you, we most humbly recommend your Highness to the Divine Majesty, whom we beseech for Christ his sake to dispose your royal heart to do herein what shall be to his glory, the good of his church, and your endless comfort.

Your Majesty's most humble subjects, the ministers of the gospel, that desire, not a disorderly innovation, but a due and godly reformation.

(The Church History of Britain, from the Birth of Jesus Christ until the year 1629, ed. T. Fuller, 3rd Ed., Lond. 1842, vol. III, p.193.)

152. Levying a Feudal Aid

(1612)

Fædera, Rymer

Even in the seventeenth century, the feudal dues continued to be an important source of the royal revenue, and so continued until abolished in 1660 by the statute of 12 Car. II, c. 24. The directions, given below, for the levying of an aid in 1612 should be compared with those given in the reign of Richard I. (No. 65.)

Whereas our eldest daughter Elizabeth hath long since accomplished the age of seven years, by reason whereof there is due unto us by the laws and statutes of this our realm of England reasonable aid to be had and levied of all our immediate tenants by knight's service and in soccage for her marriage: These are therefore to will and require you our Chancellor to cause to be made and sealed under our great seal of England as well several commissions to be directed unto all the counties of this our said realm according to the form of a draught of a commission for that purpose to these presents annexed, as also several commissions for the Cinque Ports and for compounding with all the Lords spiritual and temporal of this our realm and with the masters... and other the heads of houses, halls and colleges of our Universities of Oxford and Cambridge, according to several draughts hereunto likewise annexed, changing such things therein as are to be changed, and to direct them to such commissioners as you with the Lord Privy Seal and our Chancellor of our Exchequer shall name and appoint, returnable at the days of the several draughts prefixed, and the same several commissions to renew to the same commissioners or any others according to your directions as often as need shall require, and also to name and choose any two of the said commissioners in every county respectively to be collectors for the same aid; and these shall be your sufficient warrant in that behalf.

Given under our signet at Woodstock the 30th day of August in the 10th year of our reign of England, France and Ireland, and of Scotland the six and fortieth.

Edward IV., in 1473, was the first king to mask the forced loans exacted by several of his predecessors and successors as "Benevolences." After his time, though the kings continued to extort loans, or more properly tribute, from their subjects without legal warrant, the extortions were to be "free gifts." The practice was declared illegal by Richard II. in the first year of his reign, yet in the second it was made use of. The extortion of Benevolences was practised by the Tudors, and under the Stuarts it became a crying abuse, which the express prohibition contained in the Petition of Right did not overcome, for in 1661 a limited Benevolence was authorized by Parliament. To this, however, was attached the condition that in future the exaction of these Benevolences was to be under the absolute control of Parliament instead of the king. The following letters are extremely illuminating: (A) the form that was sent to the Justices of the Courts at Westminster and to the Barons of the Exchequer as well as to civil officials was with the addition of (B) sent by the Archbishop of Canterbury and the greater ecclesiastics generally on receipt of letters from the king requiring contributions from ecclesiastics.

(A) ... What endeavours his Majesty hath used by treaty and by all fair and amiable ways to recover the patrimony of his children in Germany, now for the most part withholden from them by force, is not unknown to all his loving subjects, since his Majesty was pleased to communicate to them in parliament his whole proceedings in that business: of which treaty, being of late frustrate, he was enforced to take other resolutions, namely, to recover that by the sword which by other means he saw no likelihood to compass. For which purpose it was expected by his Majesty that his people in parliament would (in a cause so nearly concerning his and his children's interest) have cheerfully contributed there

But the same unfortunately failing, his Majesty is constrained, in a case of so great necessity, to try the dutiful affections of his loving subjects in another way, as his predecessors have done in former times, by propounding unto them a voluntary contribution. And therefore, as yourselves have already given a liberal and worthy example (which his Majesty doth take in very gracious part), so his pleasure is,

and we do accordingly hereby authorize and require your lordships, as well to countenance and assist the service by your best means, in your next circuits, in the several counties where you hold general assizes, as also now presently with all convenient expedition to call before you all the officers and attorneys belonging to any his Majesty's courts of justice, and also all such others of the houses and societies of court or that otherwise have dependence upon the law, as are meet to be treated withal in this kind and have not already contributed; and to move them to join willingly in this contribution in some good measure, answerable to that yourselves and others have done before, according to their means and fortunes; wherein his Majesty doubteth not, but beside the interest of his children and his own crown and dignity, the religion professed by his Majesty and happily flourishing under him within this kingdom (having a great part in the success of this business) will be a special motive to incite and persuade them thereunto. Nevertheless, if any person shall, out of obstinacy or disaffection, refuse to contribute herein proportionably to their estates and means, you are to certify their names unto this board.

