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These violent invasions of the rights of property and person, naturally came up for consideration at an early period of the session. The Commons, as the result of their discussions, framed, on the 27th of May, 1628, that second Great Charter of the liberties of England, the PETITION OF RIGHT; so called because drawn up, in the humble spirit of the day, in the form of a petition to the King, but having, when ratified by his concurrence, all the authority of a fundamental law of the kingdom. This document was prepared by Sir Edward Coke at the age of seventy-eight, and was one of the last public acts of that distinguished lawyer. It provided, that no loan or tax might be levied but by consent of Parliament; that no man might be imprisoned but by legal process; that soldiers might not be quartered on people contrary to their wills; and that no commissions be granted for executing martial law On the 2d of June, Charles returned an evasive answer, in which he endeavored to satisfy the Commons without giving a legal and binding assent to the petition. The next day, Sir John Eliot made the following speech. It breathes throughout, the spirit of affection and reverence for the King's person which was still felt by both houses of Parliament. It does not dwell, therefore, on those recent acts of arbitrary power in which the King might be supposed to have reluctantly concurred; and the fact is a striking one, that Eliot does not even allude to his late cruel imprisonment a decisive proof that he was not actuated by a spirit of personal resentment. The entire speech was directed against the royal Favorite, the Duke of Buckingham. Its object was, to expose his flagrant misconduct during the preceding ten years, ur.der the reign of James as well as Charles; and to show that through his duplicity, incompetency, and rash counsels, the honor of the kingdom had been betrayed, its allies sacrificed, its treasures wasted, and those necessities of the King created which gave rise to the arbitrary acts referred to in the Petition of Right. The facts which Elio' adduces in proof, are very briefly mentioned, or barely alluded to, because they were fresh in the minds of all, and had created a burning sense of wrong and dishonor throughout the whole kingdom. They will be explained in brief notes appended to the speech; but, to feel their full force, the reader must go back to the history of the times, and place himself in the midst of the scene.

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There is in this speech, a union of dignity and fervor which is highly characteristic of the man. "His mind," says Lord Nugent, was deeply imbued with a love of philosophy and a confidence in religion which gave a lofty tone to his eloquence." His fervor, acting on a clear and powerful understanding, gives him a simplicity directness, and continuity of thought, a rapidity of progress, and a vehemence of ap peal, which will remind the reader of the style of Demosthenes. His whole soul i occupied with the subject. He seizes upon the strong points of his case with suck absorbing interest, that all those secondary and collateral trains of thought with which a speaker like Burke, amplifies and adorns the discussion, are rejected as unworthy of the stern severity of the occasion. The eloquence lies wholly in the thought; and the entire bareness of the expression, the absence of all ornament, adds to the effect, because there is nothing interposed to break the force of the blow. The antique air of the style heightens the interest of the speech; and will recommend it particularly to those who have learned to relish the varied construc tion and racy English of our early writers.

SPEECH

OF SIR JOHN ELIOT ON THE PETITION OF RIGHT, DELIVERED IN THE HOUSE OF COMMONS JUNE 3, 1628.

MR. SPZAKER,--We sit here as the great Council of the King, and in that capacity, it is ir duty to take into consideration the state and affairs of the kingdom, and when there is occasion, to give a true representation of them by way of counsel and advice, with what we conreive necessary or expedient to be done.

In this consideration, I confess many a sad thought hath affrighted me, and that not only in respect of our dangers from abroad (which yet I know are great, as they have been often prest and dilated to us), but in respect of our disorders here at home, which do enforce those dangers, and by which they are occasioned. For I believe I shall make it clear to you, that both at first, the cause of these dangers were our disorders, and our disorders now are yet our greatest dangers that not so much the potency of our enemies as the weakness of ourselves, doth threatea us: so that the saying of one of the Fathers inay be assumed by us, "non tam potentià sua quam negligentià nostrâ,” “not so much by their power as by our neglect." Our want of true devotion to heaven our insincerity and doubling in religion our went of councils-our precipitate actions-the insufficiency or unfaithfulaess of our generals abroad-the ignorance or corruption of our ministers at home-the impoverishing of the sovereign-the oppression and depression of the subject-the exhausting of our treasures-the waste of our provisions-consumption of our ships-destruction of our men -these make the advantage to our enemies, not the reputation of their arms; and if in these there be not reformation, we need no foes abroad: Time itself will ruin us.

