M tion, or an absolute destruction. The English | have sent for." But when the favourite counted rushed like bull-dogs upon the causeway; and his losses, he thought it better to give up this when they got beyond it, notwithstanding their enterprise and return straight to England, where, frightful loss, they turned their faces towards as his master told him, he could not come sooner the French, formed in good order, and offered than welcome. And, in effect, when he arrived them battle. But Schomberg, too glad to see at the end of November, with a disgraced flag them gone, declined the contest, and permitted and a murmuring fleet, Charles received him with them to re-embark without offering them further an increase rather than a diminution of affection molestation. The precious fruits of this expedi- and confidence, at which people lifted up their tion were the loss of half the English troops that hands; and some said that assuredly nothing but had been engaged in it, and the speedy ruin of death would part the king and this minister. The the Rochellers and French Protestants. The nation was now sorely hurt in its pride, and thus duke, still loath to leave the French shore, and made the more sensible to the illegal attacks on seeing no hope of doing anything near Rochelle, its purse. "The refusers," as those were called where an immense army was concentrating under who resisted the loan, had been brought up to the command of Louis' brother, Gaston, Duke of London and imprisoned by scores. When they Orleans, conceived some very notable project claimed their liberty by habeas corpus, they were upon that old jewel of the English crown, the told that they were detained by the king's especial city of Calais; and his master had written to tell commandment. Selden and the other constituhim that he much approved of that design, and tional lawyers referred to Magna Charta and its would see him provided in all things necessary thirty-times-repeated confirmation by different for the execution of it with all diligence; "and sovereigns; and their discourses sent the people for secrecy," added Charles, "I shall speak of it to study the ancient charters and rights of the to no living soul but to Jack Epslie, whom I | nation. CHAPTER VII.-CIVIL AND MILITARY HISTORY.-A.D. 1628-1629. CHARLES I. Charles summons his parliament-He proceeds to raise money before it assembles-Indignation at this unconstitutional measure-Formidable array against him in the House of Commons-His menacing speech to them -Their independent conduct-Their resolutions passed about the liberty of the subject-Their "Petition of Right"-Indirect reply of Charles to the petition-He threatens to prorogue parliament-Resentment of the commons in consequence-Their debate-Their attacks on the Duke of Buckingham-The lords join them in applying for an answer to the Petition of Right-Charles assents to the petition-He abruptly prorogues parliament-Rochelle closely invested-Continuing dislike of the nation against Buckingham-He resolves to attempt the relief of Rochelle-He is assassinated at Portsmouth-Account of Felton the assassin-Conduct of Charles on hearing of the duke's death-Funeral of Buckingham-Trial and execution of Felton-Capture of Rochelle-Meeting of parliament-Their indignation at the infringements of the Petition of Right—The king summons the lords and commons to Whitehall-His address to them-He defends his proceedings in enforcing tonnage and poundage-Resolutions of the commons in defence of conscience and property-Charles demands a settlement of tonnage and poundage-The parliament withhold their answer-They demand the redress of religious grievances-First appearance of Oliver Cromwell in parliament-Attacks on Bishop Land and Arminianism-The house commanded by the king to adjourn-The members continue their proceedings -They detain the speaker in the chair-Articles resolved by the house-Charles dissolves this his third parliament-The chief recusants sent to the Tower-The king's arbitrary designs against them checked-Their refusal to submit-Their trial and sentence-Oppressive proceedings against Richard Chambers. S UCH was the state of affairs at | but they had scarcely gone forth when the king home when Charles was persuaded, appointed commissioners to collect war-money much against his own feelings, to from the different counties, and inform the people summon a parliament, in order that if they paid dutifully the sums required of to obtain the means of renewing, them he would meet the parliament, if not, he with better success, the war abroad. would think of some more speedy way. Upon The writs were issued on the 29th of January 1 Hardwicke Papers. This Jack Epslie was a confidential for a parliament to meet on the 17th of March; messenger, much employed by Buckingham. "2 this mad proceeding there arose a universal cry | both out of nature and duty, hath most care of of disappointment and anger: the commissioners your preservation and prosperities." stood aghast, and Charles made haste to revoke the commission by a proclamation, wherein he promised to rely on the love of his people as expressed by parliament. But this revocation could not undo the mischief which had been so rashly done; and, pinched by his necessities, Charles in a few days proceeded to impose some new duties on merchandise of his own authority. Both ministers and judges seem to have feared impeachment: the judges had the honesty to declare that the duties were illegal; and here again the king retraced his steps, and called in his orders. At this time Charles had an unusual number of troops at his command, and a project was entertained, and even settled in all its details, for the bringing over some thousands of foreign mercenaries. Hence arose a greater excitement than ever, and a resolution to return the most patriotic or democratic members to the House of Commons. The people of Westminster elected Bradshaw, a brewer, and