tion of Right

(1628)

for the king's prerogative against the subjects' liberties; that my lord president made a speech in the upper house on the king's behalf, endeavouring to show the inconveniences which might follow in having our king's hands so tied. Against whom the earl of Arundel stood up, confuted him, and made a public protestation against him and the rest who were of the same opinion, concluding that those liberties which now they would betray were those which had cost so much of their predecessors' blood to maintain them, and for his own part, he was resolved to lose his own life and spend his own blood rather than he would ever give consent to the betraying of them. Of his part were fifty lords and earls. . . . The bishop of Lincoln was much commended for what he spoke on behalf of the subject, acknowledging he had once offended in the days of his late master, in standing for the prerogative to the prejudice of the subjects' liberties; for which he now desired forgiveness, professing that henceforward neither hope of greater preferments nor fear of the loss of what he presently enjoyed should make him do or speak against his conscience.

The Petition of Right, with its reference to the Great Charter, its bold assertion of the rights of the people, and the restrictions on royal power which the king was forced to accept, is one of the most important documents in English history.

274. Extracts Humbly show unto our sovereign lord the king, the Lords from the Peti- spiritual and temporal, and Commons in parliament assembled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward the First, commonly called Statutum de Tallagio non Concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm.

And where also by the statute called The Great Charter of the Liberties of England it is declared and enacted, that no freeman may be taken or imprisoned or be disseised of his

freehold or liberties or his free customs, or be outlawed or exiled or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.

of the

They do therefore humbly pray your most excellent Majesty, The six points that no man hereafter be compelled to make or yield any gift, Petition benevolence, tax, or such like charge, without common consent by act of parliament; and that none be called to make answer or to take such oath or to give attendance or to be confined or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty will be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the foresaid commissions for proceeding by martial law may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchises of the land.

accordance

with the law

All which they most humbly pray of your most excellent Royal officers Majesty, as their rights and liberties and according to the laws to act in and statutes of this realm; and that your Majesty should also vouchsafe to declare that the awards, doings, and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty should be also graciously pleased, for the further comfort and surety of your people, to declare your royal will and pleasure that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of the realm, as they tender the honour of your Majesty and the prosperity of this kingdom.

Political and religious disputes were closely interwoven, and the latter were frequently brought in to embitter the relations between Anglican king and Puritan parliament, as the following speech by a member of the House of Commons, named John Rous, indicates.

275. Extract

Mr. Speaker, we have of late entered into consideration of from a speech the Petition of Rights and the violation of it, and upon good in parliament (1629) reason, for it concerns our goods, liberties, and laws; but there is a right of higher nature, that preserves for us far greater things, eternal life, our souls, yea our God himself; a religion derived to us from the King of kings, confirmed upon us by the kings of this kingdom, enacted by laws in this place, streaming down to us in the blood of martyrs, witnessed from heaven by miracles, even miraculous deliverances, and this right in the name of this nation I this day require and claim that there may be a deep and serious consideration of the violation of it.

276. A scene

These differences of opinion on political and religious matters resulted in the scene in parliament described in the following contemporary though anonymous account; an occurrence which was followed by the suspension of all meetings of parliament for eleven years.

Upon Monday the second of March, as soone as praiers in parliament were ended, the Speaker went into the chaire, and delivered the Kinges command for the adjornement of the Howse untill Tewsday sevenight following, being the tenth of March.

(March 2, 1629)

Sir John Finch, speaker of the House

Lord Weston,

lord

treasurer

The Howse made him answere, that it was not the office of a Speaker to deliver any such command unto them, but for the adjornement of the Howse it did properly belong unto themselves, and after they had uttered some thinges they thought fitt to be spoken of, they would sattisfie the King.

The Speaker tould them, he had an expresse command from his Majestie that as soone as he had delivered his message he should rise, and upon that left the chaire, but was by force drawne to it againe by Mr. Densill Holles sonn to the Earle of Clare, Mr. Valentine, and others; and Mr. Hollis, notwithstanding the endeavour of Sir Thomas Edmonds, Sir Humfrey May, and other privie Councellers to free the Speaker from the chaire, swore, "God's wounds !" he should sitt still until they pleased to rise.

Here Sir John Elliott begann in a rhetoricall oration to enveigh against the Lord Treasorer and the Bishop of Winchester, saying he could prove the Lord Treasorer to be a great

instrument in the innovation of Religion, and invation of the liberties of the howse; and offered a remonstrance to the howse, wherein he said he could prove him to be the great enimie of the Commonwealth, saying, "This is the Lord Treasorer, in whose person is contracted all the evill: I find him acting and building on those grounds laid by his master the late duke of Buckingham, and his spiritt is moving for these interruptions: and from this feare they breake Parliaments lest Parliaments should breake them. I find him the head of all that great party, the Papists; and all Jesuits and Preists derive from him their shelter and protection. In this great question of Tonnage and Poundage, instruments moved att his command and pleasure, he dismaies our merchants, and he invites strangers to come in to drive our trade, and to serve their owne ends."

the speaker to disobey

the king

The Remonstrance which he offered was put to a question, Refusal of but the Speaker refused to doe it, and said he was otherwise commaunded from the King; whereupon Mr. Selden spake "You say, Mr. Speaker, you dare not put the question which wee commaund you; if you will not put it, we must sitt still, and thus wee shall never be able to doe anie thing; they which maie come after you maie saie they have the Kinges commandment not to doe it. We sitt here, by commaundement of the Kinge, under the great Seale; and for you, you are by his Majestie (sitting in his Royall chaire before both Howses) appointed our Speaker, and nowe you refuse to be our Speaker." The Speaker made an humble supplicatory speach unto the Howse with extremitie of weeping, shewing what commaund he had received from his Majesty, and withall desiring them not to command his ruine; yet, notwithstanding the Speaker's extremetie of weeping and supplicatory oration, Sir Peter Hayman (a gentleman of his own county) bitterly enveighed against him, and tould him, he was sorrie he was a Kentish man, and that he was a disgrace to his country, and a blott to a noble familie; and that all the inconveniences that should follow and their distraccion should be derived to posteritie as the yssue of his basenes, with whome he should be remembred with scorne and disdaine. And that he, for

Anger of the king

277. The

tions of

his part (since he would not be perswaded to doe his dutie) thought it fitting he should be called to the barr, and a newe Speaker chosen in the mean time, since neither advise nor threatninges would prevaile. Mr. Strowd spake much to the same effect, and tould the Speaker that he was the instrument to cutt of the libertie of the subject by the roote, and that if he would not be perswaded to put the same to question, they must all retorne as scattered sheepe, and a scorne put upon them as it was last session.

The King, hearing that the Howse continued to sitt (notwithstanding his command for the adjournement thereof) sent a messinger for the Serjant with his mase, which being taken from the table there cann be noe further proceeding; but the key of the dore was taken from the Serjant and delivered to Sir Miles Hubert to keepe, who, after he had receaved the same, put the serjant out of the Howse, leaving his mase behind him, and then locked the dore. After this, the King sent Mr. Maxell (the usher of the black rodd) for the dissolucion of the Parliament; but being informed that neither he nor his message would be receaved by the Howse, the King grewe into much rage and passion, and sent for the Captaine of the Pentioners and Guard to force the dore; but the rising of the Howse prevented the danger and ill consequence that might have followed.

The following are the three resolutions finally adopted at the violent session just described.

1. Whosoever shall bring in innovation of religion, or by three resolu- favour or countenance seem to extend or introduce Popery or Arminianism or other opinion disagreeing from the true and orthodox church, shall be reputed a capital enemy to this kingdom and commonwealth.

March, 1629

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 the kingdom and commonwealth.