The History of England - Vols. 1 to 6 (351 page)

The zeal of the commons immediately moved them, upon their

14th Nov.

assembling, to take all these transactions into consideration.

They framed a remonstrance, which they intended to carry to the king. They represented, that the enormous growth of the Austrian power threatened the liberties of Europe; that the progress of the catholic religion in England bred the most melancholy apprehensions, lest it should again acquire an ascendant in the kingdom; that the indulgence of his majesty towards the professors of that religion had encouraged their insolence and temerity; that the uncontrouled conquests, made by the Austrian family in Germany, raised mighty expectations in the English papists; but above all, that the prospect of the Spanish match elevated them so far as to hope for PLL v6.0 (generated September, 2011)

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an entire toleration, if not the final re-establishment of their religion. The commons, therefore, entreated his majesty, that he would immediately undertake the defence of the Palatine, and maintain it by force of arms; that he would turn his sword against Spain, whose armies and treasures were the chief support of the catholic interest in Europe; that he would enter into no negociation for the marriage of his son but with a protestant princess; that the children of popish recusants should be taken from their parents, and be committed to the care of protestant teachers and schoolmasters; and that the fines and confiscations, to which the catholics were by law liable, should be

levied with the utmost severity.o

By this
bold
step, unprecedented in England for many years, and scarcely ever heard of in peaceable times, the commons attacked at once all the king’s favourite maxims of government; his cautious and pacific measures, his lenity towards the Romish religion, and his attachment to the Spanish alliance, from which he promised himself such mighty advantages. But what most disgusted him was, their seeming invasion of his prerogative, and their pretending, under colour of advice, to direct his conduct in such points, as had ever been acknowledged to belong solely to the management and direction of the sovereign. He was, at that time, absent at Newmarket; but as soon as he heard of the intended remonstrance of the commons, he wrote a letter to the speaker, in which he sharply rebuked the house for openly debating matters far above their reach and capacity, and he strictly forbade them to meddle with any thing that regarded his government or deep matters of state, and especially not to touch on his son’s marriage with the daughter of Spain, nor to attack the honour of that king or any other of his friends and confederates. In order the more to intimidate them, he mentioned the imprisonment of Sir Edwin Sandys; and though he denied, that the confinement of that member had been owing to any offence committed in the house, he plainly told them, that he thought himself fully intitled to punish every misdemeanor in parliament, as well during its sitting as after its dissolution; and that he intended thenceforward to chastize any man, whose insolent behaviour there

should minister occasion of offence.p

This
violent
letter, in which the king, though he here imitated former precedents, may be thought not to have acted altogether on the defensive, had the effect, which might naturally have been expected from it: The commons were inflamed, not terrified.

Secure of their own popularity, and of the bent of the nation towards a war with the catholics abroad, and the persecution of popery at home, they little dreaded the menaces of a prince, who was unsupported by military force, and whose gentle temper would, of itself, so soon disarm his severity. In a new remonstrance, therefore, they still insisted on their former remonstrance and advice; and they maintained, though in respectful terms, that they were intitled to interpose with their counsel in all matters of government; that to possess entire freedom of speech, in their debates on public business, was their ancient and undoubted right, and an inheritance transmitted to them from their ancestors; and that, if any member abused this liberty, it belonged to the house alone, who were witnesses of his offence, to inflict a proper censure upon him.
q

So
vigorous
an answer was nowise calculated to appease the king. It is said, when the approach of the committee, who were to present it, was notified to him, he ordered PLL v6.0 (generated September, 2011)

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twelve chairs to be brought: For that there were so many kings a coming.
r
His answer was prompt and sharp. He told the house, that their remonstrance was more like a denunciation of war than an address of dutiful subjects; that their pretension to inquire into all state-affairs, without exception, was such a
plenipotence
as none of their ancestors, even during the reign of the weakest princes, had ever pretended to; that public transactions depended on a complication of views and intelligence, with which they were entirely unacquainted; that they could not better show their wisdom as well as duty, than by keeping within their proper
s
sphere; and that in any business, which depended on his prerogative, they had no title to interpose with their advice, except when he was pleased to desire it. And he concluded with these memorable words;
And
though we cannot allow of your stile, in mentioning your ancient and undoubted right
and inheritance, but would rather have wished, that ye had said, that your privileges
were derived from the grace and permission of our ancestors and us (for the most of
them grew from precedents, which shews rather a toleration than inheritance); yet we
are pleased to give you our royal assurance, that as long as you contain yourselves
within the limits of your duty, we will be as careful to maintain and preserve your
lawful liberties and privileges as ever any of our predecessors were, nay, as to

preserve our own royal prerogative.t

This open pretension of the king’s naturally gave great alarm to the house of commons. They saw their title to every privilege, if not plainly denied, yet considered, at least, as precarious. It might be forfeited by abuse, and they had already abused it.

They thought proper, therefore, immediately to oppose pretension to pretension.

They framed a protestation, in which they repeated all their 18th Dec.

former claims for freedom of speech, and an unbounded

authority to interpose with their advice and counsel.