Maurice, a grocer; other places followed their example in rejecting the men that had betrayed either timidity or subserviency to the court. When the commons met, on the 17th of March, their house was crowded, and their aggregate wealth was said to be three times greater than that of the House of Lords-such had been the fruits of commerce and industry-such the rise of the third estate, which had now the power as well as the right of asserting its due influence. It was also observed that many of the popular members were followed up to London by a train of well-doing, hardy freeholders, far more numerous than the train of any of the peers. Shortly before their assembling, Charles (as boons and great graces) liberated seventy-eight gentlemen who were in prison for refusing to contribute to his forced loan, opened the gates of the Tower to the Earl of Bristol, and restored Archbishop Abbot to the exercise of his authority. But such was the temper of Charles, that he could not make an opening speech to go in tune with the times. "I have called you together," said he, "judging a parliament to be the ancient, the speediest, and the 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 has put into my 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, 1 Rushworth; Somers' Tracts, Rymer. The commons had not met to threaten; they were cool and collected, and did not even lose temper at this irritating speech, or the more biting harangue of the lord-keeper, who told them that the king had chosen a parliamentary way to obtain supplies, not as the only way, but as the fittest; not because he was destitute of other means, but because this was most agreeable to the goodness of his own most gracious disposition. "If this be deferred," cried this precious politician, "necessity and the sword may make way for others. Remember his majesty's admonition; I say remember it!" Here was threatening enough; but the house maintained its composure, and, without invective or much delay, resolved to grant five subsidies, and agreed that the whole should be paid within the year; but they also resolved that the king should not have this money until he formally recognized some of the most sacred rights of the people, and gave a solemn pledge for the redress of grievances. "It will in us be wrong done to ourselves, to our posterity, to our consciences, if we forego this just claim and pretension," said Sir Francis Seymour. Coke, more vigorous than ever, because more patriotic, invoked the ancient laws, and made several effective speeches against forced loans and irregular imprisonments. Other members spoke well and at large upon the recent abuses of billeting soldiers, raising money by loans, by benevolences, and privy seals; "and, what was too fresh in memory, the imprisonment of certain gentlemen, who refused to lend, and, afterwards bringing their habeas corpus, were, nevertheless, remanded to prison." In vain one court member bade them take heed of distrusting the king, who was young and vigorous, and did these and the like things out of necessity; in vain another spoke of the king's goodness being next only to that of God; the commons would not be moved a hair's breadth from their purpose. "Let us work while we have time," cried Coke; "I am absolutely for giving supply to his majesty, but yet with some caution. Let us not flatter ourselves. Who will give subsidies if the king may impose what he will? I know he is a religious king, free from personal vices; but he deals with other men's hands, and sees with other men's eyes." On the 8th day of May the commons passed the following resolutions, without a dissentient voice :"1. That no freeman ought to be committed, or detained in prison, or otherwise restrained, by command of the king, or the privy council, or any other; unless some cause of the commitment, detainer, or restraint, be expressed, for which, by law, he ought to be committed, detained, or re 113 strained. 2. That the writ of habeas corpus cannot be denied, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained by the command of the king, the privy council, or any other; he praying the same. 3. That if a freeman be committed or detained in prison, or otherwise restrained, by command of the king, privy council, or any other, no cause of such commitment, &c., being expressed; and the same be returned upon an habeas corpus granted for the said party, that then he ought to be delivered or bailed. 4. That the ancient and undoubted right of every freeman is, that he hath a full and absolute property in his goods and estate; and that no tax, tallage, loan, benevolence, or other like charges, ought to be commanded, or levied by the king or his ministers, without common assent of parliament."1 The lords were not altogether prepared to second the commons; the king was determined to cling to the prerogatives or abuses of his predecessors; and, above all, to that particular practice by which, at his own will, he sent the subject to a prison, without assigning cause, or bringing him to a fair trial; and, though eager for the five subsidies, which he must have well known he could not get without gratifying the commons, Charles let his intentions appear broadly through a very thin and transparent veil of compliment and cajolery. Buckingham also did infinite mischief to his cause, by an impertinent interference, which was denounced in the commons by Sir John Eliot. Meanwhile the mighty stream rolled onward in its resistless course. After some conferences with the lords, who were as anxious as themselves to put an end at least to arbitrary imprisonment, the commons, on the 28th of May, prayed the king's assent to the celebrated "PETITION OF RIGHT." They humbly showed to his majesty that, by the statute made in the reign of King Edward I., commonly called Statutum de Tallagio non concedendo, no tallage or aid could be levied by the king without consent of parliament; that, by