Ch 4 Flashcards
(23 cards)
Third Parl
Feb 1628 – still at war desperate need of money , calls new parl
Elections feb-march
Assembled 17 march 1628.
Both sides want fresh start, secretary of state communicates directly with Mps than himself = commons feel he was respectful
MPs realise refuse to grant supplies = risk of perm dissolution , Charles rule alone
Agreed not to repeat attack on Buckingham , determined to redress grievances
Buckingham = even willing to be flexible, reconciliation old political enemies – earl of Arundel
John Eliot – ‘ these rights, these privileges, which made our fathers freemen, are in question’
Dudley Digges – ‘ whether the king may be above the law or the law above the king ‘
Charles asserts – unless it provided adequate funds , he would act however he wanted under his divine right
Commons offer 5 subsidies + grant of tonnage and poundage. in return expect grievances addressed
Sir john Eliot and Thomas Wentworth
Leader of Charles opposition = john Eliot , long-time enemy of Buckingham, had been arrested for refusal of paying forced loan
Joined by Wentworth, local rival of Buckingham faction in Yorkshire- made up for 1626 absence with fierce attacks on Charles advisors and policies
MPs criticised forced loan and treatment of those who refused it
Criticised attempt to charge ship money, ancient tax king could levy on ports and coastal counties in times of war
Martial Law
Anger – was used to control soldiers angry about billeting . overruled normal legal processes like trial by jury . sentences handed out without right of appeal . loc gentry feared undermine of legal system + cloak for absolutism
Falsification of legal records and the right of habeaus corpus
MPs wanted to discuss the constituitional consequence in parliament
Infuriated that Robert Heath = falsified legal record of five knights case- changed the wording, attempted to create prececent increasing power of king
MPs horrified = denied crown emergency power without cause
Billeting denounced
Led by coke – ‘magna carta still in force’ ‘ writ of habeas corpus cannot be denied
Presented Resolutions to house of lords, 7 statutes and 31 cases
Charles rejected resolutions = ‘stood for old laws and customs of the realm’
Bill of rights
More extreme MPs , Coke, Selden, John Eliot = radical approach of bill of rights
Legally binding constitutional document defining individual rights, king couldn’t overrule – like taxation, imprisonment, trials and billeting
To Charles – within royal prerog, entrusted by god
Coke – law was supreme authority
Charles refused to agree any limitation on his prerogative
Petition of right
Parl settled on petition of right . crown couldn’t be sued but could be questioned on rights according to the law.
= new magna carta
Coke convinced meeting April 1628 to discuss petition , commons accept immediately king hears and sends a message forbidding discussion matters of state
= MPs don’t speak due to fear of parliament destruction BUT coke = fearless
Asserting parl right not asking. Maintained respect for king, avoided they were dependant on him
Once king accepted petition it would have full force of the law
Asked king to confirm four ancient liberties
- Subject only taxed by parl consent
- Subject imprisoned only if just cause demonstrated in court
- Billeting = illegal
- Martial law on civilians = illegal
Ancient constitution = mixture of parliament law documents and tradition. Monarch and parl work tog to maintain authority over society.
petition of right 2
House of lords expressed doubt- want clause to leave entire that sovereign power. Commons reject, lords back down, inserted vague statement of no prejudice t kings prerogative
Marked alienation from lords that chose not to stand up for him and gave agreements to petition
2 june = Charles ambiguous expressions . parl should accept word of king , abide by spirit of magna carta
House blamed buckingham for the rejection. Speaker of house ordered by charles to prevent criticism of buckingham
7 june = Charles consents to petition . commons applauded as king rose
Despite this Charles still believes power from god + not restricted by humans
Agrees but didn’t use specific wording so not legally binding . gave vague english answer
No more intention than earlier of abiding law as the commons saw it
Consequences of the petition of right
Impeachemnt of Maynwaring 1628
HoC still concerned innovations in religion- enforcement of recuansy laws against catholics and introduction of Arminian practices + sermons roger maynwaring , Charles used to justify forced loan
= blatant challenge to parliament liberties
= impeachment of buckingham of roger maynwaring. Fined him £1000, barred from offices and forbad to preach
smaller consequences of petition of right
Rolle casen- continued to collect tonnage and poundage. One MP who refused to pay = John Rolle – king ordered his goods consficated
Because chalres had accepted using wrong terminology, commons used his need for money to force into giving the correct answee
Sir john eleiot continues criticism on buckingham , producing remonstrance condemning his domination of gov and military failures
Had offered the chance of reconciliation but failed to bring both sides together + heightened fears king couldn’t be tursted
consequences of petition of right - remonstrance
16 june = commons voted last taxation, charles desperate but still refuse to grant him tonnage and poundage- determined to have impositions illegal;
Charles insisting ancient customary still , wasn’t mentioned expliticly in petition of right
MPs issue remonstarnce claiming it was breaching fundamental liberties of kingdom and contrary to petition of right
consequences of petition of right- prorogued
Charles prorogued 26 june
Speech to MPs = confirmed acceptance of petition of right and asserted ‘ account of his actions to god alone’
Petition published including version of initial response + had statute number obscure – ambiguous over legal law
consequences of petition of right - bucknham death
23 august = Buckingham murdered by John Felton – an army lieutenant, fought in ilw de rhe, deep grievances against Buckingham for preventing his promotion