To show this more fully, I believe you will all hold it necessary that what I say, should not seem an aspersion on the state or imputation on the government, as I have known such motions nisinterpreted. But far is this from me to propose, who have none but clear thoughts of the excellency of the King; nor can I have other ends but the advancement of his Majesty's glory. I shall desire a little of your patience extraordinary, as I lay open the particulars, which I shall do with what brevity I may, answerable to the importance of the cause and the necessity now upon us; yet with such respect and observation to the time, as I hope it shall not be thought troublesome.

I. For the first, then, our insincerity and doubing in religion, is the greatest and most dangerous disorder of all others. This hath never been unpunished; and of this we have many strong examples of all states and in all times to awe us. What testimony doth it want? Will you have

authority of books? Look on the collections of the Committee for Religion; there is too clear ar evidence. See there the commission procured for composition with the papists of the North Mark the proceedings thereupon, and you will find them to little less amounting than a toleration in effect the slight payments, and the easi ness of them, will likewise show the favor that is intended. Will you have proofs of men? Wit ness the hopes, witness the presumptions, witness the reports of all the papists generally. Observe the dispositions of commanders, the trust of officers, the confidence in secretaries to employments in this kingdom, in Ireland, and else. where. These will all show that it hath too great a certainty. And to this add but the incontrovertible evidence of that All-powerful Hand, which we have felt so sorely, that gave it full assurance; for as the heavens oppose themselves to our impiety, so it is we that first opposed the heavens.'

II. For the second, our want of councils, that great disorder in a state under which there can not be stability. If effects may show their causes (as they are often a perfect demonstration of them), our misfortunes, our disasters, serve to prove our deficiencies in council, and the consequences they draw with them. If reason be allowed in this dark age, the judgment of depend encies and foresight of contingencies in affairs, do confirm my position. For, if we view our selves at home, are we in strength, are we in reputation, equal to our ancestors? If we view ourselves abroad, are our friends as many? y? are our enemies no more? Do our friends retain their safety and possessions? Do not our ene mies enlarge themselves, and gain from them and us? To what council owe we the loss of the Palatinate, where we sacrificed both our honor and our men sent thither, stopping those greater powers appointed for the service, by which it might have been defended? What council gave

1 The gun-powder plot for blowing up both hous. ligion at a single stroke, was still fresh in the minds es of Parliament, and extirpating the Protestant reof all. It is not, therefore, surprising, at a period when correct views of religious liberty were as yet unknown in England, that any remissness in ex ecuting the laws against Catholics, was regarded with great jealousy by Eliot and his friends, espe cially as the mother of Buckingham was of that com munion.

2 Frederick V., the Elector Palatine, who married "the beautiful Elizabeth," sister of Charles I., had been attacked on religious grounds by a union of Catholic states in Germany, with Austria at their head, stripped of the Palatinate, and driven as an exile into Holland, with his wife and child.

direction to the late action, whose wounds are yet | entable experience. It hath made an absolute bleeding, I mean the expedition to Rhé, of which there is yet so sad a memory in all men? What design for us, or advantage to our state, could that impart ?

You know the wisdom of your ancestors, and the practice of their times, how they preserved their safeties. We all know, and have as much cause to doubt [i. e., distrust or guard against] as they had, the greatness and ambition of that kingdom, which the Old World could not satisfy.3 Against this greatness and ambition, we likewise know the proceedings of that princess, that never-to-be-forgotten, excellent Queen ElizaLeth, whose name, without admiration, falls not into mention even with her enemies. You know how she advanced herself, and how she advanced the nation in glory and in state; how she depressed her enemies, and how she upheld her friends; how she enjoyed a full security, and made those our scorn who now are made our terror. Some of the principles she built on were these; and if I mistake, let reason and our statesmen contradict me.

First, to maintain, in what she might, a unity in France, that the kingdom, being at peace within itself, might be a bulwark to keep back the power of Spain by land.

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breach between that state and us, and so enter. tains us against France, and France in prepara. tion against us, that we have nothing to promise to our neighbors, nay, hardly to ourselves. Next, observe the time in which it was attempted, and you shall find it not only varying from those principles, but directly contrary and opposite to those ends; and such, as from the issue and success, rather might be thought a conception of Spain than begotten here with us.

