4. Parliamentary Radicalism

Personalities and policies of Parliamentary opposition to the King

-The Parliament of 1620s were packed with highly competent men mainly lawyers skilled at debating and protecting rights of Parliament.

-Sir John Pym was educated in puritan household and entered Parliament in 1621. Opposed Buckingham’s pro-Spanish and pro-Catholic policies, attacked monopolies and supported protestation of 1621. Worked on religious committees to limit king’s power to change Elizabeth’s settlement. Rose to dominate Commons in Long Parliament named King Pym.

-Sir Edward Coke was a hugely experienced lawyer and MP who opposed James I divine right by reminding him common law was superior. helped draft protestation 1621 asserted P privilege’s. horrifies by Charles’ use of royal prerogative 1626-7 and drafted Petition of Right as last act.

-Sir John Elliot emerged as leading critic of Buckingham and thereby Charles in 1625-29. Arrested for refusing to pay forced loan and involved in petition of Right and Three resolutions. regarded as extremes by many and fiery spirit by Charles, imprisoned in TOL where he died.

A crisis of Parliament

-Charles recalled parliament in March 1628 because he was in need of money to fund his foreign policy and both sides tried to peacefully resolve disputes.

-Charles allowed Coke, secretary of state, to communicate with MPs which helped the Commons feel he respected of their due process.

-Even Buckingham demonstrated a willingness to be flexible reconciling with old political enemies .

-However Charles informed parliament that unless it provided adequate funds he would have clear conscience to act whichever way he saw fit, under authority of god.

-As an indication of their goodwill, Commons offered 5 subsidies and a grant of tonnage and poundage rapidly addressing his financial needs and in return expected he should hear their grievances.

Redress of financial grievances

-The commons hoped the king would respond to concerns about:

-Extra Parliamentary taxation, inc tonnage and poundage and Ship Money, an ancient tax the king could levy on ports and coastal counties to pay for ships to protect trade.

-Billeting, troops preparing to leave for Europe were dispersed around local households told to billet them. Householders supposed to be paid expenses this rarely happened so known as free quarter.

Redress of legal grievances

-The Commons were particularly concerned about two legal developments they felt had far reaching constitutional applications.

-Martial Law, in order to stop soldiers billeted in south west from becoming out of control martial law imposed in certain countries. local gentry feared the king might permanently undermine English legal system and use martial law as a cloak for Absolutism.

-Habeus corpus, this related to those who had been imprisoned for opposing the forced loan. Although 5 knights had been released in 1628 MPs wanted to discuss the constitutional consequences in new P.

-infuriated when they found out Attorney general, king’s legal officer falsified legal records of the case by changing the wording. He attempted to create highly significant constitutional precedent which increased his power without approval by P.

A common cause

-MPs across political spectrum, were horrified by attorney generals actions and united together in response.

Some extreme MPs like John Elliot recommended a radial approach: Bill of Rights.

-This would be a legally binding constitutional document that would define individual rights that the king couldn’t overrule.

-Demonstrating its inherent conservatism P settles on less aggressive solution, Petition of Right drafted by Coke.

The Petition of Right 1628

-The petition, 1628, asked the king to conform to 4 ancient liberties that P claimed were basic precepts of English gov and traced back to Magna Carta 1215:

-Subjects could be taxed only by Parliamentary consent.

-Subjects could be imprisoned only if just cause was demonstrated in court.

-The imposition of billeting on the population was illegal.

-The imposition of martial law on the civilian population was illegal.

-During preliminary debates about the partition the king’s officials via the HOL made a case that P should accept the word of the king to abide by spirit of Magna Carta. This was not enough for Commons.

-In order to be present to king both HOL and HOC had to agree to it.

-Some Lords tried to moderate it pushing for compromise that would not encroach any of king’s prerogative powers.

-Marks the extent Charles alienated himself from natural allies that chose not to stand up for his prerogative rights and gave their agreement to the petition and passed to the kings.

-Charles accepted on 7th June 1628 because P threatened further proceedings against Buckingham and he was desperate for money.

Consequences of Petition of Right

-Despite the relatively conservative nature of the petition, any hope that it could re-establish mutual trust between Crown and P swiftly evaporated.

-Charles initially accepted the petition without using the terminology to make it binding.

-Commons insisted on correct response and used Charles’ financial needs to ensure he gave conventional and legal assent to the Petition.

Further deterioration in relationship between Crown and Parliament

-Sir John Elliot led an attack on the Duke of Buckingham producing a Remonstrance condemning his military failures.

-Charles prorogued Parliament on 28 June to stop its debates.

-The Commons supported subjects who refused to pay tonnage and poundage drafting another Remonstrance (strongly worded protest).

