it should have granted two more subsidies. This discourse from the favourite on the one hand, aided by fear and jealousy of the parliament on the other," caused the king to play all sorts of parts. Sometimes he swore, and denied his Maker (reniant Dieu); then he laid his length upon the ground, and declared he wished to die, also that he saw well that the parliament would be his death; then he wept," and finally determined to go and throw himself on the protection of the upper house*. The concern of Buckingham to procure a dissolution of the parliament was not unreasonable, as, in the judgment of discerning men, it menaced nothing less than his destruction. "This it is true," says the authority last cited," is delayed by the spirit of cowardice which a long peace has brought upon this country, but we cannot but believe, that in some way or other, this spirit will come to an end, and then be converted into fury. I entertain this view in common with many intelligent men, so that this state, which has so long beheld with joy our misery, and that of Christendom, will be in similar condition, unless more compassion be shown towards her. I am induced to judge in this fashion, more than by any thing else, by James's plan for the diminution of the power of the parliament, which is intended for the purpose of maintaining the equilibrium between the prerogatives of the king and the liberties of the people. So long therefore as this power of the parliament maintained itself erect, without bending to one side or the other, the state continued to flourish; it is however to be feared, that if it once sink, all will crumble into ruin together. His own feeling teaches this to every Englishman, and all complain of the matter †." Nor were the wisest heads competent to foresee on which side, in this momentous conflict, the scale would turn, whether for liberty or despotism. Thus much only was certain, the king was without a council, the country without a government, nothing prospering save Buckingham and his relations. "All murmur, all suffer; the lords are contemned and little rewarded; the nobility taxed, and the people impoverished. Nor is it enough that all classes should be pressed down into such a condition, but it is forbidden even to complain. If out of all this, greater dissatisfaction among the great, revolt of the people, and bloody war do not arise, the reason does not lie in the lightness of the evil, but in that this people is either more moderate, or less sensible to injury, or more timid than others. Beyond doubt, however, the imposthume must break, and that soon, as stimulants are constantly applied. In what manner this will take place, no one knows: perhaps it will occur by the Dutch bringing over the Electress Palatine of England, and providing the puritans an honourable pretext for revolt, and a stimulus to their fervour ." In a condition of affairs so unsettled and foreboding, it is hardly surprising that the object of Buckingham in procuring an adjournment of the parTillieres in Raumer, ii, 267. Ibid., ii. 265. Ibid., ii. 266. liament was to see it speedily dissolved. But the dangers of such a measure became the more formidable the more nearly it was contemplated. It was accordingly determined to employ the recess in correcting such abuses as were expected to engage the attention of the commons at their next meeting. Many obnoxious patents wese abolished. Something was done to improve the coin, to afford protection and encouragement to commerce, and to assist the still exiled elector *. But even in this interval the government displayed its folly, as much as its wisdom. In conducting the recent impeachments, the commons had been particularly aided by the zeal and ability of sir Edward Coke and sir Edwin Sandys, and the house was no sooner adjourned, than both found themselves exposed to the vengeance of the court. Against Coke a persecution was commenced, on the pretence that the wealth of which he became possessed while in office was more than he could have honestly acquired. Sandys, aware of the resentment to which his conduct would expose him, had endeavoured to protect himself against penalties of this nature, by obtaining a vote from the house, which declared the conduct of all its members to have been strictly parliamentary. Even this, however, was not sufficient. Sandys, and Selden his adviser, were put under arrest. The adjournment lasted five months. When the commons again met, nothing was to be heard from them but complaints of the injuries inflicted on Coke and Sandys. "The business of the whole house," said secretary Calvert, "sticketh at that knot." Sir Edwin's detention had not been for more than a few weeks. He was now indisposed, and confined to his bed. But two members were deputed to wait upon him; and before the popular leaders could be induced to entertain any other question, the secretary had repeatedly to assure the house that sir Edwin's arrest had not been in consequence of any thing in his conduct as a member of parliament. Parliament reassembled. and the com liament. When this matter was thus far settled, it was still resolved, before Dispute begranting a single subsidy, to present