And they asserted,
That the liberties, franchises, privileges, and
Protestation of the

jurisdictions of parliament, are the ancient and undoubted birth-
commons.

right and inheritance of the subjects of England.
NOTE [K]

The king, informed of these encreasing heats and jealousies in the house, hurried to town. He sent immediately for the journals of the commons; and, with his own hand, before the council, he tore out this protestation;
w
and ordered his reasons to be inserted in the council-book. He was doubly displeased, he said, with the protestation of the lower house, on account of the manner of framing it, as well as of the matter which it contained. It was tumultuously voted, at a late hour, and in a thin house; and it was expressed in such general and ambiguous terms, as might serve for a foundation to the most enormous claims, and to the most unwarrantable usurpations

upon his prerogative.x

The meeting of the house might have proved dangerous after so violent a breach. It was no longer possible, while men were in such a temper, to finish any business. The king, therefore, prorogued the parliament, and soon after dissolved it by proclamation; in which he also made an apology to the public for his whole conduct.

The leading members of the house, Sir Edward Coke and Sir Robert Philips, were committed to the Tower; Selden, Pym, and Mallory, to other prisons.
y
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Perrot, joined in commission with others, were sent to Ireland, in order to execute some business.
z
The king, at that time, enjoyed, at least exercised, the prerogative of employing any man, even without his consent, in any branch of public service.

Sir John Savile, a powerful man in the house of commons, and a zealous opponent of the court, was made comptroller of the household, a privy counsellor, and soon after, a baron.
a
This event is memorable; as being the first instance, perhaps, in the whole history of England, of any king’s advancing a man, on account of parliamentary interest, and of opposition to his measures. However irregular this practice, it will be regarded by political reasoners, as one of the most early and most infallible symptoms of a regular established liberty.

The king having thus, with so rash and indiscreet a hand, torn off that sacred veil, which had hitherto covered the English constitution, and which threw an obscurity upon it, so advantageous to royal prerogative, every man began to indulge himself in political reasonings and enquiries; and the same factions, which commenced in parliament, were propagated throughout the nation. In vain did James, by re-iterated proclamations, forbid the discoursing of state affairs.
b
Such proclamations, if they had any effect, served rather to inflame the curiosity of the public. And in every company or society, the late transactions became the subject of argument and debate.

All history, said the partizans of the court, as well as the history of England, justify the king’s position with regard to the origin of popular privileges; and every reasonable man must allow, that, as monarchy is the most simple form of government, it must first have occurred to rude and uninstructed mankind. The other complicated and artificial additions were the successive invention of sovereigns and legislators; or, if they were obtruded on the prince by seditious subjects, their origin must appear, on that very account, still more precarious and unfavourable. In England, the authority of the king, in all the exterior forms of government and in the common style of law, appears totally absolute and sovereign; nor does the real spirit of the constitution, as it has ever discovered itself in practice, fall much short of these appearances. The parliament is created by his will; by his will it is dissolved. It is his will alone, though at the desire of both houses, which gives authority to laws. To all foreign nations, the majesty of the monarch seems to merit sole attention and regard. And no subject, who has exposed himself to royal indignation, can hope to live with safety in the kingdom; nor can he even leave it, according to law, without the consent of his master. If a magistrate, invironed with such power and splendor, should consider his authority as sacred, and regard himself as the anointed of heaven, his pretensions may bear a very favourable construction. Or, allowing them to be merely pious frauds, we need not be surprized, that the same stratagem which was practised by Minos, Numa, and the most celebrated legislators of antiquity, should now, in these restless and inquisitive times, be employed by the king of England. Subjects are not raised above that quality, though assembled in parliament. The same humble respect and deference is still due to their prince. Though he indulges them in the privilege of laying before him their domestic grievances, with which they are supposed to be best acquainted, this warrants not their bold intrusion into every province of government. And, to all judicious examiners, it must appear, “That the lines of duty are as much transgressed PLL v6.0 (generated September, 2011)

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by a more independent and less respectful exercise of acknowledged powers, as by the usurpation of such as are new and unusual.”

The lovers of liberty, throughout the nation, reasoned after a different manner. It is in vain, said they, that the king traces up the English government to its first origin, in order to represent the privileges of parliament as dependent and precarious: Prescription and the practice of so many ages, must, long ere this time, have given a sanction to these assemblies, even though they had been derived from an orgin no more dignified, than that which he assigns them. If the written records of the English nation, as asserted, represent parliaments to have arisen from the consent of monarchs, the principles of human nature, when we trace government a step higher, must show us, that monarchs themselves owe all their authority to the voluntary submission of the people. But, in fact, no age can be shown, when the English government was altogether an unmixed monarchy: And if the privileges of the nation have, at any period, been overpowered by violent irruptions of foreign force or domestic usurpation; the generous spirit of the people has ever seized the first opportunity of re-establishing the ancient government and constitution. Though in the style of the laws, and in the usual forms of administration, royal authority may be represented as sacred and supreme; whatever is essential to the exercise of sovereign and legislative power, must still be regarded as equally divine and inviolable. Or, if any distinction be made in this respect, the preference is surely due to those national councils, by whose interposition the exorbitancies of tyrannical power are restrained, and that sacred liberty is preserved, which heroic spirits, in all ages, have deemed more precious than life itself. Nor is it sufficient to say, that the mild and equitable administration of James, affords little occasion, or no occasion of complaint. How moderate soever the exercise of his prerogative, how exact soever his observance of the laws and constitution; “If he founds his authority on arbitrary and dangerous principles, it is requisite to watch him with the same care, and to oppose him with the same vigour, as if he had indulged himself in all the excesses of cruelty and tyranny.”