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7-18-2013 'In the Time of a Woman, Which Sex Was Not Capable of Mature Deliberation': Late Tudor Parliamentary Relations and their Early Stuart Discontents Josh Chafetz Cornell Law School, [email protected]

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Recommended Citation Chafetz, Josh, "'In the Time of a Woman, Which Sex Was Not Capable of Mature Deliberation': Late Tudor Parliamentary Relations and their Early Stuart Discontents" (2013). Cornell Law Faculty Publications. Paper 587. http://scholarship.law.cornell.edu/facpub/587

This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. 33760-ylh_25-2 Sheet No. 4 Side A 07/10/2013 12:28:45 . OLUMES V : 7/5/2013 12:38 PM WO ” T IN ; ART P HIRD T HE .T 181 OLLECTIONS C NTRODUCTION I ISTORICAL ISTORICAL ,H USHWORTH R The King was not amused. On January 3, 1642, he accused five five 3, 1642, he accused January On amused. not was The King OHN 1 It is one of the most well-known incidents in English constitutional constitutional in English incidents well-known most one of the is It In the Time of a Woman, Which Sex Was a Woman, the Time of In 1. 1 J M K HAFETZ * am and I University, Yale of Club the Elizabethan of centenary the of AssociateProfessor in celebration of Law,Cornell series School. Law lecture Thisthe Article originally was preparedaspart of grateful to Justin Zaremby and Steve Parks for inviting me todeliver the lecture and tothe audience at Tom Alexander, to Greg grateful am also I comments. and questions helpful for School Law Yale the McSweeney, Bernie Meyler, Aziz Rana, Josh Stein, andCatherine Roach helpful for and thought- provoking comments on earlier drafts. Arthur Kutoroff provided excellent research assistance. Any remaining or infelicities errors own.course, are, my of Josh Chafetz* Josh Chafetz* “ Mature Deliberation of Not Capable Articles Relations and Late Tudor Parliamentary Discontents Stuart Their Early C history. On December 1, 1641, the increasingly restive House of of House restive increasingly 1641, the 1, December On history. a Remonstrance, Grand the so-called with I presented Charles Commons reign of his entirety the encompassing grievances, enumerated 206 of list to date. C Y 33760-ylh_25-2 Sheet No. 4 Side A 07/10/2013 12:28:45 A 07/10/2013 4 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 4 Side B 07/10/2013 12:28:45 M K , C Y 4 [a]n [a]n “ ARLIAMENT P . It seems seems . It AESAR TO THE AESAR 7/5/2013 12:38 PM C The King King The 3 s Chair. s Chair. all leaders of of leaders all ’ — ”] ULIUS ULIUS J Hoping to avoid to avoid Hoping History of England of History 6 When he demanded demanded he When EETING OF THE THE EETING OF 8 M NVASION OF 9 I ” The House of Commons Commons of The House 2 ” Historical Collections Historical 1644, at 437-51 (London, Chiswell & Cockerill Cockerill & Chiswell (London, at 437-51 1644, FROM THE , APPENED FROM THE FROM APPENED EAR EAR H Y 5 NGLAND of treason and sought to have them tried tried them to sought have and of treason this House will take it into serious Consideration; and will will and Consideration; serious it into take will House this HICH HICH E “ — W ND OF THE E ATTERS ATTERS ISTORY OF ISTORY M H note 1, at 477. 477. at 1, note I Have neither Eyes to see, nor Tongue to speak in this in this to speak Tongue nor to see, neither Eyes Have I TO THE HE “ . at367. ” supra ,T Id , ” .1640 RINCIPAL RINCIPAL . (1642) 366. , upon the Question, That the House shall adjourn itself itself adjourn shall That the House , upon the Question, UME P D s Chair and harangued the Commons. the harangued and s Chair 3 H ’ 1688, at 364 (Liberty Fund 1983) (1778). (1778). 1983) Fund (Liberty 364 at 1688, OUR J Not seeing the accused members in attendance, he ascended to to he ascended attendance, in members the accused seeing Not 7 AVID USHWORTH . . at 477-78. . at 478. . at 368 (elisionin original). I AM sorry to have this Occasion to come unto you[. to come Occasion this to have sorry AM I Gentlemen, Id * * * * * * * * Resolved of Clock. One To-morrow till “ His Majesty came into the House; and took Mr. Speaker took and House; the into came Majesty His “ .Id .Id .Id The House met the next day, with the five accused members in in members accused five the with day, next the met House The 4. that replied they precisely, More 2. 