[Here there was an interruption made by Sir Humphrey May, Chancellor of the Duchy and of the Privy Council, expressing a dislike; but the House ordered Sir John Eliot to go on, where upon he proceeded thus:]

Mr. Speaker, I am sorry for this interruption, but much more sorry if there hath been occasion on my part. And, as I shall submit myself wholly to your judgment, to receive what censure you may give me, if I have offended, so, in the integ rity of my intentions and the clearness of my thoughts, I must still retain this confidence, that no greatness shall deter me from the duties I owe to the service of my king and country; but that, with a true English heart, I shall discharge my self as faithfully and as really, to the extent of my poor power, as any man whose honors or whose offices most strictly oblige him.

You know the dangers of Denmark, and how much they concern us; what in respect of our alliance and the country; what in the importance of the Sound; what an advantage to our enemies the gain thereof would be! What loss, what prejudice to us by this disunion; we break. ing in upon France, France enraged by us, and the Netherlands at amazement between both! Neither could we intend to aid that luckless king [Christian IV., of Denmark], whose loss is our disaster.

Can those [the King's ministers] that express their trouble at the hearing of these things, and have so often told us in this place of their knowledge in the conjunctures and disjunctures of affairs-can they say they advised in this? Was this an act of council, Mr. Speaker? I have more

Next, to preserve an amity and league between that state and us, that so we might come in aid of the Low Countries [Holland], and by that means receive their ships, and help them by sea. This triple cord, so working between France, the States [Holland], and England, might enable us, as occasion should require, to give assistance unto others. And by this means, as the experience of that time doth tell us, we were not only free from those fears that now possess and trouble us, but then our names were fearful to our enemies. See now what correspondency our action had with this. Try our conduct by these rules. It did induce, as a necessary consequence, a division in France between the Protestants and their king, of which there is too woful and lamProtestant Christendom was indignant at these wrongs; and the King of England was expected to sustain the injured Elector on the double ground of family alliance and a community of religion. These expectations had all been disappointed by the weak, Christian IV., King of Denmark, as a leading indecisive, and fluctuating counsels of Buckingham. Protestant prince, and uncle to Elizabeth, wife of Twelve thousand English troops were indeed sent Frederick, the Elector Palatine, had entered warm. to assist Frederick, under Count Mansfeldt, but nearly into their cause, and marched with a large ariny ly all of them perished on the way, from mere want of foresight and preparation on the part of the English government. This wanton sacrifice of life is alluded to at the close of the speech in a single word -"Mansfeldt!"'-a name which at that time smote on the heart of the whole English nation. The expedition to the Isle of Rhé, mentioned in the next sentence, will be explained hereafter.

To understand the force and beauty of this allu. sion to Spain, we must go back to the time when all Europe was filled with dismay at the power of the Spanish arms on both continents. Few things in English eloquence, as Forster remarks, are finer in expression or purpose, than this allusion and the Falsaqueat train of thought, as addressed to English mn of that day.

This refers to the expedition against the Isle of Rhé, respecting which see note 8.

to reinstate them in the Palatinate. After some partial successes, however, he was repulsed by the Austrians, driven back into his own dominions, and reduced to imminent danger of being stripped of all his possessions. The English trade through the Sound into the Baltic, which was of great value, was thus on the point of being entirely cut off by the establishment of a hostile power on the ruins of Den mark. Yet England had done nothing to sustain ber ally, or to protect her rights and interests in that quarter; and the English people were justly in censed against Buckingham for this neglect.

Here, as above, allusion is made to the disgrace fal expedition against the Isle of Rhé, by which France was enraged, and no diversion in favor of Denmark either made or intended.

charity than to think it; and unless they make confession of it themselves, I can not believe it. III. For the next, the insufficiency and unfaithfulness of our generals (that great disorder abroad), what shall I say? I wish there were not cause to mention it; and, but for the apprehension of the danger that is to come, if the like ehoice hereafter be not prevented, I could willingly be silent. But my duty to my sovereign, my service to this House, and the safety and honor of my country, are above all respects; and what so nearly trenches to the prejudice of these, must not, shall not be forborne.

Was not

trouble you much; only this, in short.
that whole action carried against the judgment
and opinion of those officers that were of the
council? Was not the first, was not the last,
was not all in the landing-in the intrenching-
in the continuance there-in the assault-in the
retreat-without their assent? Did any advice
take place of such as were of the council? If
there should be made a particular inquisition
thereof, these things will be manifest and more.
I will not instance the manifesto that was made,
giving the reason of these arms; nor by whom,
nor in what manner, nor on what grounds it
was published, nor what effects it hath wrought,
drawing, as it were, almost the whole world

At Cadiz, then, in that first expedition we made, when we arrived and found a conquest ready-the Spanish ships, I mean, fit for the sat-into league against us. Nor will I mention the isfaction of a voyage, and of which some of the chiefest then there, themselves have since assured me, that the satisfaction would have been sufficient, either in point of honor or in point of profit-why was it neglected? Why was it not achieved, it being granted on all hands how feasible it was?

leaving of the wines, the leaving of the salt, which were in our possession, and of a value, as it is said, to answer much of our expense. No. will I dwell on that great wonder (which no Alexander or Cæsar9 ever did), the enriching of the enemy by courtesies when our soldiers wanted help; nor the private intercourse and parleys with the fort, which were continually held. What they intended may be read in the success; and upon due examination thereof, they would not want their proofs.