a petition to the king, tween James deploring the advances of popery at home and abroad; the mons, respect- pope, and his great ally the king of Spain, having leagued ing the privi- together, for the purpose of utterly destroying the civil and leges of par- religious liberties of Christendom. As the best method of counteracting these schemes, it was urged that war should be at once declared against Spain, that power having been all along most hostile to the Elector; and that the king should exercise his utmost care to prevent the prince of Wales from becoming the husband of any princess, who was not known to be sincerely devoted to the great cause of protestantism. It was the wish of the house to submit their judgment to the sovereign on matters of this grave and delicate import in terms of the greatest deference and respect. But James anticipated their purpose, by procuring a copy of the petition, and on perusing it, gave expression * Rushworth, i. 36. to the strongest feeling of indignation. The increase of popery, and the best means of suppressing it, were topics to which they had been long wont to apply their wisdom, but his majesty was not prepared for their presumption in censuring the honourable conduct of the king of Spain, in calling for war without the slightest provocation, and above all, in offering their advice as to the most suitable alliance for his children; and he would have the most "fiery popular spirits " among them know, that such matters were quite above their understanding, and that no petition from them was likely to obtain favour or acceptance with him, which meddled with questions so much beyond their capacity. As to marrying his son "to some protestant-he would not say princess-he had only to affirm, that he knew of no one fit for him." Nor did he wish them to mistake his conduct in regard to sir Edwin Sandys, for, if it might be well to apprize them that his recent commitment of that person had not been on account of any thing in his behaviour as a member of parliament, it was no less proper to inform them, that, as king of England, he possessed the power to punish all misconduct in such assemblies, either during their sitting or afterwards, nor should he hesitate to exercise that power as occasion should offer *. The commons were nothing moved by this language. They prepared a reply, in which they expressed their regret that a petition so well meant should have been so little acceptable to their sovereign; they also ventured to intimate, that whatever related to the safety of the throne and realm of England, must assuredly be among the things to which parliament is bound to give its attention; and as to the power of the crown to punish the conduct of members of parliament, they must be allowed to claim an exemption from such power, as their ancient and undoubted right, and as an inheritance received from their ancestors. The resentment of the monarch had in some degree subsided before returning his answer to this document. But it will not be supposed that this description of popular privileges, as matters sanctioned by law and justice, would be allowed to pass in silence, and, accordingly, in the conclusion of his majesty's letter, we find the following protest against this assumption. "He could not allow of the style calling their privileges an undoubted right and inheritance, but could rather have wished that they had said their privileges were derived from the grace and permission of his ancestors and himself, for most of them had power from precedent, which rather shows toleration than inheritance-yet he gave them his royal assurance, that as long as they contained themselves within the limits of their duty, he would be as careful to maintain their lawful liberties and privileges as he would his own prerogative; so that their house did not touch on that prerogative, which would enforce him, or any just king, to retrench their privileges." This language, though somewhat more softened than that in which the king had before addressed the house, was heard with greater apprehension. * Rushworth, i. 40—44. It was the language of deliberation, and it stated, that in the judgment of the king, the liberties of Englishmen were a matter of "grace and permission" only; and as such to be enjoyed during the royal pleasure, but no longer. Such was the impression made by the announcement of these principles, that the ministers laboured to diminish the indiscretion of the sovereign by offering the best explanation and excuses in their power; and James himself descended to something like the language of apology; but, with his usual inconsistency on such occasions, it is to the last insinuated, that the man who must speak of popular freedom as a "right," or an "inheritance," could be no very loyal subject. Hence a long discussion ensued on this vital topic. Sir Robert Phillips is described as saying, "since his majesty has said that we hold our liberty by the grace of princes, and not by a right descended to us, and that question has been stirred, (which he wished had not been,) he thinks that we are now to do something more on this point, than to let it so rest. And in so doing, we should do no