5 D 7 8 9 3. 2 H.C. 6. 1 R 5. OVEMBER THE EVOLUTION IN IN EVOLUTION ONTAINING THEONTAINING HAFETZ violence, the House ordered the five accused members to leave; soon soon leave; to members accused five the ordered House the violence, to the the doors open threw guard armed and his King the thereafter, chamber. that the Speaker tell him where the members had gone, gone, the Speaker had the members where him tell the Speaker that insisting, refused, me. to direct is pleased House the as but place, 1692) (reprinting the Grand Remonstrance). Remonstrance). Grand the (reprinting 1692) demanded that the House of Commons turn over the accused members; members; accused the turn over Commons of the House that demanded to him. back get and it about think would they that replied the Commons One can only imagine the scene of chaos that must have overwhelmed the the overwhelmed have must that chaos of the scene imagine can only One John indispensable the his assistant, Fortunately, Clerk. Journals poor in his details the Rushworth, provides that, shortly after assembling for the day, the House learned that Charles Charles that learned House the day, the for assembling after shortly that, guard. large a with on Westminster marching was the Speaker attendance. The Commons Journal entry for that day ends abruptly with with abruptly ends day that for entry Journal The Commons attendance. notation: the following R C C 182 Kimbolton and Lord Commons of House of the members Humanities the & Law of Journal Yale 25:181 [Vol. the opposition to the Crown the to opposition the whose Hume, David Even Lords. of the House before as act this to refers Charles, toward charitable is generally N indiscretion, to which all the ensuing disorders and civil wars ought ought wars civil and disorders ensuing the all which to indiscretion, ascribed. to be directly and immediately immediately passed a resolution authorizing armed resistance to Crown to Crown resistance armed authorizing a resolution passed immediately of Parliament. member any arrest to attempting officers attend his Majesty with Answer, in all Humility and Duty, with as much Speed as the Greatness of the the of Greatness as the Speed with as much and Duty, Humility in all Answer, with Majesty his attend permit. will Business 33760-ylh_25-2 Sheet No. 4 Side B 07/10/2013 12:28:45 B 07/10/2013 4 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 5 Side A 07/10/2013 12:28:45 s ’ by by use use the the ). ’ “ ” — see also also see Over Over Thomas Thomas 14 22 (1999) 22 (1999) UPREMACY official s First Case Case s First S ‘ See ’ 7/5/2013 12:38 PM note 13, at 165 TS TS I first ). ). “ ” Charles soon soon Charles promote royal royal promote 34 (2d ed. 1926) 1926) ed. 34 (2d supra “ 12 Parliamentum, Curia, Curia, Parliamentum, HILOSOPHY , ” ). The same process of P ” Still, there can be be can there Still, 17 This group of royal royal of This group ouncil and the law ouncil and the law parliament in general and the the and general in parliament s] council in full session. “ ’ 13 ARLIAMENT , at 1 (2010); 924-1327, ADDICOTT ” P ARLIAMENT AND P ISTORY AND ISTORY Priviledges of Parliament! of Parliament! Priviledges ); M ” “ although different advisors advisors different although in order to in order :H ” — ARLIAMENT OURT OF P s origins lie in the practice of the of the practice the in lie origins s C ’ VOLUTION OF . at 381 (declaring (declaring 381 . at E IGH ARLIAMENT H III, at 382 (1996) (noting that the the that (noting at 382 (1996) III, P NGLISH NGLISH HE E HE ,T ,T ENRY draw[ing] any definite line between between line definite any draw[ing] expanded to include representatives of the the of representatives include expanded to “ . at 204-05 (noting the thirteenth-century summoning of H ” see also id also see Within a week, Charles left London Charles a week, Within id 11 and by the end of the thirteenth century, century, thirteenth the of the end and by ” LWAIN OLLARD And as the King walked the streets of London of London streets the walked King the And as I 15 P C 10 EIGN OF note13, at 169 (noting the mid-thirteenthcentury emergence of ” RIGINS OF THE THE OF RIGINS M OVEREIGNTY OF note 13,at198-204 (noting that, largely as a result of MagnaCarta ). ). R S O ” creatures of the thirteenth century thirteenth the of creatures “ HE great men HE HE HE supra ); A.F. “ supra ,T ” , ,T , ,T OWARD occursin 1236); to be be to . 