not
ready by that time to do what is fit for themselves, it shall be their
own fault."[*] On a subsequent occasion, he asked them, "Why demand
explanations, if you doubt not the performance of the statutes according
to their true meaning? Explanations will hazard an encroachment upon the
prerogative; and it may well be said, What need a new law to confirm an
old, if you repose confidence in the declarations which his majesty
made to both houses?"[**] The truth is, the Great Charter and the old
statutes were sufficiently clear in favor of personal liberty: but as
all kings of England had ever, in cases of necessity or expediency, been
accustomed at intervals to elude them; and as Charles, in a complication
of instances, had lately violated them; the commons judged it requisite
to enact a new law, which might not be eluded or violated by any
interpretation, construction, or contrary precedent. Nor was it
sufficient, they thought, that the king promised to return into the way
of his predecessors. His predecessors in all times had enjoyed too much
discretionary power; and by his recent abuse of it, the whole world had
reason to see the necessity of entirely retrenching it.
The king still persevered in his endeavors to elude the petition. He
sent a letter to the house of lords, in which he went so far as to make
a particular declaration, "That neither he nor his privy council
shall or will, at any time hereafter, commit or command to prison, or
otherwise restrain, any man for not lending money, or for any other
cause which, in his conscience,[**joined-up though no hyphen] he thought
not to concern the public good, and the safety of king and people." And
he further declared, "That he never would be guilty of so base an action
as to pretend any cause of whose truth he was not fully satisfied."[***]
But this promise, though enforced to the commons by the recommendation
of the upper house, made no more impression than all the former
messages.
* State Trials, vol. vii. p. 193.
** State Trials, vol. vii. p. 196. Rushworth, vol. i. p. 556
*** State Trials, vol. vii. p. 198. Rushworth, vol. i. p.
560, Parl. Hist. vol. viii. p. 111.
Among the other evasions of the king, we may reckon the proposal of
the house of peers, to subjoin to the intended petition of right the
following clause: "We humbly present this petition to your majesty, not
only with a care of preserving our own liberties, but with due re
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