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Charles, in the former part of his reign, had endeavored to overcome the intractable and encroaching spirit of the commons, by a perseverance in his own measures, by a stately dignity of behavior, and by maintaining at their utmost height, and even perhaps stretching beyond former precedent, the rights of his prerogative. Finding, by experience, how unsuccessful those measures had proved, and observing the low condition to which he was now reduced, he resolved to alter his whole conduct, and to regain the confidence of his people by pliableness, by concessions, and by a total conformity to their inclinations and prejudices. It may safely be averred, that this new extreme into which the king, for want of proper counsel or support, was fallen, became no less dangerous to the constitution, and pernicious to public peace, than the other, in which he had so long and so unfortunately persevered.
The pretensions with regard to tonnage and poundage were revived, and with certain assurance of success, by the commons.[**]
* Rush, vol. v. p. 267. * It appears not that the commons, though now entirely masters, abolished the new impositions of James, against which they had formerly so loudly complained; a certain proof that the rates of customs settled by that prince, were in most instances just, and proportioned to the new price of commodities. They seem rather to have been low. See Journ. 10th Aug. 1625.
The levying of these duties as formerly, without consent of parliament, and even increasing them at pleasure, was such an incongruity in a free constitution, where the people by their fundamental privileges cannot be taxed but by their own consent, as could no longer be endured by these jealous patrons of liberty. In the preamble, therefore, to the bill by which the commons granted these duties to the king, they took care, in the strongest and most positive terms, to assert their own right of bestowing this gift, and to divest the crown of all independent title of assuming it. And that they might increase, or rather finally fix, the entire dependence and subjection of the king, they voted these duties only for two months; and afterwards, from time to time, renewed their grant for very short periods.[*] Charles, in order to show that he entertained no intention ever again to separate himself from his parliament, passed this important bill without any scruple or hesitation.[**]
* It was an instruction given by the house to the committee which framed one of these bills, to take care that the rates upon exportation may be as light as possible, and upon importation as heavy as trade will bear; a proof that the nature of commerce began now to be understood. Journ. 1st June, 1641 ** Clarendon, vol. i. p. 208.
With regard to the bill for triennial parliaments, he made a little difficulty. By an old statute, passed during the reign of Edward III., it had been enacted, that parliaments should be held once every year, or more frequently if necessary: but as no provision had been made in case of failure, and no precise method pointed out for execution, this statute had been considered merely as a general declaration, and was dispensed with at pleasure. The defect was supplied by those vigilant patriots who now assumed the reins of government. It was enacted, that if the chancellor, who was first bound under severe penalties, failed to issue writs by the third of September in every third year, any twelve or more of the peers should be empowered to exert this authority; in default of the peers, that the sheriffs, mayors, bailiffs, etc., should summon the voters; and in their default, that the voters themselves should meet and proceed to the election of members, in the same manner as if writs had been regularly issued from the crown. Nor could the parliament, after it was assembled, be adjourned, prorogued, or dissolved, without their own consent, during the space of fifty days. By this bill, some of the noblest and most valuable prerogatives of the crown were retrenched; but at the same time nothing could be more necessary than such a statute, for completing a regular plan of law and liberty. A great reluctance to assemble parliaments must be expected in the king, where these assemblies, as of late, establish it as a maxim to carry their scrutiny into every part of government. During long intermissions of parliament, grievances and abuses, as was found by recent experience, would naturally creep in; and it would even become necessary for the king and council to exert a great discretionary authority, and by acts of state to supply, in every emergence, the legislative power, whose meeting was so uncertain and precarious. Charles, finding that nothing less would satisfy his parliament and people, at last gave his assent to this bill which produced so great an innovation in the constitution.[*] Solemn thanks were presented him by both houses. Great rejoicings were expressed both in the city and throughout the nation. And mighty professions were every where made of gratitude and mutual returns of supply and confidence. This concession of the king, it must be owned, was not entirely voluntary: it was of a nature too important to be voluntary. The sole inference which his partisans were entitled to draw from the submissions so frankly made to present necessity was, that he had certainly adopted a new plan of government, and for the future was resolved, by every indulgence, to acquire the confidence and affections of his people.
Charles thought, that what concessions were made to the public were of little consequence, if no gratifications were bestowed on individuals who had acquired the direction of public counsels and determinations. A change of ministers, as well as of measures, was therefore resolved on. In one day, several new privy counsellors were sworn; the earls of Hertford Bedford, Essex, Bristol; the lords Say, Saville, Kimbolton. within a few days after was admitted the earl of Warwick.[**] All these noblemen were of the popular party; and some of them afterwards, when matters were pushed to extremities by the commons, proved the greatest support of monarchy.
* Clarendon, vol. i. p. 209. Whitlocke, p. 39. Rush. vol. v. p, 189. ** Clarendon, vol. i. p. 195.
Juxon, bishop of London, who had never desired the treasurer’s staff, now earnestly solicited for leave to resign it, and retire to the care of that turbulent diocese committed to him. The king gave his consent; and it is remarkable that, during all the severe inquiries carried on against the conduct of ministers and prelates, the mild and prudent virtues of this man who bore both these invidious characters, remained unmolested.[*] It was intended that Bedford, a popular man, of great authority, as well as wisdom and moderation, should succeed Juxon; but that nobleman, unfortunately both for king and people, died about this very time. By some promotions, place was made for St. John, who was created solicitor-general. Hollis was to be made secretary of state, in the room of Windebank, who had fled: Pym, chancellor of the exchequer, in the room of Lord Cottington, who had resigned: Lord Say, master of the wards, in the room of the same nobleman: the earl of Essex, governor, and Hambden, tutor to the prince.[**]
* Warwick, p, 95. ** Clarendon, vol. i. p. 210, 211.
What retarded the execution of these projected changes, was the difficulty of satisfying all those who, from their activity and authority in parliament, had pretensions for offices, and who still had it in their power to embarrass and distress the public measures. Their associates too in popularity, whom the king intended to distinguish by his favor, were unwilling to undergo the reproach of having driven a separate bargain, and of sacrificing to their own ambitious views the cause of the nation. And as they were sensible that they must owe their preferment entirely to their weight and consideration in parliament, they were most of them resolved still to adhere to that assembly, and both to promote its authority, and to preserve their own credit in it. On all occasions, they had no other advice to give the king, than to allow himself to be directed by his great council; or, in other words, to resign himself passively to their guidance and government. And Charles found, that instead of acquiring friends by the honors and offices which he should bestow, he should only arm his enemies with more power to hurt him.