Abstract
THESE sentiments in an address by Charles I to the inhabitants of Nottinghamshire at Newark in July 1642, on the eve of the Civil War, were both to become a recurrent and increasingly prominent feature of Royalist propaganda over the next few years and to evoke an increasingly sympathetic response in the minds of many of those who had sided with the Parliament against the King in 1642. To his dying day Charles continued to assert that his royal rights and the liberties of his subjects were inextricably bound together. The Parliament which had withheld from him his property at Hull assuredly would not hesitate to commit similar outrages on the property of his subjects. One of Clarendon’s most telling criticisms of the constitutional usurpations of the King’s opponents derived much of its force from this frank admission of the ways in which the Crown itself had gone too far during the eleven years of personal government in the 1630s. What was now happening, he averred, was that the same principles … should be used to the wresting all sovereign power from the Crown, which the Crown had a little before made use of for the extending its authority and power beyond its bounds, to the prejudice of the just rights of the subject. A supposed necessity was then thought ground enough to create a power, and a bare averment of that necessity to beget a practice, to impose what tax they thought convenient upon the subject by writs of ship-money never before known; and a supposed necessity now, and a bare averment of that necessity, is as confidently and more fatally concluded a good ground to exclude the Crown from the use of any power by an ordinance never before heard of; and the same maxim of Salus populi suprema lex, which had been used to the infringing the liberties of the one, made use of for the destroying the rights of the other .…2
… And assure yourselves, when Laws shall be altered by any other Authority than that by which they were made, your Foundations are destroyed. And though it seems at first but to take away my Power, it will quickly swallow all your Interest.1
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Notes and References
J. Rushworth, Historical Collections, 7 vols (1692) vol. iv, p. 653.
Clarendon, History, vol. ii, pp. 85–6.
Lols G. Schwoerer, ‘No Standing Armies!’ The Anti-army Ideology in Seventeenth-Century England (Baltimore, 1974) pp. 38–9. See also pp. 45–6.
Rushworth, Historical Collections, vol. v, p. 183.
[Thomas Povey], The Moderator expecting sudden peace (1643) p. 4.
The Cordiall of Mr. David Jenkins or his Reply to H.P… Answered (1647) p.19.
The Ordinance and Declaration of the Lords and Commons for the Assessing (Oxford, 1642) pp. 12–13; Clarendon, History, vol. ii, p. 427.
Clarendon, History, vol. ii, pp. 247–8. See A. Everitt, The Community of Kent and the Great Rebellion, 1640–60 (Leicester, 1966) pp. 95–107; T. S. P. Woods, Prelude to Civil War: Mr. Justice Malet and the Kentish Petitions (1980) passim.
Clarendon, History, vol. ii, pp. 525–6.
CSPD, 1645–7, p. 11.
To … the Lords and Commons … the humble Petition of the Knights, Gentry, Clergy and Commonalty of the County of Kent (1648) (BL E441 (25)) p. 2.
For a similar request in the Surrey petition presented on 16 May 1648, see Old Parliamentary History (1751–62) vol. xvii, p. 139.
On the royal reply see esp. C. C. Weston, ‘The Theory of Mixed Monarchy under Charles I and After’, EHR, LXXV (1966) esp. 426–33.
See e.g. His Majesties Declaration to all his Loving Subjects of August 12,1642 (Cambridge, 1642) pp. 73–4; ‘The Remonstrance of the Commons of England to the House of Commons …’ (1642), Somers Tracts, 2nd coll., 11 (1750), 258; His Majesties Declaration to all his loving Subjects in Answer to a Declaration… 3 June 1643 (Oxford, 1643) p. 35.
BL Add. MSS 31, 116, fo. 295; BL Harl. MSS, 164, fo. 243. For other examples of the questioning by both Royalists and Parliamentarians of the legality of parliamentary ordinances, see Bodl. Lib., Clarendon MSS, 21, fo. 69; His Majesties Answer to the xix Propositions (1642) p. 2: Lawrence Wormock, Sober Sadnes: or Historical Observations (Oxford, 1643) pp. 37–8; Judge Jenkins’ Remonstrance to the Lords and Commons (1648) p. 5; Somers Tracts, 2nd coll., 11, 259–60; Clement Walker, ‘The Mystery of the Two Juntoes, Presbyterian and Independent’ (1648) in Select Tracts Relating to the Civil Wars in England… ed. F. Maseres (1815) vol. ii, p. 348; ‘The Parliamentary Diary of John Boys, 1647–8’, ed. D. E. Underdown, Bulletin of the Institute of Historical Research, xxxix (1966) 161–2.
