The second point was mandatum regis; the commandment of the king. . . . All the significations of a royal pleasure are, and ought to be, to all loyal subjects, in the nature and force of a command. . . . Nay, though any king in the world command flatly against the law of God, yet were his power no otherwise at all to be resisted, but (for the not doing of his will in that which is clearly unlawful) to endure with patience whatsoever penalty his pleasure should inflict upon them who in this case would desire rather to obey God than man.

The belief of the House of Commons, on the other hand, that the powers of the king were strictly limited, and that parliament had its clearly established part in the government of the country, comes out through all the forms of respect in the following protest.

252. Apology Most Gracious Sovereign :

of the House of Commons

to the king (1604)

...

. . . We know and, with great thankfulness to God, acknowledge that he hath given us a king of such understanding and wisdom as is rare to find in any prince in the world. Howbeit, seeing no human wisdom, how great soever, can pierce into the particularities of the rights and customs of a people or of the sayings and doings of particular persons, but by tract of experience and faithful report of such as know them, what grief, what anguish of mind hath it been unto us at some time in presence to hear, and so in other things to find and feel by effect, your gracious Majesty (to the extreme prejudice of all your subjects of England, and in particular of this House of the Commons thereof) so greatly wronged by misinformation, as well touching the estate of one as the privileges of the other, and their several proceedings during this parliament. . .

With all humble and due respect to your Majesty, our sovereign lord and head, against these misinformations we most truly avouch, first, that our privileges and liberties are our right and due inheritance, no less than our very lands and goods. Secondly, that they cannot be withheld from us, denied, or impaired, but with apparent wrong to the whole state of

the realm. Thirdly, that our making of request in the entrance of parliament to enjoy our privilege is an act only of manners, and doth weaken our right no more than our suing to the king for our lands by petition, which form, though new and more decent than the old by praecipe, yet the subject's right is no less than of old. Fourthly, we avouch also that our House is a court of record, and so ever esteemed. Fifthly, that there is not the highest standing court in this land that ought to enter into competency either for dignity or authority with this high court of parliament, which with your Majesty's royal assent gives laws to other courts, but from other courts receives neither laws or orders.

Sixthly, and lastly, we avouch that the House of Commons is the sole proper judge of return of all such writs, and of the election of all such members as belong unto it, without which the freedom of election were not entire; and that the chancery, though a standing court under your Majesty, be to send out those writs and receive the returns and to preserve them, yet the same is done only for the use of the parliament; over which neither the chancery nor any other court ever had or ought to have any manner of jurisdiction.

freedom from

The rights and liberties of the Commons of England con- Freedom of sisteth chiefly in these three things: first, that the shires, election, cities, and boroughs of England, by representation to be pres- arrest, and ent, have free choice of such persons as they shall put in trust freedom of to represent them; secondly, that the persons chosen, during speech the time of the parliament, as also of their access and recess, be free from restraint, arrest, and imprisonment; thirdly, that in parliament they may speak freely their consciences without check and controlment, doing the same with due reverence to the sovereign court of parliament, that is, to your Majesty and both the Houses, who all in this case make but one politic body, whereof your Highness is the head. . . .

There remaineth, dread Sovereign, yet one part of our duty at this present, which faithfulness of heart, not presumption, doth press we stand not in place to speak or do things pleasing. Our care is, and must be, to confirm the love and tie the hearts of your subjects, the Commons, most firmly to your

A protest against private in

fluence over the king unfavorable to parliament

Majesty. Herein lieth the means of our well deserving of both there was never prince entered with greater love, with greater joy and applause of all his people. This love, this joy, let it flourish in their hearts forever. Let no suspicion have access to their fearful thoughts, that their privileges, which they think by your Majesty should be protected, should now by sinister informations or counsel be violated or impaired; or that those which with dutiful respects to your Majesty speak freely for the right and good of their country, shall be oppressed or disgraced. Let your Majesty be pleased to receive public information from your Commons in parliament as to the civil estate and government; for private informations pass often by practice the voice of the people, in the things of their knowledge, is said to be as the voice of God. And if your Majesty shall vouchsafe, at your best pleasure and leisure, to enter into your gracious consideration of our petition for the ease of these burthens, under which your people have of long time mourned, hoping for relief by your Majesty, then may you be assured to be possessed of their hearts, and, if of their hearts, of all they can do or have. And so we, your Majesty's most humble and loyal subjects, whose ancestors have with great loyalty, readiness, and joyfulness served your famous progenitors, kings and queens of this realm, shall with like loyalty and joy, both we and our posterity, serve your Majesty and your most royal issue forever, with our lives, lands and goods, and all other our abilities; and by all means endeavor to procure your Majesty's honor, with all plenty, tranquillity, content, joy, and felicity.

