The Struggle for Sovereignty. Группа авторов
by some fit and timely remedy to bee given against a military kinde of government.
Eighthly, that the due way of publicke defence, in case of imminent and eminent danger, or actuall necessary warre, for the pressing of men, and other charges of warre, such as Cote and Conduct money,22 and all doubts thereabouts, may be made more certaine, and settled for the time to come.
Ninthly, that if the King’s ordinary Revenues now taken for the Crowne, be not sufficient to maintaine him, as our great Master, some legall order may be taken therefore, and that he may be sensible of his Subjects’ loyalty, and his Subjects live safe under him, that his enemies may finde him considerable, and his true friends usefull.
FINIS.
The renowned parliamentary leader and politician John Pym was an outspoken critic of the Court. He opposed Arminianism and Catholic influences in the Church of England, and he staunchly upheld what he saw as England’s ancient constitution. Pym was educated at Oxford and entered the Middle Temple, although he was never called to the bar. His long parliamentary career began in 1614 in the reign of James I. Pym actively supported the Petition of Right in the Parliament of 1628 and later in that session conducted the Commons’ case against Roger Maynwaring. He was a leading member of the Commons in the Short Parliament and, even more important, in the Long Parliament.
Pym was convinced there was a plot to destroy parliamentary institutions and the Protestant religion. When the Long Parliament convened he demanded that those guilty of this conspiracy be punished. Prominent among those he believed culpable was Charles’s leading councillor and loyal minister, Thomas Wentworth, Earl of Strafford. Strafford’s willingness to resort to extraordinary means on behalf of his master and his high-handed administration as president of the Council of the North and lord-deputy of Ireland had made him notorious. Beyond this Strafford was believed to have urged the king to use an Irish army against the English parliament and was preparing to charge parliamentary leaders with treasonous conspiracy with the Scots.
Pym played the leading role in Strafford’s fall. He moved that a subcommittee investigate Strafford’s conduct in Ireland and later that he be impeached on a charge of high treason. This meant a trial before the House of Lords. Pym led the attack at every stage, from the collection of evidence and preparation of charges to the presentation of the case. Strafford’s trial began on 22 March 1641. The chief difficulty was that despite his overbearing tactics and possible transgressing of the royal prerogative on behalf of Charles, Strafford had not committed any act of treason against the king. Pym attempted to get around this by arguing that to endeavour the subversion of the laws of the kingdom was treason; that to come between the king and his people was treason; that the culmination of many small, perfidious acts, none of which was in itself treasonous, could constitute treason.
Strafford defended himself so ably that on 10 April with the Lords reluctant to convict, a bill of attainder was introduced into the Commons. This would simply declare Strafford guilty without the necessity of a trial. As the bill of attainder moved through the legislative process the original impeachment continued with Pym chosen by the Commons to deliver its reply to Strafford’s defense. Pym’s speech to the Lords on that occasion, published as a tract and reprinted here, sets out the Commons’ constitutional position succinctly and eloquently. He explains their notion of treason as a subversion of the laws, an introduction of an arbitrary and tyrannical government. This speech has been acclaimed as the best of Pym’s career. At least nine editions of it were printed in 1641.
Despite Pym’s efforts the impeachment was dropped. The bill of attainder, however, passed, and on 12 May Strafford was executed. Despite Charles’s promise to Strafford that he would pardon him, the king made no move to save his loyal minister. It would be one of his lasting regrets. With the onset of civil war Pym served as a leader of the parliamentary party. He would never live to see its outcome. He died in December 1643.
The Speech or Declaration of John Pym, Esq: &c.
My Lords,
Many dayes have been spent in maintenance of the Impeachment of the Earle of Strafford, by the House of Commons, whereby he stands charged with High Treason. And your Lordships have heard his Defence with Patience, and with as much favour as Justice would allow. We have passed through our Evidence, and the Result of all this is, that it remaines clearly proved, That the Earle of Strafford hath indeavoured by his words, actions, and counsels, to subvert the Fundamentall Lawes of England and Ireland, and to introduce an Arbitrary and Tyrannicall Government.
This is the envenomed Arrow for which he inquired in the beginning of his Replication this day, which hath infected all his Bloud. This is that Intoxicating Cup, (to use his owne Metaphor) which hath tainted his Judgement, and poisoned his Heart. From hence was infused that Specificall Difference which turned his Speeches, his Actions, his Counsels into Treason; Not Cumulative, as he exprest it, as if many Misdemeanours could make one Treason; but Formally and Essentially. It is the End that doth informe Actions, and doth specificate the nature of them, making not only criminall, but even indifferent words and actions to be Treason, being done and spoken with a Treasonable intention.
That which is given me in charge, is, to shew the quality of the offence, how hainous it is in the nature, how mischievous in the effect of it; which will best appeare if it be examined by that Law, to which he himselfe appealed, that universall, that Supreme Law, Salus populi. This is the Element of all Laws, out of which they are derived; the End of all Laws, to which they are designed, and in which they are perfected. How far it stands in opposition to this Law, I shall endeavour to shew in some Considerations which I shall present to your Lordships, all arising out of the Evidence which hath been opened.
The first is this: It is an offence comprehending all other offences; here you shall finde severall Treasons, Murders, Rapines, Oppressions, Perjuries.
The Earth hath a Seminarie vertue, whereby it doth produce all Hearbs, and Plants, and other Vegetables. There is in this Crime, a Seminarie of all evils hurtfull to a State; and if you consider the reasons of it, it must needs be so. The Law is that which puts a difference betwixt good and evill, betwixt just and unjust. If you take away the Law, all things will fall into a confusion, every man will become a Law to himselfe, which in the depraved condition of human nature, must needs produce many great enormities. Lust will become a Law, and Envie will become a Law, Covetousnesse and Ambition will become Lawes; and what dictates, what decisions such Laws will produce, may easily be discerned in the late Government of Ireland.1 The Law hath a power to prevent, to restraine, to repaire evils; without this all kind of mischiefs and distempers will break in upon a State.
It is the Law that doth intitle the King to the Allegeance and service of his people; it intitles the people to the protection and justice of the King. It is God alone who subsists by himselfe, all other things subsist in a mutuall dependence and relation. He was a wise man that said, that the King subsisted by the field that is tilled. It is the labour of the people that supports the Crowne. If you take away the protection of the King, the vigour and cheerfulness of Allegeance will be taken away, though the Obligation remaine.
The Law is the Boundarie, the Measure betwixt the King’s Prerogative, and the People’s