Judge Jenkins’ Remonstrance, no pagination. John Lilburne, The Peoples prerogative and privileges (1648) pp. 40–1. For similar observations in the Leveller petitions of Mar. and Nov. 1647, see Leveller Manifestoes of the Puritan Revolution, ed. D. M. Wolfe (1967) pp. 136–7, 240–1; Walker, ‘The Mystery of the Two Juntoes’, in Maseres, Select Tracts, vol. ii, pp. 338–9.
Wolfe, Leveller Manifestos, pp. 121, 136.
D. E. Underdown, Somerset in the Civil War and Interregnum (Newton Abbot, 1973) pp. 135–6.
The Lowes Subversion: or Sir John Maynard’s Case truly stated (1648) (BL E431(2)) p. 6. See also [Nathaniel Ward], To the High and Honourable Parliament of England … the Humble Petitions, Serious Suggestions (1648) pp. 12–13.
His Majesties Declaration to all his Loving Subjects of August 12, 1642 pp. 70–1.
Bodl. Lib., Clarendon MSS 21, fo. 69.
On the violation of parliamentary privilege in the matter of the eleven members, see A Declaration of the Lord Maior Aldermen… of London (1647) pp. 4, 8; The Petition of Right of the Freeholders and Freemen of the Kingdom of England… (1648) (BL E422 (9)) pp. 9–16, 19; [Ward], Parliament, pp. 17, 18.
The Parliament under the Power of the Sword (1648) p. 4.
W. Prynne, ‘The Case of the old secured, secluded and now excluded Members, briefly and truly stated’ (1660), Somers Tracts, 3rd coll., ii (1751) 189–96.
A New Found Stratagem (1647) pp. 5–6 and passim.
D. Jenkins, An Apology for the Army touching (1647) passim, and esp. pp. 2–4, 8, 10.
His Majesties Declaration to all his Loving Subjects of August 12,1642 p. 63; cf. the King’s declaration on the parliamentary assessment ordinance of 8 Dec. 1642, The Ordinance and Declaration of the Lords and Commons for the Assessing (Oxford, 1642) pp. 13–14; Clarendon, History, vol. ii, p. 427; for similar remarks on the arbitrariness of the ‘twentieth part’, see A letter from a Scholler in Oxfordshire to his Uncle (Oxford, 1643) p. 17; Wormock, Sober Sadnes, pp. 41–2.
Everitt, Community of Kent, p. 157; A. Hassell Smith, ‘Militia Rates and Militia Statutes, 1558–1663’, in The English Commonwealth, 1547–1640 ed. P. Clark, A. G. R. Smith, and N. Tyacke (Leicester, 1979) pp. 107–9.
D. Jenkins, Lex Terrae (1647) pp. 1–2.
[Ward], Parliament, p. 17. See also p. 25.
His Majesties Declaration to all his Loving Subjects of August 12, 1642, pp. 74–5.
See R. Ashton, The City and the Court, 1605–1643 (Cambridge, 1979) pp. 83–98, 101–36, 149–56.
Wolfe, Leveller Manifestoes, pp. 124, 136–7, 139; The Leveller Tracts, ed. W. Haller and G. Davies (Gloucester, Mass., 1964) p. 159. See also the petition of September 1648 against the Treaty of Newport, Old Parliamentary History, vol. xvii, p. 457; Dr Robert Brenner points out also that the leaders of the City Independents in the late 1640s and the Commonwealth period were drawn preponderantly from the ranks of domestic rather than overseas traders, with the notable exception of what he calls ‘the colonial-interloping complex’. (R. Brenner, ‘The Civil War Politics of London’s Merchant Community’, Past and Present, no. 58 (1973) 92, 96–7. On the Commonwealth, see J. E. Farnell, ‘The Usurpation of Honest London Householders: Barebone’s Parliament’ EHR LXXXII (1967) 38.
Acts and Ordinances of the Interregnum, ed. C. H. Firth and R. S. Rait (1911) vol. i, pp. 311–5, 322–7, 571–3.
BL Add. MSS 15, 903, fo. 32.
His Majesties Declaration to all his Loving Subjects of August 12, 1642 p. 49.
For references to complaints against the Scots in this regard, see BL Add. MSS 37,978, fos 28-28(b), 29(b), 34; Bodl. Lib., Tanner MSS 59, fos 195, 216-6(b), 225, 254, 265, 266, 294, 321, 366-6(b), 387-7(b), 392–5; Tanner MSS 60, fo. 361; Washington D.C., Folger Library, Folger MSS Ga 6, fos 5–7; Some Papers given by the Commissioners [of the Parliament of Scotland] (Edinburgh, 1646) pp. 14–15; Old Parliamentary History, vol. xiv, pp. 85–9, 145–50.