Lone assassin – ‘ by….. killing the duke he should do his country great service’
Felton hanged, toasted throughout Britain, crowds blessed him crowding his prison
He was buried secretly in Westminster abbey
Consequences of Buckingham’s assassination
Charles felt betrayed by extent of public celebration, distanced himself further
No man took his place as fav – instead henriettta maria = closer, fell in love eldest son charles 1630 then 5 more children
Gave opportunity to reallocate patronage
Paved way for reconciliation with John Digby, earlo of Bristol
Wentowrths rise = made a viscount and president of council of north 1628 dec
Had opposed forced loan,protested in 1628 parl but wanted king ro run gov efficiently
Saw petition of right as chalres intedning to rule within law. Regarded as turncoat by allies
Didn’t improve relations with the commons
Charles held parl,esp common responsible for the assassination, felton hasd been inspire dby parls June remonstrance
Wentowrth in kings ervce and coke retired – leadership in HoC =more radical e.g Eliot, Pym , Denzil Holles
Patroge of arminianism continued – pardoned Mainwaring and made montagu bishop
Encouraged and protected john cosin – book of devotions outraged many protestants ( seen as crypto catholic)
1628 articles of religion – revised rules of church, charles had preface written- forbad clergy preach/publish about predestination
Prevented publication of books in its favour while anti-calvinist works not obstructed
Stated king governs church (ignoring parl)
Laud = bishop of London July 1628
Arminian, controlled books printed in London
Belief – ‘beauty of holiness’ = appeared drawing king to catholicism
Second session Charles 3rd parliament – 20 jan 1629
Coke retired, wentowrth tempted with barony and presidency but tensoions on tonnage and poundage still dominated when parl recalled
Events = immediately John Selden complains of petition of right infringement. Reveals charles asked for version of initial response to be printed, had staute number obscured
Radical MPs began discussion to perm limit kings power
Angry commons, far from agreeing to T&P lifetime grant – took up the case of five merchants who refused to pay , had goods seized ( John Rolle)
Charles made 2 concessions on religion
– recusancy laws enforced & suspension of archbishop abbot ended and readmit him to privy council
Religious Q raised by Francis Rous ( puritan step brother of john pym) – many MPs feared dangerous innovations being made in the church of England.
EG . in a few places clergymen railed communion tables and called altars – display of proper respect
Puritan opponents regarded as popery
Rolle Case
– disputes increased. Commons want to punish customs farmers for infringing parl privilege – now claimed customs officals who seized goods acted on own authority to get profit
If charled agreed could’ve = T&P
Customs responded they were obeying royal commands
23 feb confirmed by secretary Sir John Coke “ what these men have done they have done by the kings command”
Charles = removed blaming third party = direct firing
Parl so annoyed by comment, refused to sit the next day
25 feb – charles retaliates
25 feb – charles retaliates by adjournment cmmons for 5 days
But on 24th sub comitee had submitted series of resolutions – attacking recent chirhc of England trends and charles favouring arminians
Implied parl claiming to have ultimate power on beleifs/ practices in England
To prevent further discussion charles extended until 2nd march
The Three Resolutions 2 march
Charles releases MPs still gogin with attack.
Sent his messenger black rod to command psaker of house john finch to extend adjorunemnt to 10 march
Rumours spread charles was dissolvoing parl
Sir john eliot continues with renonstrance condems ‘ innovation in religion’ and the collection of T&P continued
When black rod arrives – door slammed shut in face, begins to hammer on door
Speajer finch stands up to end session but seized and held down in chair by mps – holles and Benjamin valentine
Holles sowre by ‘ gods wounds’ that ‘ he would sit till they pleased to rise’
Most of HoC supported, few that wanted to leave were prevented
Scuffle betw privy councillors and mps – forcing finch in chair for 3 resoltuions to be shouted out . after each resolution. House shouted its approval
Mar 1629 – charles dissolves parl
Although no vote, shout of approval after each resolution = clear no prospec t of gran t of T&P = immediate dissolval and publication of declaration defending actions, blaming actions on a few troublemakers
‘ by the disobedient and seditious carriage of those said ill-affected persons of the house of commons ‘
Charles believed within his rights – felt he ended puritan trouble and provided solution tp problem of ‘ envenomed spirits which troubled… the blessed harmony between us and our subjects’
Opposition MPs imprisoned
Denzil holles , john eliot, Benjamin valentine etc = arrested for defying royal commands
Charles wanted to try in star chamber but advised against – clashed with parls privileges of freedom from arrest. MPs issue habeaus corpus for reason
Opposition MPs imprisoned consequences
All went to prison . 5 released quickly. Eliot,holles,valentine,strode refuse to answer to charges, insist parl privilege
Tried before court of kings bench= hefty fine – conspiracy to resist kings orders, refusal to acknowledge jurisdiction of court
Holles paid and released , rest refused = imprisoned unitl submiss
Eliots fine was £2000 – exceptionally severe confinement in tower ( charles anger always directed at him – was prosecutor/enemy of buckingham ‘ an outlawed man ‘ ‘ desperate in mind and fortune’ fell ill and died 1632- tuberculosis
Strode and valentine stood on legal rights and parl priv – confined unitl 1640
The petition of right 1628
1
“ no taxes shall be laid or leveid by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons…”
“ no person should be compelled to make any loans to the king against his will’
“ none should be charged by any charge or imposition called a benevolence’