And so recommending this service to your best care and endeavour, and praying you to return unto us notes of the names of such as shall contribute and of the sums offered by them, we bid [etc.].

(Historical Collections of Private Passages of State, etc., ed. J. Rushworth, 1682, I, p. 60.)

(B)... Your Lordship by these letters may see how far it concerneth his Majesty in honour and the realm in safety, that the patrimony of the King's children should be recovered again by force of war, since it cannot be obtained by treaty. ... We therefore, who upon the receipt of these his Majesty's letters have met together and duly considered what was most convenient to be done, have resolved that 3s. 10d. in the pound is as little as we can possibly offer towards so great an enterprise, yet hoping that such as be of ability will exceed the same. You shall therefore do well by all forcible reason, drawn from the defence of religion and justice, to incite all your clergy... as also the lecturers and licensed schoolmasters within your diocese, that with all readiness they do contribute towards this noble action. And whereas there be divers commendataries, dignitaries, prebendaries and double-beneficed men that have livings in several dioce

ses, we hold it fit that for every one of these within your Lordship's diocese the contribution be rateable, so that the monies in such sort to be given may be brought to London by the 10th day of March next, to be delivered to the hands of such receivers as for that purpose shall be appointed. And to the end that true notice may be taken of such as are best disposed to this so good a service, we expect that your Lordship send up to the Archbishop of Canterbury the several sums and names of all those who contribute; and lastly ...that you cause the preachers within your diocese in a grave and discreet fashion to excite the people that, when occasion shall serve, they do extend their liberalities to so Christian and worthy an enterprise: Wherein not doubting but your lordship will use all your best, prudent, and most careful endeavours, we leave you to the Almighty. From Lambeth, 21. Januarii MDCXXI. Junxta etc.

G. Cant.

Jo. Lincoln, C.S.

[and twelve other bishops].

(Cardwell, Docum. Annals, Oxford, 1844, vol. II, p. 196.)

154. James I. and the Commons

Parliamentary History

The policy of James I. was the reverse of conciliatory in the contest with Parliament upon its constitutional rights. The Commons' side of the question is set forth in the protest recorded on December 18, the day of the forced adjournment, in the Journal Book. The King struck out the record with his own hand, and the memorial which is given by the historian shows the royal opinion on the matter immediately in question, as well as hinting James' general conceptions of constitutional rule. The incident forms a fitting introduction to the stormy rule of Charles I.

The Commons now assembled in Parliament, being justly occassioned thereunto concerning sundry Liberties, Franchises, and Privileges of Parliament, amongst others here mentioned, do make this Protestation following, That the Liberties, Franchises, Privileges, and Jurisdictions of Parliament, are the ancient and undoubted Birth-right and Inheritance of the Subjects of England; and that the arduous and urgent Affairs concerning the King, State, and Defence of the Realm, and of the Church of England; and the Maintenance and Making of Laws, and Redress of Mischiefs and Grievances which daily happen within this Realm, are proper Subjects and Matter of Counsel and Debate in Parliament;

and that in the handling and proceeding of those Businesses, every Member of the House of Parliament hath, and of Right, ought to have Freedom of Speech, to propound, treat, reason, and bring to Conclusion the same: And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order, as in their Judgments shall seem fittest: And that every Member of the said House hath like Freedom from all Impeachment, Imprisonment, and Molestation (other than by Censure of the House itself) for or concerning any speaking, reasoning, or declaring any Matter or Matters touching the Parliament, or ParliamentBusiness: And that if any of the said Members be complained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advice and Assent of all the Commons assembled in Parliament, before the King give Credence to any private Information.

This Protestation was made and recorded in the JournalBook of the Commons, December the 18th, the Day of Adjournment. But how the King took it, will best appear, by his sending for the Journal-Book of the Commons, in Council, and striking out the Protestation with his own hand; and by the following Memorial, which was published soon after, as is seen by the Date of it...

Whitehall, December 30, 1621. "His Most Excellent Majesty coming this Day to the Council, the Prince his Highness, and all the Lords and others of his Majesty's Privy-Council sitting about him, and all the Judges then in London, which were six in Number, there attending upon his Majesty; the Clerk of the Commons House of Parliament was called for, and commanded to produce his Journal-Book, wherein was noted, the Entries made of most Passages that were in the Commons House of Parliament; and amongst other Things there was written down the Form of a Protestation concerning sundry Liberties, Privileges, and Franchises of Parliament; with which Form of Protestation his Majesty was justly offended. Nevertheless his Majesty, in a most gracious Manner, there expressed, That he never meant to deny that House of Commons any lawful Privileges that ever they had enjoyed; but whatsoever Privileges or Liberties they had by any Law or Statute, the same should be inviolably preserved unto them; and whatsoever Privileges they enjoyed by Custom,