-The Petition of Right was intended to demonstrate the king and Parliament ha a common understanding of laws and customs in England. Instead it served to heighten Parliamentary fears that this particular king could not be trusted.

Assassination of Buckingham

-23rd August 1628, Buckingham was preparing to leave his quarters when he was fatally stabbed in the chest.

-Assassinated by John Felton an army lieutenant who fought in the catastrophic Ile de Rhe expedition and plunged into debts by delay to pay.

-Public celebrations erupted at the news causing Charles to abandon the lavish funeral.

-Coffin carried in torchlit procession along heavily guarded roads through London to Westminster Abbey.

-His body buried secretly the night before in case cortege attacked.

Consequence of the assassination

-Charles held Parliament personally responsible because Felton said at trial he had been inspired by June’s Remonstrance.

-Without Buckingham’s dominant presence Charles and Henrietta fell in love, their oldest son Charles born in 1630 and 5 after.

-Charles shocked by the extent of public celebration at Buckingham’s death and felt betrayed by apparent disloyalty of his subjects. Distanced further from ordinary people.

-Buckingham had amassed so many titles that his death gave Charles an opportunity to to relocate patronage to wider circle . Thomas Wentworth and Earl of Arundel became key advisors during next decade.

-Wentworth had been a key member of P opposition to the king in HOC as one of 76 and supporter of petition. Dec 1628 king promoted him to Lord President of council of North and to Ireland in 1633 as Lord deputy. Servant and made enemies so recalled and charged with crimes against Parliament, executed in 1641.

-Wentworth moved into king’s service, Coke retired, leadership in HOC more radical centered around Eliot, Pym and Holles.

-Buckingham had been a convenient scapegoat for grievances over the past 10 years so now criticism levelled directly at Charles.

The 1629 Parlaiment

-Charles recalled Parliament 20 Jan 1629 and 2 fundamental issues not addressed in the petiton dominated proceedings:

-Tonnage and poundage, the petiton didn’t explicitly mention custom duty, impositions or t+p. Charles claimed he had not surrendered right to collect and endorsed work of custom offices. By removing the possibility of the Commons blaming a 3rd party Charles opened himself to direct censure by Parliament.

-Religion, during the extended recess between sessions, Charles promoted William Laud and Richard Montagu to key bishoprics of London and Chichester. Both Arminians so appeared as Catholic sympathisers P worried king was attracted to Catholicism and this may grow.

-Trust eroded in 1629 sessions with news the king instructed royal printer to include both non constitutional and constitutional assents to Petition of Right and obscure statute number so not visible.

-The legal authority of the document became ambiguous and radical MPs began discussing a permanent means to limit his power.

Dissolution of 1629 Parliament

-It was in this feverish atmosphere Charles sent the Black Rod to suspend Parliament , recognising he wasn’t going to be awarded tonnage and poundage he intended to shut proceedings down but door slammed in his face and Black rod hammered on door demanding entrance.

-The Speaker who wanted to end debates and king dissolving P pinned down by Holles and Valentine whilst John Elliot called out Three Resolutions condemning King’s gov, members of kings privy council tried to drag him out of the chair.

-Unparalleled affront to royal dignity and authority and a powerful demonstration of combative spirit of HOC.

-When passed became known as Protestation of 1629:

-Anyone who introduces innovation in religion or seeks to extend Popery or Arminianism or opinion disagreeing from true Orthodox church shall be considered a traitor to Kingdom and Commonwealth (system of gov where ordinary people of England cared for)

-anyone who suggest taking and levying subsidies of t+p without approval of P considered a traitor.

-If any person shall voluntarily pay such subsidies as t+p not approved by P then betrayed the liberties of England and an enemy.

Beginning of Personal Rule

-Charles dissolved P and wouldn’t recall it until 1640: this period is known a Personal Rule because he governed using only his monarchial rights without consulting P.

-He had 8 leading opponents arrested for treason like Eliot and Holles. Free speech was a Parliamentary privilege that should have made MPs safe but when they issued writs of habeus corpus Charles said the privileges didn’t extend to treason.

-5 MPs pleaded guilty and freed, Holles paid a fine and went into exile and Eliot refused to ask for a pardon and sent to TOL died in 1632. Charles refused to release his body for burial.

-Charles issued a declaration explaining his response to the Three Resolutions:

-P used demands of war to force us to agree to conditions incompatible with kingly power, he’ll maintain true religion and doctrine of COE and deny we are backsliding into Catholicism, maintain ancient right and liberties of subjects , no one abuse liberty or pervert Petition and turn it into an excuse for rebellion, expect in return submit to royal prerogative and obedient to our authority and commands.