The Petition of Right of the Free-holders and Free-men of the Kingdom of England humbly presented to the Lords and Commons (1648) (BL E422(9)) pp. 16–17, also p. 20. See also Vox Populi: or the Supplication (1647) passim; The Earnest and Passionate Petition of divers thousands of Well-affected Knights, Gentlemen, Freeholders, Tradesmen and others (1648) (BL E425(10)) pp. 2–3.
A Publicke Declaration and Solemne Protestation … against the illegall Intolerable … Grievance of Free-quarter (1648) (BL E426(3)) pp. 1–6. See also BL Stowe MSS 361, fos 100-100(b); [Ward], Parliament, p. 25.
C. Holmes, The Eastern Association in the English Civil War (Cambridge, 1974) p. 188.
D. M, Wolfe, Leveller Manifestoes, pp. 243–7: cf. John Lilburne, The Peoples Prerogative and Privileges (1648) pp. 42–4; and Haller and Davies, Leveller Tracts, pp. 164, 166.
BL Stowe MSS 361, fo. 100.
Firth and Rait, Acts, vol. 1, pp. 953–4; Old Parliamentary History, vol. xv, p. 406.
For examples of complaints against the operation of Indemnity Ordinances see The Petition of Right of the Freeholders, pp. 8–9, 18; Walker, ‘The Mystery of the Two Juntoes’, in Maseres, Select Tracts, vol. ii, p. 336.
J. S. Morrill, The Revolt of the Provinces (1976) p. 76. Yet even these sweeping provisions did not satisfy the soldiers (see ibid., pp. 175–6).
Old Parliamentary History, vol. xvii, p. 454.
See e.g. Bodl. Lib., Tanner MSS 62, fo. 118; Bodl. Lib., Tanner MSS 64, fo. 156; His Majesties Answer to the xix Propositions (1642) p. 3; The Ordinance and Declaration of the Lords and Commons for the Assessing p. 13; Clarendon, History, vol. ii, pp. 427, 434, 445; A Letter from a Scholler in Oxfordshire to his Uncle (1643) p. 17; Three Letters: the first from an Officer (Oxford, 1643) pp. 32–3; Wormock, Sober Sadnes, pp. 39–41.
The Lawes Subversion: or Sir John Maynard’s Case Truly Stated, passim, and esp. pp. 7–12. See also P. Gregg, Free-born John (1961) pp. 197–8.
BL Egerton MSS 2618, fo. 31.
Judge Jenkins Plea (1648) passim; Judge Jenkins Remonstrance, p. 5.
John Lilburne, Peoples Prerogative, introduction, no pagination.
Wolfe, Leveller Manifestoes, pp. 156–88, esp. pp. 163–9.
Memorials of the Great Civil War in England, ed. H. Cary (1842) vol. ii, pp. 141–8. For the analogy with Christ as applied to the execution of the King, see R. Ashton, The English Civil War: Conservatism and Revolution, 1603–1649 (1978) pp. 346–7.
James Howell, A Letter to the Earle of Pembrooke (1647) (BL E522(5)) p. 11.
The Lawes Subversion: or Sir John Maynard Case Truly Stated, pp. 13–14.
Walker, ‘The Mystery of the Two Juntoes’ in Maseres, Select Tracts, vol. ii, p. 338.
On the peculiarities of local government in Cheshire, see J. S. Morrill, Cheshire, 1630–1660 (Oxford, 1974) passim.
[Edward Bowles], Manifest Truths (1646) p. 51.
Bodl. Lib., Tanner MSS 58, fo. 173; see also fos 218-218(b), 230-0(b).
Walker, ‘The Mystery of the Two Juntoes’, in Maseres, Select Tracts, vol. ii, p. 339. On King, see Edward King, A Discovery of the Arbitrary, Tyranicall and Illegal Action (1647); also C. Holmes, ‘Colonel King and Lincolnshire Politics, 1642–1646’, Historical Journal, xvi (1973) 451–84.
The Committee at Stafford, 1643–1645, ed. D. H. Pennington and I. A. Roots (Manchester, 1957) p. 343.
Walker, ‘The Mystery of the Two Juntoes’, in Maseres, Select Tracts, vol. ii, pp. 338, 351.
Bodl. Lib., Tanner MSS 60, fo. 254. For a no less eloquent denunciation by Dorset men, some of whom, significantly, had themselves been Clubmen, see The Declaration of the County of Dorset (1648) (BL E427(26)) esp. pp. 3–6. For a Kentish complaint, see A Letter from a Gentleman in Kent (1648) (BL E448(34)) esp. pp. 1–2.
The Earnest and Passionate Petition of divers thousands of Well-affected Knights, Gentlemen, Freeholders, Citizens, Tradesmen and others, esp. pp. 3–4; A Publike Declaration and Solemne Protestation… against the Illegal, Intollerable… Grievance of Free-Quarter p. 6.