For the last voyage to Rochelle, there need no observations, it is so fresh in memory; nor will I make an inference or corollary on all. Your own knowledge shall judge what truth or what sufficiency they express.

Afterward, when, with the destruction of some of our men and the exposure of others, who (though their fortune since has not been such), by chance, came off safe-when, I say, with the loss of our serviceable men, that unserviceable fort was gained, and the whole army landed, why was there nothing done? Why was there nothing attempted? If nothing was intended, wherefore did they land? If there was a service, wherefore were they shipped again? Mr. Speaker, it IV. For the next, the ignorance and corrup satisfies me too much [i. e., I am over-satisfied] tion of our ministers, where can you miss of in n this case-when I think of their dry and hun- stances? If you survey the court, if you survey gry march into that drunken quarter (for so the the country; if the church, if the city be examoldiers termed it), which was the period [termopen arms. But the Rochellers, having no previ mation] of their journey-that divers of our men ous arrangement with him on the subject, and prob being left as a sacrifice to the enemy, that laborably distrusting his intentions, refused to admit him was at an end.

For the next undertaking, at Rhé, I will not

7 Buckingham, at the close of 1625, had fitted out a fleet of eighty sail, to intercept the Spanish treasure-ships from America, to scour the coasts of Spain, and destroy the shipping in her ports. Owing to the etter incompetency of the commander, there was no concert or subordination in the fleet. The treasureships were not intercepted; but seven other large and rich Spanish ships, which would have repaid all the expenses of the expedition, were suffered to escape, when they might easily have been taken. At length a landing was effected in the neighborhood of Cadiz, and the paltry fort of Puntal was taken. The English soldiers broke open the wine cellars of the country around, and became drunk and unmanageable; so that the Spanish troops, if they had known their condition, might easily have cut the whole army to pieces. Their commander, as the only course left him, retreated to the ships, leaving some hundreds of his men to perish under the knives of the enraged peasantry.

Buckingham, from motives of personal resentment against the French king, undertook, in June, 1627, to aid the Huguenots at Rochelle, who were in a state of open rebellion. He therefore sailed with a fleet of one hundred ships and seven thousand land forces, taking the command of the expedition himself, and expecting to be received with

into the town, and advised him to take possession of the Isle of Rhé, in the neighborhood. This he did, and immediately issued a manifesto, inciting the Protestants throughout France to rebel against their government. Great indignation was awakened in Europe by this attempt to rekindle the flames of civil war in that country. His appeal was, unfortunately, successful. The Protestants in the south of France rose almost to a man. A bloody conflict ensued, in which they were completely crushed, and their condition rendered far more wretched than be fore. Buckingham, in the mean time, conducted e ery thing wildly and at random. In October, a re enforcement of fifteen hundred men was sent out mentioned in the speech as "the last voyage to Ro chelle;" but the Duke was still repulsed, with loss at every point, till he was compelled to return in disgrace, with the loss of one third of his troops, in the month of November, 1627. This speech was de livered in June of the next year, while the nation was still smarting under the sense of the disasters and disgraces of this mad expedition.

9 This sneer at the generalship of Buckingham was keenly felt, and derived its peculiar force from the lofty pretensions and high-sounding titles he assumed. He had also made himself ridiculous, and even suspected of treachery, by his affectation of courtesy in the interchange of civilities with the French commanders. To this Eliot alludes with stinging effect in the remaining part of the sentence

inel; if you observe the bar, if the bench, if the in the people, repletion in treasure, plenty of pro ports, if the shipping if the land, if the seas-all visions, reparation of ships, preservation of mer these will render you variety of proofs; and that—our ancient English virtue, I say, thus rectified, in such measure and proportion as shows the will secure us; and unless there be a speedy re greatness of our disease to be such that, if there formation in these, I know not what hopes or ex be not some speedy application for remedy, our pectations we can have. case is almost desperate.

