Page:Cassell's Illustrated History of England vol 3.djvu/52

38 precedents for such restraint on the house by the crown. The house on this proposed to appoint a committee to inquire into these precedents, and how far they were founded in constitutional right; but here again, James, fearing he had gone too far, sent them word, that although the matter in question properly belonged to him, he should not object to their reading the petition.

But the crown and the house very soon came into collision on the subject of the powers of the commons. A petition was presented from the merchants, representing the injuries their ships and commerce received from Spain, particularly on the coasts of South America, the ports of which the Spanish were endeavouring to close against all other nations. The commons thought it a subject of that national character that they should have the co-operation of the peers with them, and therefore sent to the upper house proposing a conference. But the lords demurred, thinking it a subject which the commons were scarcely authorised to enter upon. The difficulty, however, was mutually obviated; the lords agreed to the conference. But it proved only an occasion seized upon by the crown to deliver a lecture to the commons on their aspiring to deal with subjects too high for them. James was, in fact, contemplating an alliance with Spain, and was by no means disposed to offend its rulers. Cecil, therefore, and lord Henry Howard, now earl of Northampton, read the commons a very plain lecture, instructing them that all matters appertaining to peace or war, and all such topics as led to these results, belonged especially to the crown; which indeed occasionally consulted the commons, not out of right or necessity, but as a matter of favour, and also of policy, when it was advisable to have the sympathy and co-operation of the representatives of the people. That the declaration of war or concession of peace were the absolute prerogative of the crown; the business of the commons was more private and local, such as furnishing funds, and when money was wanted, they would be sure to hear of it.

The commons allowed the petition of the merchants to stand over for the time, but out of doors the spirit of dissatisfaction rose high, and the leaning of James towards Spain was narrowly watched and commented upon.

Whilst the government and the commons were engaged in this discussion, a serious insurrection called the attention of the council another way. The lucky courtiers who had obtained amongst them the estates of the gentlemen forfeited for their share in the gunpowder plot, whilst dividing and inclosing, like their predecessors who had obtained the estates of the church, cast greedy eyes on the adjacent common lands, and inclosed as much as they could of them with the rest. The people, deprived of their right of pasturage, rose in resistance, as they had done in the reign of Edward VI. They had the statutes regarding inclosures in their favour, and assembling in numbers from one to five thousand, they broke down the new fences, filled up the ditches, and restored the usurped fields to their ancient state as common. Like the agrarian reformer, Ket of Norfolk, they confined themselves strictly to their legitimate object. They conducted themselves with perfect order; committed no depredations on really private property, nor perpetrated any excesses, to which their numbers might have tempted them. They appeared in great force at Hill Norton, in Warwickshire, an estate of Tresham's, and in their largest amount of five thousand at Coleshill. Their leaders, whoever they were, appeared in masks, except one man of the name of Reynolds, who was an enthusiast, and set all danger at defiance; declaring that he was sent of God to satisfy men of all degrees, and had, moreover, authority from the king to level all the new fences. He acquired the name of Captain Pouch, from a large pocket which he wore at his side, and in which he boasted that he carried a charm which not only made him invulnerable to sword or bullet, but which would protect them from all harm.

The insurgents broke out about the middle of May, having in vain previously presented their memorials to the council, the members of which were too much interested in the lands in question to pay any attention to them. At first James and the court were greatly alarmed, supposing it to be a demonstration of the catholics or puritans. The guards at the palace were doubled, and orders were issued to the lord mayor to watch the motions of the apprentices in the city. A little time, however, revealed the real nature of the movement, and the insurgents were ordered by proclamation to disperse; but they stood their ground, assuring the magistrates that they were only executing the statutes against inclosures, and were under orders not to violate the law in any manner, nor even to indulge in swearing. The lieutenants then endeavoured to raise the counties, but the yeomanry displayed no desire to interfere in such a cause; and many gentlemen even contended that it was best to concede the matter to the poor, advice which, if followed, would no doubt have insured speedy quietness without bloodshed. But this did not suit the views of the interested council, and the earls of Huntingdon and Exeter and lord Zouch were sent down with a considerable force to quell them. Sir Edward Montague and Sir Anthony Mildmay came upon a number of them busy levelling the inclosures at Newton, another estate forfeited by Tresham. They found them well armed with bills and bows, pikes and stones. The officers commanded them to disperse, but they refused, and after twice reading the riot act in vain, they ordered a charge. The trained bands showed no relish for the business; but the regular cavalry, and the servants of Mildmay and Montague, attacked them briskly. The insurgents returned the attack with much bravery, but at the second charge broke and fled. Forty or fifty of them were killed, and a great number wounded. Sir Henry Fookes, who led on the infantry against them, was severely wounded.

After this defeat "the levellers," as they were called, were pursued in all directions, and everywhere put down and dispersed. Many prisoners were made, and a commission, with Sir Edward Coke at its head, was appointed to try them.

James, with a good feeling that did him honour, instructed the commission to use moderation in punishing the prisoners, declaring that the council had been more to blame than them, for neglecting their petitions. Had they not intercepted them, he pretended to say that they would have received redress from him. He maintained that they had been oppressed and driven to resistance by the rapacity of