authority of parliament, holden in the 25th year of King Edward III., it was declared and enacted, that from thenceforth no person should be compelled to make any loans to the king such loans being against reason and the franchises of the land. "And," continued the petition, "by other laws of this realm, it is provided, that none should be charged, by any charge or imposition called a benevolence, nor by such like charge; by which the statute before mentioned, and the other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge, not set by common consent in parliament; ! Rushworth. | yet, nevertheless, of late divers commissions, directed to sundry commissioners, in several counties, with instructions, have issued, by pretext whereof your people have been in divers places assembled, and required to lend certain sums of money unto your majesty, and many of them, upon their refusal so to do, have had an unlawful oath administered unto them, not warrantable by the laws and statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your privy council, and in other places; and others of them have therefore been imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties, by lordlieutenants, deputy-lieutenants, commissioners for musters, justices of peace, and others, by command or direction from your majesty or your privy council, against the laws and free customs of this realm." Then, invoking Magna Charta, the commons declared, that, by that great charter of the liberties of England, it was enacted, that no freeman should suffer in person or property, be imprisoned, outlawed, or exiled, or in any manner destroyed, but by the lawful judgment of his peers or by the law of the land. "Nevertheless," they continued, "against the tenor of the said statutes, and other the good laws and statutes of your realm, to that end provided, divers of your subjects have of late been imprisoned, without any cause showed; and when, for their deliverance, they were brought before your justices, by your majesty's writs of habeas corpus, there to undergo and receive, as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your majesty's special command, signified by the lords of your privy council; and yet were returned back to several prisons, without being charged with anything, to which they might make answer by due process of law." They next recited how of late great companies of soldiers and mariners had been dispersed through the counties and billeted in the private houses of the inhabitants, to their great grievance and vexation, and against the laws and customs of this realm. And they then proceeded to make their complaint against martial law, which had been introduced, ostensibly at least, to check the excesses of the troops destined for the continental wars. They told the king, that, by the said great charter and other laws and statutes of this his realm, no man ought to be condemned to death except by the laws established. "Nevertheless," they added, “of late, divers commissions under your majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners, unless we speedily turn to God, God will remove his displeasure upon us. I observe in the mes- with power and authority to proceed, within the land, according to the justice of martial law, against such soldiers and mariners, or other dis-sentation to his majesty hath drawn this mark of solute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever; and, by such summary course or order as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death, according to the law martial; by pretext whereof, some of your majesty's subjects have been, by some of the said commissioners, put to death," &c. In the end, they prayed that all these proceedings and practices should cease, as being contrary to the rights and liberties of the subject, and the laws of the laud. Charles, who would fain have avoided committing himself by any direct answer-who was averse to the sur-ment, let us arise and begone, or sit still and do render of the smallest portion of what he considered his prerogative, but who was gasping for the subsidies returned this answer to the Petition of Right: "The king willeth, that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrongs or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself, in conscience, as well obliged, as of his own prerogative.”1 To have remained satisfied with a stinted and indirect assurance like this would have been the act of imbeciles or cowards. The commons, who felt the righteousness of the cause they had taken in hand, and the consciousness of their own great power, not only were not contented, but were indignant. And Charles added fuel to the flames by sending a message to acquaint them with his intention of proroguing parliament on the 11th of June. This message was delivered on the 5th of June, and on the following day the king repeated it, accompanied with a harsh command not to censure, or enter upon any new business which might lead to the censuring or aspersion of any of the officers of his government. The anger of the commons was expressed in eloquent language, mingled with but scarcely softened by the religious feeling. Several members said that the sinful state of the nation went to defeat the glorious hopes they had entertained. "I perceive," exclaimed Sir Robert Phillips, "that towards God and towards man there is little hope, after our humble and careful endeavours, seeing our sins are many and so great. This message stirs me up; especially when I remember with what moderation we have proceeded." Sir John Eliot continued in the same religious strain:'Our sins," said he, " are so exceeding great, that 66 Journals; Parl. Hist. nothing." And hereupon there was another deep silence for a while, which was at last broken by Sir N. Rich, who said, "We must now speak, or for ever hold our peace; for us to be silent when king and kingdom are in this calamity is not fit. The question is, whether we shall secure ourselves by silence, yea or no. . . . Let us go to the lords, and show our dangers, that we may then go to the king together with our representation thereof." After some more members had spoken to the same effect, the house resolved itself into a committee, to consider what was fit to be done for the safety of the kingdom, and declared that no man should leave his seat, under pain of being sent to the Tower. But before the speaker left the chair, he desired leave to go forth for half an hour. The permission was granted, and Finch hurried to the king. The heat increased on his departure. Mr. Kirton, taking care to preface his remarks with the assertion that the king was as good a prince as ever reigned, said, "That it was time to find out the enemies of the commonwealth who had so prevailed with him, and then he doubted not but God would send them hearts, hands, and swords to cut all their throats." And he added, that for the speaker to desire to leave the house as he had done was a thing never heard of before, and which he feared was ominous. Soon after this outbreak old Coke rose and said, "We have dealt with that duty and moderation that never was the like, after such a violation of the liberties of the subject. Let us take this to heart. In the time of Edward III. had parliament any doubt as to naming men that misled the king? They accused John of Gaunt, the king's son, Lord Latimer, and Lord Nevil, for misadvising the king, and they went to the Tower for it. And now, when there is such a downfall of the state, shall we hold our tongues? . . . And why may we not name those who are the cause of all our | with that which was then well begun, and let us evils? . . . Let us palliate no longer: if we do, renew the charge that was made last parliament God will not prosper us. I think the Duke of against him." At this critical moment, Finch, Buckingham is the cause, and till the king be the speaker, coming in breathless haste from the informed thereof, we shall never go out with king, told them that his majesty's commands honour, nor sit with honour here. That man is were, that they should adjourn till the next mornthe grievance of grievances; let us set down the ing, and that all committees should cease in the causes of all our disasters, and they will all re- meantime. The house quietly adjourned. When flect upon him. As for going to the lords, that they met on the morrow, the speaker endeavoured is not via regia-our liberties are now impeached to excuse his conduct in going to the king, where -we are deeply concerned: it is not via regia, by he hoped he had done nothing, nor made any for the lords are not participant with our liber- representation to his majesty but what was for ties. It is not the king but the duke [a great cry the honour and service of the house. "May my of ""Tis he, 'tis he!'] that saith, we require you tongue," said he, "cleave to the roof of my mouth not to meddle with state government, or the ere I speak to the disadvantage of any member ministers thereof. Did not his majesty, when of this house." After this adjuration he delivered prince, attend the upper house in our prosecution a second message from the king, declaring that of Lord-chancellor Bacon, and the Lord-trea- his majesty had no intention or meaning of barsurer Middlesex?" This last argument was over-ring them from what had been their right, but whelming, and Charles had felt the whole force of it before now. Other members accused the duke of treachery and incapacity as high-admiral and general-in-chief-as an encourager and employer of Papists-as an enemy, not only to his JOHN SELDEN.-From the portrait in the Bodleian Library, country, but to all Christendom. Selden rose up only wished to avoid all scandals on his council and actions past, and that his ministers might not be taxed; and that no such particulars should be entered upon as would require a longer time for consideration than what he had prefixed, and still resolved to hold, for the sitting of this parliament. His majesty, moreover, said that he hoped that all Christendom might have to take notice of a "sweet parting" between him and his people, and then he would not be long in having another meeting with them, when they might talk of their grievances at their leisure and convenience. The commons denied any intention of taxing the king, but they reasserted their right of examining his ministers.' On the next day they went into committee, and examined Burlemachi, a foreign speculator, who had obtained a warrant under the privy seal, and, as he confessed before the committee, £30,000, for the hiring and bringing over troops of German horse." One thousand of these mercenaries were already levied and armed, and waiting for transports on the coast of Holland. "The intent of bringing over these German horse," exclaimed one of the members, "is to cut our throats, or else to keep us at their obedience." Mr. Windham said that twelve of the German commanders had already arrived, and had been seen in St. Paul's. Burlemachi, however, asserted that the order for the embarkation of these troops had been counter 1 Notice being taken of Mr. Kirton's speech, "That he hoped they had all hearts, hands, and swords to cut the throats of the called in question, it was resolved, "That therein he had said enemies to the king and state," that expression being this day nothing beyond the bounds of duty and allegiance; and that they all concurred with him therein."-Journals. 2 In this force one Dalbier was to be employed. Sir John of our army at the isle of Rhé, he being an engineer; and boasted Maynard said that "Dalbier was the only cause of the overthrow that it was his doing that got the French so cheap a victory over the English, and that they might thank him for it: there unfit man to be a commander in our kingdom."-Pari. Hist. fore this fellow, being a stranger and a juggler, is deemed an |