827, 832-33 (2012) (noting the efforts by the jurists and clerks of the royal royal the of clerks and jurists the by efforts the (noting (2012) 832-33 827, . H ” ” counsel with his great men great his with counsel EV “ . (1642) 373. OUR J ARPENTER ADDICOTT ADDICOTT ADDICOTT .L.R HARLES HARLES C English Judges and Roman Jurists: The Civilian Learning Behind England Behind Learning Civilian The Jurists: Roman and Judges English M As Parliament developed a more distinct and well-defined well-defined and distinct a more developed Parliament As as a political force political as a M C M “ OLDSWORTHY EMP . . at 479. . at 479. 16 G s taking s taking ’ .See .Id .Id .See .See , 84 T This chain of events stands in rather marked contrast to previous great great to previous contrast marked in rather stands of events chain This As the King left the House in a huff, members were heard to yell, yell, to heard were members in a huff, House the left King the As 15 10 11 12. 2 H.C. 13. J.R. 14 17 16. D.A. The acts of those parliaments were acts of the King, and their authority was his authority, fortified fortified authority, his was authority their and King, the of acts were parliaments those of acts The Parliament . . . seems to be at first simply a talk or parley of the [King the of parley or a talk simply first at be to seems . . . Parliament By 1258 parliament had gone some way towards becoming an institution. an becoming towards way some gone had parliament 1258 By M K Priviledge! Priviledge! Priviledge! HAFETZ EFFREY “ “ “ ends and policies through cooperative discussion. cooperative through policies ends and Pretence or Colour of any Warrant issuing out from the King only, is only, the King from out issuing Warrant of any Colour or Pretence of Privilege the of and Subject, the of Liberties the of Breach the of guilty to the Commonwealth. Enemy a publick and Parliament, King counties and the towns, concilium ordinarium, concilium privatum, magnum concilium, commune concilium commune concilium, magnum privatum, concilium ordinarium, concilium Priviledges of Parliament! Priviledges might attend at different times, it was still essentially one body. it was essentially still times, at different attend might councilors was originally undifferentiated originally was councilors institutional identity, it began to exercise more power. more exercise to it began identity, institutional next time he would see it, he would be a prisoner. Several days later, the the later, days Several a prisoner. be he would it, see he would time next a member arrested who anyone that declared Commons of House raised his standard at Nottingham; the Battle of Edgehill took place that that place took Edgehill of the Battle Nottingham; at standard raised his October. Parliament conflagrations. constitutional C Chafetz 2013] 183 “ ( J role-differentiation can also be seen from the point of view of other institutions. institutions. other of view of point the from seen be also can role-differentiation commons in particular 16-17 (1910) (noting the impossibility of courts in the mid-thirteenth century to differentiate their functions and roles from those of other parts parts other of those from roles and functions their differentiate to century mid-thirteenth the in courts of the administration). royal McSweeney, ( of the term parliament term the of Parliament had a clear institutional identity, distinct from other from distinct identity, institutional a clear had Parliament mechanisms ofroyal governance (suchas the c courts). Parliament time, this group of of this group time, by counsel and consent. and counsel by ( requirement of consent to taxation, shire knights began to be more frequently summoned to to summoned frequently more be to began knights shire taxation, to consent of requirement Parliamentsbeginning in the 1220s); to Parliament). burgesses the next day, commoners were heard to yell to yell heard were commoners day, the next Law C Y 33760-ylh_25-2 Sheet No. 5 Side A 07/10/2013 12:28:45 A 07/10/2013 5 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 5 Side B 07/10/2013 12:28:45 M K ” 18 C Y of of ” ” RADITION T 7/5/2013 12:38 PM Simon Payling, Payling, Simon RITISH RITISH B was headed by by headed was only afterwards afterwards only chief importance chief “ “ government. As As government. see also 20 s crown was placed placed s crown was ’ EARS OF EARS Y royal He wanted money and money wanted He “ 7 (1936); 7 (1936); as was only to be expected, expected, to be only was as UNDRED Similarly, the Parliaments the Parliaments Similarly, “ OSES H R 25 Likewise, as Maddicott notes, notes, Maddicott as Likewise, 21 . at 29. 29. . at ). EVEN [t]he acts of those parliaments were :S “ And when opposition to his son, to his son, opposition when And It is true enough that Henry Tudor Tudor Henry that enough is true It 22 ARS OF THEARS 26 ” see also id also see W OMMONS C radical caesurae in English constitutional constitutional in English caesurae radical but we should be careful not to be overly overly to be not careful be should but we from the Crown the from s words, s words, — Again, in 1327, in 1327, Again, 27 ’ 23 note 13, at31 (noting that,inthe depositions of Edward and II s expensive foreign adventuring adventuring foreign s expensive s deposition were not the commons but the lords, but the commons the not were s deposition ). OUSE OF ’ ’ ” note 16, at 183-97. at 183-97. 16, note H note 13, at 22; 22; at 13, note 32. at 13, note supra note 18, at 10-11. 10-11. 18, at note , HE note 13, at 308. 308. 13, at note T supra ARLIAMENT IN THE ARLIAMENT IN supra supra , , , in supra a pattern that repeated yet again when Richard II was II Richard when again yet repeated that a pattern ,P , supra , 24 , 19 s right to the throne. to the s right ” ’ OLLARD OLDSWORTHY . at 392-93. 392-93. . at ARPENTER OLLARD the responsible magnates ensured that the supposed assent of the three estates of the on which royal government broke down, it was the higher the higher it was down, broke government royal on which G “ P C ADDICOTT . at 337. . at 337. . at 359-60. . at 359-60. OLDSWORTHY OLDSWORTHY — .See .See .Id .Id .See .See .See id .See On those few occasions those On 26 20 19. G 23 24 27. G 25 21 22. M 18. A.F. P HAFETZ the magnates, naturally enough. naturally the magnates, they wanted redress of grievances; but their petitions were local or or local were petitions their but of grievances; redress wanted they and King the with lay still legislation in public initiative the and personal, and outlook, knowledge, the possessed alone who his ministers problems. national of the comprehension to essential circumspection who once more looked to the knights and burgesses simply to provide to provide simply and burgesses the knights to looked once more who political cover, summoned during the Wars of the Roses were little more than tools used used tools than more little were Roses the of Wars the during summoned announce and claimant rival the to attaint them summoned whomever by patron their the initiators of Edward The Later Middle Ages Middle Later The deposed in favor of Henry IV in 1399. IV of Henry favor in deposed summoned a Parliament in 1485 to pass an Act of Succession, ratifying his his ratifying of Succession, an Act 1485 to pass in a Parliament summoned VII, as Henry rule to right realm . . . was formally recorded formally . was .realm . Richard II, opposition to Edward I Edward to opposition Pollard describes Parliaments under Edward I, I, Edward under Parliaments Pollard describes C 184of engine as an primarily served it that no doubt Humanities the & Law of Journal Yale 25:181 [Vol. did Simon de Montfort (himself an earl) summon representatives of the of the representatives summon an earl) (himself de Montfort did Simon kingdom. the of the state to