hath like Freedom from all Impeachment, Imprisonment, and Molestation (other than by Censure of the House itself) for or concerning any speaking, reasoning, or declaring any Matter or Matters touching the Parliament, or ParliamentBusiness: And that if any of the said Members be complained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advice and Assent of all the Commons assembled in Parliament, before the King give Credence to any private Information.

This Protestation was made and recorded in the JournalBook of the Commons, December the 18th, the Day of Adjournment. But how the King took it, will best appear, by his sending for the Journal-Book of the Commons, in Council, and striking out the Protestation with his own hand; and by the following Memorial, which was published soon after, as is seen by the Date of it...

Whitehall, December 30, 1621. "His Most Excellent Majesty coming this Day to the Council, the Prince his Highness, and all the Lords and others of his Majesty's Privy-Council sitting about him, and all the Judges then in London, which were six in Number, there attending upon his Majesty; the Clerk of the Commons House of Parliament was called for, and commanded to produce his Journal-Book, wherein was noted, the Entries made of most Passages that were in the Commons House of Parliament; and amongst other Things there was written down the Form of a Protestation concerning sundry Liberties, Privileges, and Franchises of Parliament; with which Form of Protestation his Majesty was justly offended. Nevertheless his Majesty, in a most gracious Manner, there expressed, That he never meant to deny that House of Commons any lawful Privileges that ever they had enjoyed; but whatsoever Privileges or Liberties they had by any Law or Statute, the same should be inviolably preserved unto them; and whatsoever Privileges they enjoyed by Custom,

or uncontroulled and lawful Precedent, his Majesty would be careful to preserve. But this Protestation of the Commons House, so contrived and carried as it was, his Majesty thought fit to be razed out of all Memorials, and utterly to be annihilated; both in respect of the Manner by which it was gained, and the Matter therein contained. For the Manner of getting it, first, in respect of the Time: For after such Times as his Majesty, out of princely Grace, as to take away all Mistakings, had directed his Letters to Secretary Calvert, dated at Royston, 16 Decembris, and therein had so explained himself, in the Point of maintaining the Privileges of the House of Commons, as that most of the said House rested fully satisfied, and freed from any Scruple of having their Liberties impeached: And after that, by his Majesty's Letters, directed to the Speaker, dated 18 December, being Tuesday, his Majesty, at the humble Suit of the House of Commons, condescended to make this Meeting a Session before Christmas, and for the Purpose had assigned Saturday following: Now, upon this very Tuesday, and while the Messengers from the House of Commons were with his Majesty at Theobalds, to return Thanks unto his Majesty, and therewith an Excuse from them not to make it a Session, in respect of the Strait of Time whereunto they were driven; which Deferment his Majesty admitted of at their Desires, and thereupon gave Order for the Adjournment of the Parliament until the 8th of February next, which was the first Day formerly appointed by his Majesty for the meeting together of the Parliament: And whilst their Messengers were with his Majesty, and had received a gracious Answer to return unto their House; even that Afternoon, a Committee was procured to be made for taking their Liberties into Consideration: And this Afternoon a Protestation was made (to whom, appears not) concerning their Liberties, and at six o'clock at Night, by Candle-light, the same Protestation was brought into the House by the Committee; and at that Time of Night it was called upon to be put to the Question, there not being the third Part of the House then present; whereas in all Matters of Weight, their usual Custom is, to put nothing of Importance to the Question, till the House be full: And at this Time many of them that were present, expected that the Question would have been deferred to another Day, and a fuller House; and some then present stood up to have spoken to it, but could not be seen or heard in that Darkness and Confusion. Now for the Matter of the Pro

testation, it is penned in such ambiguous and general Words, as may serve for future Times to invade most of the Rights and Prerogatives annexed to the Imperial Crown; the Claim of some Privileges being grounded upon the Words of the Writ for assembling the Parliament, wherein some Words, viz. Arduis regni, are cunningly mentioned, but the Word quibusdam, which restraineth the Generality to such particular Cases, as his Majesty pleaseth to consult with them upon, is purposely omitted.

These Things considered, his Majesty did, this present Day, in full Assembly of the Council, and in the Presence of the Judges, declare the said Protestation to be invalid, annulled, void, and of no Effect: And did further, Manu sua propria; take the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament; and commanded an Act of Council to be made thereupon, and this Act to be entered in the Register of Common-Causes.

(Parliamentary History, ed. cit., V, p. 512.)

CHAPTER XXI

THE PURITAN REVOLUTION

155. The Petition of Right

(3 CAR. I, c. 1, June 7, 1628)

Statutes of the Realm In 1628 the position of Charles I. had gone from bad to worse. Rash enterprises, lavish and illegal expenditure, and broken promises of better government had almost produced open rupture between the monarch and his subjects. In his third Parliament matters reached a point in which the Commons felt the strongest action to be necessary. Under the leadership of Wentworth, a Committee of Grievances discussed the illegal methods of the king, and particularly considered the matters of forced loans, imprisonment of subjects who refused to make such loans to the king, the billeting of soldiers on private persons, and punishment by the methods of martial law. The Commons then sought the concurrence of the Lords by means of a petition embodying protest against these grievances. For two months both Houses debated the question of steps to be taken. Aids were granted the king, but no regular Money Bill was passed. This Charles sought to secure, but the Commons refused to be cajoled by blandishments or frightened by threats. The king offered to grant a Confirmation of the Great Charter, such as had often been issued and disregarded by former monarchs. The Commons refused this offer, and under the leadership of Sir Edward Coke they drew up and passed the Petition of Right. Charles made repeated attempts to avoid ratifying it in a legal manner. He was finally compelled to give his assent in due form. The statute, in form of a petition, is one of the five most important constitutional documents of English history.

THE PETITION EXHIBITED TO HIS MAJESTY BY THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS IN THIS PRESENT PARLIAMENT ASSEMBLED, CONCERNING DIVERS RIGHTS AND LIBERTIES OF THE SUBJECTS, WITH THE KING'S MAJESTY'S ROYAL ANSWER THEREUNTO IN FULL PARLIA

MENT

To the King's Most Excellent Majesty.

Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament