CABINET HISTORY OF ENGLAND. BOOK VII.-Continued. A.D. 1606-1660. CHARLES I.-Continued. 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 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. 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 serjeant VOL. XI. B 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 despatched 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 mean while, 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 66 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 ministers-themselves 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 so 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 of 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 Common, 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 *Rushworth.-Whitelock.-Parl. Hist. 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 mo. ment of excitement the High Commission Court and the Star Chamber passed several harsh sentences; and on the 22nd of March the 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 gra ciously 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 Court of * Rymer. 66 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. 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 publish their opinions therein, to inform his majesty thereof, and humbly to advise him (as had been done by his noble progenitors in like case) to send a direction to his justices of his bench to bail the prisoners."* The Lord Keeper Coventry would not tell the judges whether he had shown this, their letter, to the king or not; but dissembled the matter, and told them that they must attend his majesty at Greenwich. There the king received them in a manner which showed he was displeased with them, and he commanded them not to deliver any opinion in this case without consulting with the rest of the judges. These judges, obviously by royal command, delayed the business, and so it was put off to the end of the term. When the Court of King's Bench was ready to deliver its opinion, the prisoners, by the king's command, were removed from other places of confinement to the Tower; so that, the writs of habeas corpus having been addressed *Whitelock. |