II. THE RELIGIOUS QUESTION

The following is an extract from a contemporaneous pamphlet describing the Hampton Court Conference, the turning point in King James' attitude to the Puritans.

Then hee (Doctor Reynolds) desireth, that according to certaine Provincial Constitutions, they of the Clergy might have meetinges once every three weeks; first in Rurall Deaneries, and therein to have Prophecying, according as

account of

the Reverend Father, Archibishop Grindall and other Bishops 253. A condesired of her late Majestie; that such thinges as could not temporary be resolved upon there might bee referred to the Archdea- the Hampton con's Visitation; and so from thence to the Episcopall Synode, Court Conferwhere the Bishop with his Presbyters should determine all such ence (1604) pointes as before could not be decided.

At which speech, his Majestie was somewhat stirred; yet, which is admirable in him, without passion or shew thereof; thinking that they aymed at a Scottish Presbytery, "which," saith he, "as wel agreeth with a Monarchy, as God and the Devill. Then Jack and Tom and Will and Dick shall meete, and at their pleasures censure me and my Councell and all our proceedinges. Then Will shall stand up and say it must be thus; then Dick shall reply and say, nay, marry, but wee I will have it thus. And therefore, here I must once reiterate my former speech, Le Roy s'avisera.1 Stay, I pray you, for one seven yeares, before you demaund that of mee, and if then you finde me purseye and fat and my windepipes stuffed, I will perhaps hearken to you; for let that government bee once up, I am sure I shall bee kept in breath; then shall we all of us have worke enough, both our hands ful. But Doctor Reynolds, til you finde that I grow lazy, let that alone.

"No Bishop, no King, as before I said. Neither doe I thus speak, at random, without grounde, for I have observed since my coming into England, that some preachers before me can be content to pray for James, King of England, Scotland, France, and Ireland, Defender of the Faith, but as for Supreme Governor in all Causes and over all persons (as well Ecclesiasticall as Civill), they passe that over with silence; and what cut they have beene of, I after learned." After this, asking them if they had any more to object, and Dr. Reynolds aunswering, No, his Majestie appointed the next Wednesday for both parties to meete before him, and rising from his Chaire, as he was going to his inner Chamber, "If this bee al," quoth he, "that they have to say, I shall make them conforme themselves, or I wil harrie them out of the land, or else doe worse."

1 "The king will consider it further." This is the form of words used by the king when he vetoes a bill passed by parliament.

254. Extracts from the diary of Walter Yonge

And this was the Summe of the Second daye's Conference, which raysed such an admiration in the Lordes, in respect of the King, his singular readiness, and exact knowledge; that one of them saide, hee was fully perswaded, his Majestie spake by the instinct of the spirite of God.

The Gunpowder Plot is a subject of much difficulty. Many modern scholars believe that it was only a pretended plot, alleged by the king's ministers in order to enable them to take more severe action against the Catholics. The following extract from a narrative of contemporary occurrences by a country gentleman of the time shows at least what was believed about it then, and what has generally been taught since.1

November 5, 1605. This day there was a horrible treason intended to be put in practice against the king, the queen, the prince, all the nobility, the bishops, and chiefest clergy of this land, which were to be assembled at this day in parliament. The design was to blow up the parliament house with gunpowder. The chief actors were Johnson, alias Fawkes, alias Foster, alias Browne, who should have set the powder on fire; Thomas Percy, a pensioner; Catesbie, Robert Winter, Graunt, Ruckwood, Thomas Winter, Cays, Bates, Sir Everard Digby. There were also of the nobility, as the story goes, privy thereunto, the earl of Northumberland, Lord Stourton, Lord Mordaunt, Lord Lumley, Lord Vaux. It was discovered by a letter written to the Lord Mounteagle (and as though by Sir Francis Tresham, one of the conspirators), but without any name to it. Upon the discovery Percy, Catesbie, Robert and Thomas Winter fled from London into Warwickshire; where they raised the county, took certain great horses, to the number of fourteen, out of the town of Warwick; from thence went into Staffordshire, being in all sixty or eighty horse; where, being pursued by the sheriff of Warwickshire, and seeing that the

1On this controversy see Gerard, What Was the Gunpowder Plot? and Gardiner, What Gunpowder Plot Was.