See, for example, the army’s declaration or remonstrance of 14 June 1647 (Haller and Davies, The Leveller Tracts, p. 62). The power given to committees and deputy lieutenants is also questioned in the Heads of the Proposals (The Constitutional Documents of the Puritan Revolution, 1625–1660, ed. S. R. Gardiner (Oxford, 1962) p. 325). Deputy lieutenants are also included in these criticisms.
Walker, ‘Mystery of the Two Juntoes’, in Maseres, Select Tracts, vol. ii, p.338.
King, Discovery, pp. 11–20.
The Declaration and Resolution of the Knightes, Gentry and Freeholders of the County of Kent, 29 May, 1648. (BL E445(10)) pp. 1–3. See also A Declaration of the Inhabitants of the County of Kent to the Disterbers (sic) of the peace (1648) (BL E443(9)) no foliation.
[Howell], A Letter to the Earle of Pembrooke, pp. 10–11. For examples of earlier complaints about the incompleteness of Parliament see His Majesties Declaration to all his Loving Subjects of August 12, 1642, pp. 76–77; The Ordinance and Declaration of the Lords and Commons for the Assessing, p. 14.
The Cordiall of Mr. David Jenkins or his Reply to H.P…. Answered, esp. pp. 6, 16. For Jenkins’s arguments, see Jenkins, Lex Terrae, p. 11, The Cordiall of Judge Jenkins (1647) pp. 9–10, An Apology for the Army touching, p. 5.
BL Add. MSS 25, 277, fos 60–1; Old Parliamentary History, vol. iii, pp. 87–116; Clarendon; History, vol. iii, pp. 303–5.
An Apology for the Army touching, p. 9.
His Majesties Answer to the xix Propositions, p. 3.
The Cordiall of Mr. David Jenkins… Answered, pp. 19–20.
Puritanism and Liberty, ed. A. S. P. Woodhouse (1966) pp. 111–12.
Maseres, Select Tracts, vol. ii, p. 349.
Bodl. Lib., Tanner MSS 58, fo. 54. See also Jenkins, The Cordiall of Judge Jenkins, pp. 4–7; The Vindication of Judge Jenkins (1647) pp. 1–2.
[Ward], Parliament, p. 12.
The Declaration of Many Thousands of the City of Canterbury or County of Kent (1648) (BL E421(23))pp.4,7.
CSPD, 1648–9, pp. 63–4; To the Lords and Commons Assembled in Parliament … the Humble Petition … of the County of Kent (1648) [BL E441(25)] pp. 2–3; The Declaration together with the Petition … of the County of Hampeshire (1648) (BL E447(18)); The Declaration of the County of Dorset (1648) (BL E447(26)), pp. 3, 4–5; HMC, 7th report (House of Lords MSS) p. 30: Old Parliamentary History, vol. XVII, pp. 139–41.
The Declaration of Col. Foyer and Col. Powel and the Officers and Soldiers under their Command (1648) (BL E435(9)) pp. 1–6; Collonell Powell and Col. Foyers Letters to His Highnesse the Prince of Wales (1648) (BL E436(14)); The Declaration of the King’s Army in South Wales (1648) (BL E438(13)) p. 6; The Declaration of Sir Marmaduke Longdate … and of the Gentlemen … now in Action for His Majesties Service in the Northern Parts (1648) (BL 446(17)) p. 7.
On this see C. C. Weston, ‘The Authorship of the Freeholders Grand Inquest’, EHR, xiv (1980) esp. 78–86.
Bodl. Lib., Clarendon MSS 31, fo. 86; A Declaration of the Knights, Gentlemen and Freeholders of the County of Surrey concerning their late Petition (1648) (BL E433(8)); CSPD, 1648–9, pp. 63–4; Old Parliamentary History, vol. XVII, pp. 139–41, 169–70: Underdown, Diary of John Boys, p. 164.
Bodl. Lib., MSS Add. C. 132, fos 70-70(b).
C. V. Wedgwood, The Trial of Charles I (1964) p. 131.
His Majesties Answer to the xix Propositions, p. 22.
Wedgwood, Trial of Charles I, p. 164.
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© 1982 Robert Ashton, Anthony Fletcher, Roger Howell, Ronald Hutton, Mark Kishlansky, John Morrill, Donald Pennington, Richard Tuck
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Ashton, R. (1982). From Cavalier to Roundhead Tyranny, 1642–9. In: Morrill, J. (eds) Reactions to the English Civil War 1642–1649. Problems in Focus Series. Palgrave, London. https://doi.org/10.1007/978-1-349-16911-5_9
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