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CHAP. V.

PROCEEDINGS OF THE KING'S THIRD PARLIAMENT.

CONCILIATORY MEASURES OF THE COURT.-MENACING ADDRESS OF THE
AND OF THE LORD KEEPER. — DIFFICULT CIRCUMSTANCES OF
PATRIOTS.

KING THE

TONE OF

THE
THEIR SPEECHES. -
PETITION OF
RIGHT. ITS CONTENTS. CHARLES HESITATES TO CONFIRM IT
CONSULTS THE JUDGES-HIS EVASIVE REPLY-GRANTS HIS ASSENT.-
QUESTION OF TONNAGE AND POUNDAGE RENEWED. MEDITATED AT-
TACK ON BUCKINGHAM. PARLIAMENT PROROGUED. EFFECT OF THIS
SESSION ON THE LIBERTIES OF THE COUNTRY.-FALL OF ROCHELLE.-
ASSASSINATION OF BUCKINGHAM. DISCUSSION RESPECTING TONNAGE
AND POUNDAGE. DUPLICITY OF CHARLES RESPECTING THE PETITION
OF RIGHT.- - PROTEST OF THE COMMONS. DISSOLUTION OF PARLIA-
MENT.

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measures of

CHARLES, on finding himself obliged to anticipate CHAP. the assembling of a parliament, became concerned that something should be done to allay the irri- Conciliatory tated feeling of his subjects. Archbishop Abbot, the court. whose popularity had rendered him unacceptable at court, and who had been unjustly suspended from his functions, was restored.* Williams, the late lord keeper, was released from the tower, together with the earl of Bristol; and seventy-eight

* Sibthorpe, vicar of Brackley, not only obeyed the injunction of the king and of his ecclesiastical superiors, in preaching up the loan exacted by the government, but urged compliance with it on principles subversive of the fundamental laws of the constitution. Abbot refused to license his discourse, and for this was suspended from his functions. It was taken to Laud, then bishop of London, "who gave a great and stately allowance of it."-Rushworth, I. 434-451.

V.

CHAP. knights, gentlemen, and others, whose opposition to the recent loan had been punished with imprisonment or restraint, were indebted to the same policy for their liberation!*

1628.

Menacing

address of the king.

March 17.

And of the

If the patriots were capable of regarding these occurrences as the indications of an altered temper in the court, the speech from the throne appeared to be framed for the purpose of dissipating every such illusion. "I have called you together," said the king, "judging a parliament to be the ancient, speediest, and best way to give such supply, as to secure ourselves, and save our friends from imminent ruin. Every man must now do according to his conscience, wherefore if you, which God forbid, should not do your duties, in contributing what this state at this time needs, I must, in discharge of my conscience, use those other means which God hath put into mine hands, to save that which the follies of other men may otherwise hazard to lose. Take not this as a threatening, (I scorn to threaten any but my equals,) but as an admonition from him, that both out of nature and duty, hath most care of your preservation and prosperities."

The lord keeper, in further expressing the will lord keeper of the sovereign, observed "This way of parliamentary supplies, as his majesty told you, he hath chosen not as the only way, but as the fittest; not because he is destitute of others, but because it is most agreeable to the goodness of his own most

More than half the number were "knights, esquires, or gentlemen," the remainer were called "Londoners," and had been variously committed to the New Prison, the Marshalsea, and the Gate House.-Rushworth, 473.

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gracious disposition, and to the desire and weal of C H A P. his people. If this be deferred, necessity and the sword of the enemy make way for others. Remember his majesty's admonition! I say, remember it."*

circumstan

ces of the patriots.

The house, to which this significant language Difficult was addressed, included most of the persons who had distinguished themselves as the advocates of popular rights in preceding parliaments. The feeling of the people also was further expressed at this time by adding to the ranks of their old representatives many of those gentlemen, who, as the consequence of resisting the late illegal measures, had been subject to restraints by order of the king. From the language of the monarch and of the lord keeper, it was evident that the house had been allowed to assemble from necessity only; that the king's dislike of those methods of government which the constitution prescribed was undiminished; and that, desperate as such a step must prove, it was probable, that on the slightest pretext, the parliament would be abruptly dissolved, and the most despotic enterprises attempted. Properly to meet such a state of affairs, required a union of firmness and discretion which is not often found in popular assemblies.

speeches.

The house rang with complaints of grievances, Tone of the especially of those which had afflicted the nation during the last twelve months. But the members evidently felt the danger which pressed them on either side, and there was a cautious wisdom observable even in their boldest utterances. Sir

Parl. Hist. 218. et seq.

CHAP. Francis Seymour said,

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The petition of right.

66

He, I must confess, is no good subject, who would not willingly and cheerfully lay down his life, when that sacrifice may promote the interest of his sovereign, and the good of the commonwealth. But he is not a good subject, he is a slave, who will allow his goods to be taken from him against his will, and his liberty against the laws of the kingdom. By opposing these practices, we shall but tread in the steps of our forefathers, who still preferred the public before their private interests, nay, before their very lives. It will in us be a wrong done to ourselves, to our posterities, to our consciences, if we forego this claim and pretension."

Sir Thomas Wentworth spoke what appeared to be the sentiment of the house, as he exclaimed, "We must vindicate-what? New things? No. Our ancient, legal, and vital liberties, by re-inforcing the laws enacted by our ancestors, by setting such a stamp upon them that no licentious spirit shall dare henceforth to invade them. And shall we think this a way to break a parliament? No. Our desires are modest and just. I speak both for the interests of king and people. If we enjoy not these rights, it will be impossible for us to relieve him. Let us never therefore doubt a favourable

reception."

The question, indeed, with the house of commons, was not whether the constitution had really provided for the security of the subject in his person and possessions or not, but rather, considering it as assuredly the law of the land, that no property should be taxed without consent of par

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liament, and that no Englishman should be subject CHAP. to detention without the assignment of a lawful cause; the point was, whether it did not behove April 3. the lovers of their country to add to those statutes which a generous ancestry had transmitted to them on these particulars, such further provisions as together might constitute a more certain barrier against the lawless passions of the powerful. This was the object proposed by the present parliament in their memorable Petition of Right. The very title of that document was intended to denote that the matters sought by the applicants were justice, not favour-the due enforcement of ancient law, and not any addition to that law.

of

The petitioners begin with noticing several sta- Its contents. tutes, as showing that they should not be compelled to contribute to "any tax, tallage, aid, or other like charge, not set by common consent in parliament." They next appeal to the laws enacted by authority of parliament, that no man, "of whatever state or condition he be, should be put out of his land or tenements, nor taken or imprisoned, without being brought to answer by due process law." From the statute on this subject, they proceed to those designed to regulate the uses of martial law; and, adverting to the recent violations of all these solemn enactments, it is implored, "that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament. And that none be called to make, answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted

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