shires discuss parliamentary power over taxation lay in the fact that it gave the commons an opportunity to present present to an opportunity commons the it gave that fact in the lay taxation over power parliamentary grievances of redress seek and petitions 48, 55 (Robert Smith John & S. Moore eds., 1996) (noting that the Edward II, began to build, it was the lords who took the lead in exiling his his in exiling lead the took who lords the was it to build, began II, Edward the against cover as political simply the commoners using favorites, charge of a baronial coup. Or, in Jeffrey Goldsworthy Jeffrey in Or, acts of the King, and their authority was his authority, fortified by counsel counsel by fortified authority, his was authority their and King, the of acts and consent. legalistic about it. Henry VII was King when Richard when King was VII it. Henry about legalistic history forward. 1258 The stepped who and burgesses, not the knights nobility, rebellionagainst Henry III was led bythe baronial class; 33760-ylh_25-2 Sheet No. 5 Side B 07/10/2013 12:28:45 B 07/10/2013 5 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 6 Side A 07/10/2013 12:28:45 , s s ’ ’ HE HE T As royal royal 33 ” SSAY ON AWS AND AWS E — s realm. s realm. L ’ N ALLED ALLED HAKESPEARE C 7/5/2013 12:38 PM S :A note 29, at 87. at 87. 29, note at 83. 29, note ]. a For modern N THE VII 49 n.1 (1999) (1999) 49 n.1 VII O supra supra a sign that kings had , , in “ ILLIAM ILLIAM , W ENRY RIGINAL THERWISE THERWISE EVOLUTION ” O R s right to rule is thus figured figured thus is rule to right s ,H ’ :O 109-16 (Charles Plummer ed., ed., Plummer (Charles 109-16 dominium politicum et et politicum dominium dominium regale dominium RANSLATED RANSLATED but not, as later mythology had it, T T but rather as rather but ” of the English Civil War. War. Civil English the of HRIMES . at 27-28, 30 (further elaborating on on elaborating (further 30 27-28, at . ” — C ORTESCUE ORTESCUE NGLAND E ONARCHY S.B. M ORTESCUE ORTESCUE ORTESCUE causes See also id also See III 225 n.52 (1981) (arguing that the hawthorn hawthorn the that (arguing 225 (1981) n.52 III ONSTITUTIONALIST “ This was meant to differentiate it it to differentiate meant was This C 29 The Governanceof England IMITED HE , Compare L ,T ICHARD ICHARD OVERNANCE OF The late medieval House of Commons of Commons House medieval late The ,R “ G OSS ORTESCUE ]. ]. note 29, at 113; F 113; at 29, note F 109; at 29, note R F HE amidst the spoils of the battle ROMARTIE parliamentary assent was an afterthought. afterthought. an was assent parliamentary “ C 28 ,T supra supra OHN note 13, at 32. 32. at 13, note J , , BSOLUTE AND A BSOLUTE AND LAN LAN s position in England was not quite the Monarch the quite not was England in s position HARLES HARLES IR A A ’ 81, 83-90 (Shelley Lockwood ed., Cambridge Univ. Press 1997) (c. 1471) , (2006). 24 at 1450-1642, C ” RANSLATED supra T , s head after the battle. battle. the after s head note 18, at 48. at 48. 18, note RIGINAL RIGINAL ORTESCUE ’ with F O O NGLAND NGLAND of Tudor victory to a world in which the Commons leads the the leads Commons the which in world to a victory Tudor of E E supra Parliament was still distinctly secondary; its job was to to job was its secondary; distinctly still was Parliament s lordship may be political as well as royal, but lordship it it lordship but royal, as well as political be may lordship s OHN The former required consent to taxation, whereas the latter did did the latter whereas taxation, to consent required The former ’ J ORTESCUE 32 political and royal lordship. royal and political 30 34 that is,not because of some theory of representation s understanding of the role of consent). Parliamentary consent was thus a device that that device a thus was consent Parliamentary consent). of role the of s understanding OLDSWORTHY III act 5, sc. 5, ll. 4-7 (Yale Univ. Press ann. ed. 2008). Henry 2008). ed. ann. Press Univ. (Yale 4-7 5, ll. sc. act 5, III IR ORTESCUE ORTESCUE ’ ” — — The Monarch The ISTORY OF ISTORY 31 H Lo, here this long-usurpèd royalty / From the dead temples of this bloody wretch / Have I plucked plucked