V. Mr. Speaker, I fear I have been too long in these particulars that are past, and am unwilling to offend you therefore in the rest I shall be shorter; and as to that which concerns the impoverishing of the King, no other arguments will I use than such as all men grant.

The exchequer, you know, is empty, and the reputation thereof gone; the ancient lands are sold; the jewels pawned; the plate engaged;10 the debts still great; almost all charges, both ordinary and extraordinary, borne up by projects! What poverty can be greater? What necessity so great? What perfect English heart is not almost dissolved into sorrow for this truth?

VI. For the oppression of the subject, which, as I remember, is the next particular I proposed, it needs no demonstration, The whole kingdom is a proof; and for the exhausting of our treas ures, that very oppression speaks it. What waste of our provisions, what consumption of our ships, what destruction of our men there hath been; witness that expedition to Algiers"-witness that with Mansfeldt-witness that to Cadiz witness the next-witness that to Rhé-witness the last (I pray God we may never have more such witnesses)-witness, likewise, the Palatinate-witness Denmark-witness the Turks— witness the Dunkirkers-wITNESS ALL! What losses we have sustained! How we are impaired in munitions, in ships, in men!

It is beyond contradiction that we were never so much weakened, nor ever had less hope how to be restored.

These are the things, sir, I shall desire t have taken into consideration; that as we are the great council of the kingdom, and have the apprehension of these dangers, we may truly represent them unto the King; which I conceive we are bound to do by a triple obligation-of duty to God, of duty to his Majesty, and of duty to our country.

And therefore I wish it may so stand with the wisdom and judgment of the House, that these things may be drawn into the body of a REMON STRANCE, and in all humility expressed, with a prayer to his Majesty that, for the safety of him self, for the safety of the kingdom, and for the safety of religion, he will be pleased to give us time to make perfect inquisition thereof, or to take them into his own wisdom, and there give them such timely reformation as the necessity and justice of the case doth import.

And thus, sir, with a large affection and loyalty to his Majesty, and with a firm duty and service to my country, I have suddenly (and it may be with some disorder) expressed the weak apprehensions I have; wherein if I have erred, I humbly crave your pardon, and so submit my. self to the censure of the House.

The King, finding, after the delivery of this speech, that he could no longer resist the de. mands of the Commons, gave his public assen: to the Petition of Right, on the 7th of June, 1628. But he never forgave Sir John Eliot for his freedom of speech. At the expiration of nine months he dissolved Parliament, determining to rule from that time without their aid or interference; and, two days after, committed Sir John Eliot and other members to the Tower for words spoken during the sitting of Parliament. In this flagrant breach of privilege, and violation of the Petition of Right, he was sustained by servile courts; and Eliot, as "the greatest offender and ringleader," was sentenced to pay a fine of £2000, and be imprisoned in the Tower of London.

These, Mr. Speaker, are our dangers, these are they who do threaten us; and these are, like the Trojan horse, brought in cunningly to surprise us. In these do lurk the strongest of our enemies, ready to issue on us; and if we do not speedily expel them, these are the signs, these the invitations to others! These will so prepare their entrance, that we shall have no means left of refuge or defense; for if we have these enemies at home, how can we strive with those that are abroad? If we be free from these, no oth-rigor of his confinement. He then petitioned the er can impeach us. Our ancient English virtue (like the old Spartan valor), cleared from these disorders our being in sincerity of religion and once made friends with heaven; having maturity of councils, sufficiency of generals, incorruption of officers, opulency in the King, liberty

10 Buckingham had taken the crown jewels and plate to Holland, and pawned them for £300,000.

Buckingham, some years before, had sent out an expedition for the capture of Algiers. It result

ed in a total failure, and so incensed the Algerines, that the commerce of England suffered ten-fold loss in consequence; thirty-five ships, engaged in the Mediterranean trade, having been captured within a few months, and their crews sold for slaves.

After two years his health gave way under the

King for a temporary release, that he might recover strength; but this was denied him, unless he made the most humbling concessions. He refused, and sunk, at last, under the weight of his sufferings, at the end of three years, in Novem ber, 1632, "the most illustrious confessor in the cause of liberty," says Hallam, "whom the times produced." One of his sons petitioned for liberty to remove his body to Cornwall for burial ir. his native soil, and received for answer these insulting words, written at the bottom of his petition: "Let him be buried in the parish where he died;" that is, in the Tower, the place of his imprisonment. No wonder that such a spirit brought Charles to the block

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