and we do accordingly hereby authorize and require your lordships, as well to countenance and assist the service by your best means, in your next circuits, in the several counties where you hold general assizes, as also now presently with all convenient expedition to call before you all the officers and attorneys belonging to any his Majesty's courts of justice, and also all such others of the houses and societies of court or that otherwise have dependence upon the law, as are meet to be treated withal in this kind and have not already contributed; and to move them to join willingly in this contribution in some good measure, answerable to that yourselves and others have done before us, according to their means and fortunes; wherein his Majesty doubteth not, but beside the interest of his children and his own crown and dignity, the religion professed by his Majesty and happily flourishing under him within this kingdom (having a great part in the success of this business) will be a special motive to incite and persuade them thereunto. Nevertheless, if any person shall, out of obstinacy or disaffection, refuse to contribute herein proportionably to their estates and means, you are to certify their names unto this board.

And so recommending this service to your best care and endeavour, and praying you to return unto us notes of the names of such as shall contribute and of the sums offered by them, we bid [etc.].

(Historical Collections of Private Passages of State, etc., ed. J. Rushworth, 1682, I, p. 60.)

(B)... Your Lordship by these letters may see how far it concerneth his Majesty in honour and the realm in safety, that the patrimony of the King's children should be recovered again by force of war, since it cannot be obtained by treaty. ... We therefore, who upon the receipt of these his Majesty's letters have met together and duly considered what was most convenient to be done, have resolved that 3s. 10d. in the pound is as little as we can possibly offer towards so great an enterprise, yet hoping that such as be of ability will exceed the same. You shall therefore do well by all forcible reason, drawn from the defence of religion and justice, to incite all your clergy... as also the lecturers and licensed schoolmasters within your diocese, that with all readiness they do contribute towards this noble action. And whereas there be divers commendataries, dignitaries, prebendaries and double-beneficed men that have livings in several dioce

'your

ses, we hold it fit that for every one of these within y Lordship's diocese the contribution be rateable, so that the monies in such sort to be given may be brought to London by the 10th day of March next, to be delivered to the hands of such receivers as for that purpose shall be appointed. And to the end that true notice may be taken of such as are best disposed to this so good a service, we expect that your Lordship send up to the Archbishop of Canterbury the sev eral sums and names of all those who contribute; and lastly ... that you cause the preachers within your diocese in a grave and discreet fashion to excite the people that, when occasion shall serve, they do extend their liberalities to so Christian and worthy an enterprise: Wherein not doubting but your lordship will use all your best, prudent, and most careful endeavours, we leave you to the Almighty. From Lambeth, 21. Januarii MDCXXI. Juxta etc.

G. Cant.

Jo. Lincoln, C.S.

[and twelve other bishops].

(Cardwell, Docum. Annals, Oxford, 1844, vol. II, p. 196.)

154. James I. and the Commons

Parliamentary History

The policy of James I. was the reverse of conciliatory in the contest with Parliament upon its constitutional rights. The Commons' side of the question is set forth in the protest recorded on December 18, the day of the forced adjournment, in the Journal Book. The King struck out the record with his own hand, and the memorial which is given by the historian shows the royal opinion on the matter immediately in question, as well as hinting James' general conceptions of constitutional rule. The incident forms a fitting introduction to the stormy rule of Charles I.

The Commons now assembled in Parliament, being justly occasioned thereunto concerning sundry Liberties, Franchises, and Privileges of Parliament, amongst others here mentioned, do make this Protestation following, That the Liberties, Franchises, Privileges, and Jurisdictions of Parliament, are the ancient and undoubted Birth-right and Inheritance of the Subjects of England; and that the arduous and urgent Affairs concerning the King, State, and Defence of the Realm, and of the Church of England; and the Maintenance and Making 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 of Parliament hath, and of Right, ought to have Freedom of Speech, to propound, treat, reason, and bring to Conclusion the same: And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order, as in their Judgments shall seem fittest: And that every Member of the said House hath like Freedom from all Impeachment, Imprisonment, and Molestation (other than by Censure of the House itself) for or concerning any speaking, reasoning, or declaring any Matter or Matters touching the Parliament, or ParliamentBusiness: And that if any of the said Members be complained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advice and Assent of all the Commons assembled in Parliament, before the King give Credence to any private Information.

