Page 131 of 162

* Rushworth, vol. i. p. 36. Kennet, p. 733.

** Journ. 1st December, 1621.

*** To show to what degree the nation was inflamed with
regard to the Palatinate, there occurs a remarkable story
this session. One Floyd, a prisoner in the Fleet, a
Catholic, had dropped some expressions in private
conversation, as if he were pleased with the misfortunes of
the palatine and his wife. The commons were in a flame; and,
pretending to be a court of judicature and of record,
proceeded to condemn him to a severe punishment. The house
of lords checked this encroachment; and, what was
extraordinary, considering the present humor of the lower
house, the latter acquiesced in the sentiments of the peers.
This is almost the only pretension of the English commons in
which they have not prevailed. Happily for the nation, they
have been successful in almost all their other claims. See
Parliamentary History, vol. v. p 428, 429, etc. Journ. 4th,
8th, 12th of May, 1621.

**** Franklyn. p. 73.

The zeal of the commons immediately moved them, upon their 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 uncontrolled 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 an entire toleration, if not the final restablishment of their religion. The commons, therefore, entreated his majesty, that he would immediately undertake the defence of the Palatinate, 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 negotiation 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.[*]

* Franklyn, p. 58, 59. Rushworth, vol. i. p. 40, 41. Kennet,
p. 787.

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 favorite 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 color 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 honor 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 entitled to punish every misdemeanor in parliament, as well during its sitting as after its dissolution; and that he intended thenceforward to chastise any man whose insolent behavior there should minister occasion of offence.[*]

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 entitled 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.[**]

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 twelve chairs to be brought; for that there were so many kings a coming.[***]

* Franklyn, p. 60. Rushworth, vol. i. p. 43. Kennet, p. 741.

** Franklyn, p. 60. Rushworth, vol. i. p. 44. Kennet, p.
741.

*** Kennet, p. 43.

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 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 style, 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 shows 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.”[**]

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 fortified 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 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 jurisdictions of parliament, are the ancient and undoubted birthright and inheritance of the subjects of England.”[***]

The king, informed of these increasing 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;[****] 56 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.