more than was done in the first parliament of his majesty, when the king said we held our liberties by a toleration, not by right; whereupon there was here entered a public declaration, that we held them by inheritance from our ancestors *." The speeches of several members were to this effect, and the result was, that the following memorable record was entered on the journals. Protest of the "The commons now assembled in parliament, being justly occasioned thereunto, concerning certain liberties, franchises, privicommons con- leges, and jurisdictions of parliament, amongst others not cerning their herein mentioned, do make this protestation following:rights. That the liberties, franchises, privileges, and jurisdictions of parliament are the ancient and undoubted birthright and inheritance of the subjects of England; and that the arduous and urgent affairs concerning the king, the state, and the defence of the realm and of the church of England, and the making and maintenance of laws, and redress of mischiefs and grievances, which daily happen within this realm, are proper subjects and matter of counsel and debate in parliament, and that, in the handling and proceeding of those businesses, every member of the house hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring to conclusion the same. That the commons in parliament have like liberty and freedom to treat of those matters, in such orders as in their judgments shall seem fittest; and that every such member of the said house hath like freedom from all impeachment, imprisonment, and molestation, (other than by the censure of the house itself,) for or concerning any bill, speaking, reasoning, or declaring of any matter or matters touching the parliament or parliament business; and that if This reference is to the valuable document which Hume insinuates was too liberal in its principles to have been adopted by the house. One member, in the course of this debate, expressed some doubt whether the "Apology" adverted to, had been entered, but all were agreed as to its having been adopted. See page 33, note, of the present volume. Hume, James I. p. 23. note e. Pari. Hist., i, 1030, et seq. 1347, et seq. Rushworth, i. 44-52. any of the said members be complained of, and questioned for any thing said or done in parliament, the same is to be showed to the king, by the advice and assent of all the commons assembled in parliament, before the king give credence to any private information." It is noticed in the journals as remarkable, that this declaration was carried so late as between five and six o'clock in the evening, and by candle-light. Parliament James, on learning what had been done, sent for the jour- dissolved. nal, and tore the memorial from its place in the presence Jan. 6, 1622. of his ministers. His next step, as will be expected, was to dissolve the parliament*. cessors. To diminish the odium of this proceeding, James issued a proclamation, the purport of which was to assure his subjects that, though circumstances had obliged him to his present course, another parliament should be assembled as soon as convenient, and that in the mean time his government should be conformed in all respects to that of his predeBut it has been justly remarked that "if we Object of look at the position of the adverse parties at this time, we James in these shall see that James was attempting, most unseasonably, proceedings. a new mode of government. The nature of the Gothic monarchies was generally the same. The king, who had first ruled together with his people in rude harmony, came, in time, to exercise certain powers of government which he called prerogative; and the people, who in early times assembled on every occasion to discuss grievances, and laws, and treaties, became in the progress of civilization divided into cities, and had their privileges set down in general and particular charters. Both prerogative and privilege were liable to misconstruction, and sometimes overflowed their banks; but the king always spoke with respect of the liberties of his subjects, even when he illegally imprisoned their persons; and the people professed their veneration for monarchy, even when they deposed their king. Queen Elizabeth, acting in this spirit, abjured the notion of infringing the rights of her subjects, at the same time that she occasionally encroached upon, and always narrowly confined, the rights she professed to maintain. She acknowledged the liberties of the people without doubt or hesitation, but made use of her own dictionary for the definition of the term. James attempted a new system; he denied the existence of privileges altogether, except by sufferance; and without possessing the wisdom of an ordinary man, he claimed, in an inquiring age, the infallibility of the Deity +." It was in pursuance of this ill-judged policy that James now proceeded to inflict vengeance on the popular members of Imprisonment both houses; for the opposition to the court in this par- of membersliament, or, which was the same thing, to the favourite, popular dis-had been manifest, as we have seen, in the lords as well as the commons. content. The earls of Oxford and Southampton were made to |