This Protestation was made and recorded in the JournalBook of the Commons, December the 18th, the Day of Adjournment. But how the King took it, will best appear, by his sending for the Journal-Book of the Commons, in Council, and striking out the Protestation with his own hand; and by the following Memorial, which was published soon after, as is seen by the Date of it...

Whitehall, December 30, 1621. "His Most Excellent Majesty coming this Day to the Council, the Prince his Highness, and all the Lords and others of his Majesty's Privy-Council sitting about him, and all the Judges then in London, which were six in Number, there attending upon his Majesty; the Clerk of the Commons House of Parliament was called for, and commanded to produce his Journal-Book, wherein was noted, the Entries made of most Passages that were in the Commons House of Parliament; and amongst other Things there was written down the Form of a Protestation concerning sundry Liberties, Privileges, and Franchises of Parliament; with which Form of Protestation his Majesty was justly offended. Nevertheless his Majesty, in a most gracious Manner, there expressed, That he never meant to deny that House of Commons any lawful Privileges that ever they had enjoyed; but whatsoever Privileges or Liberties they had by any Law or Statute, the same should be inviolably preserved unto them; and whatsoever Privileges they enjoyed by Custom,

or uncontrolled and lawful Precedent, his Majesty would be careful to preserve. But this Protestation of the Commons House, so contrived and carried as it was, his Majesty thought fit to be razed out of all Memorials, and utterly to be annihilated; both in respect of the Manner by which it was gained, and the Matter therein contained. For the Manner of getting it, first, in respect of the Time: For after such Time as his Majesty, out of princely Grace, as to take away all Mistakings, had directed his Letters to Secretary Calvert, dated at Royston, 16 Decembris, and therein had so explained himself, in the Point of maintaining the Privileges of the House of Commons, as that most of the said House rested fully satisfied, and freed from any Scruple of having their Liberties impeached: And after that, by his Majesty's Letters, directed to the Speaker, dated 18 December, being Tuesday, his Majesty, at the humble Suit of the House of Commons, condescended to make this Meeting a Session before Christmas, and for the Purpose had assigned Saturday following: Now, upon this very Tuesday, and while the Messengers from the House of Commons were with his Majesty at Theobalds, to return Thanks unto his Majesty, and therewith an Excuse from them not to make it a Session, in respect of the Strait of Time whereunto they were driven; which Deferment his Majesty admitted of at their Desires, and thereupon gave Order for the Adjournment of the Parliament until the 8th of February next, which was the first Day formerly appointed by his Majesty for the meeting together of the Parliament: And whilst their Messengers were with his Majesty, and had received a gracious Answer to return unto their House; even that Afternoon, a Committee was procured to be made for taking their Liberties into Consideration: And this Afternoon a Protestation was made (to whom, appears not) concerning their Liberties, and at six o'clock at Night, by Candle-light, the same Protestation was brought into the House by the Committee; and at that Time of Night it was called upon to be put to the Question, there not being the third Part of the House then present; whereas in all Matters of Weight, their usual Custom is, to put nothing of Importance to the Question, till the House be full: And at this Time many of them that were present, expected that the Question would have been deferred to another Day, and a fuller House; and some then present stood up to have spoken to it, but could not be seen or heard in that Darkness and Confusion. Now for the Matter of the Pro

testation, it is penned in such ambiguous and general Words, as may serve for future Times to invade most of the Rights and Prerogatives annexed to the Imperial Crown; the Claim of some Privileges being grounded upon the Words of the Writ for assembling the Parliament, wherein some Words, viz. Arduis regni, are cunningly mentioned, but the Word quibusdam, which restraineth the Generality to such particular Cases, as his Majesty pleaseth to consult with them upon, is purposely omitted.

These Things considered, his Majesty did, this present Day, in full Assembly of the Council, and in the Presence of the Judges, declare the said Protestation to be invalid, annulled, void, and of no Effect: And did further, Manu sua propria; take the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament; and commanded an Act of Council to be made thereupon, and this Act to be entered in the Register of Common-Causes.

(Parliamentary History, ed. cit., V, p. 512.)