I Have / wretch bloody this of temples dead the / From royalty long-usurpèd this here Lo, Writing in the midst of the Wars of the Roses, Sir John Fortescue Fortescue John Sir Roses, the of Wars the of midst the in Writing The question, then, is what happens between 1485 and 1642? That is, is, 1642?That and 1485 between happens is what then, question, The 30. F 28. Richard battlefield the on precisely where to as historians among debate is there Although 31. F 32. As Alan Cromartie has persuasively argued, the value of consent for Fortescue was not 34. Payling, “ 33. G 29. S IFFERENCE BETWEEN AN OVERNANCE OF ICHARD ICHARD M K advise and assist [the King] in transacting the affairs of the realm. of the affairs the in transacting King] [the assist and advise HAFETZ in a hawthorn bush), bush), in a hawthorn taken appropriate counsel. appropriate taken Simon Payling has noted, Payling Simon certainly did not see itself as engaged in a struggle with the Crown for for Crown the with in a struggle as engaged itself not see did certainly of and execution formulation the in a share for or even sovereignty, policy. inherent lordship. from the French Crown, which exercised simple simple exercised which Crown, the French from not. position in France; Parliament was an essential cog in the governance of of in the governance cog an essential was Parliament in France; position Monarch the and foremost first still it was But realm. the English King The remained. (arguing that the circlet was found THE regale referred to the English Crown as exercising as exercising Crown English the to referred how do we get from a world in which a civil war is fought amongst the the amongst fought is war civil a which in a world from get do we how the confirm to as a tool simply is used Commons the and class baronial fait accompli of nature the about here should clear be I Crown? Stuart the against revolt about the not asking am I inquiry: my G D C Chafetz 2013] 185 at Bosworth; head on his R “ translation of the text, see S see text, the of translation [hereinafter F bush would not have become so central to Tudor iconography were the story not true). Shakespeare, of of true). Shakespeare, not story the were iconography Tudor to central so become have not would bush with Henry crowning Stanley Lord us shows but found, was crown the us where tell not does course, it: it. of much make it, and it, enjoy / Wear withal. brows thy grace to off, Oxford Univ. rev. Press ed. 1885) (c. 1471) [hereinafter F circlet was found, there seems to be general acceptance that it was, in fact, found at Bosworth Field Field at Bosworth found in fact, it was, that acceptance be seems to general there found, was circlet Henry on placed and Fortescue sovereign sharing for a device not kingdom, his for decisions better make to monarch the allowed power. as a consequence of thebrute factmilitary of victory, not of the Act Succession. of C Y 33760-ylh_25-2 Sheet No. 6 Side A 07/10/2013 12:28:45 A 07/10/2013 6 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 6 Side B 07/10/2013 12:28:45 M K , 35 40 to to C Y ” The The “ made made “ ); S.K. : 1641, , the , the ” that is, is, that effects . 813, 815 “ — . 153 151, Q. TUD 1 (1990). 7/5/2013 12:38 PM EVOLUTION OF R IBR .S AR 68 (1993) ( 68 (1993) J.H. Hexter, Neo- Hexter, J.H. L EVOLUTIONS W RIT R B IVIL IVIL NGLISH NGLISH C E RITISH RITISH , 50 , 50 J. HE HE B EVOLUTION esprit de corps de esprit UNTINGTON R :T NGLISH 133, 139-43 (1987) (discussing (discussing (1987) 139-43 133, factors that led to the led that factors E solution to the crisis of the Stuart Stuart the of crisis the to solution HREE 41 and the Institution of the Common Common the of Institution the and 39 s New Model Army, leading in 1648 AUSE T , 61 , 61 H ’ ” William H. Dray, C in NGLISH NGLISH HEORY , Why Did Charles I Fight the Civil War? Civil the Fight I Charles Why Did E LD political O This book sets out to recreate the intellectual intellectual the recreate to out sets book This .&T Propositions to Bridle the Impertinency of of Impertinency the Bridle to Propositions see also ). ). “ 1540-1640, at 26-53 (1960) (describing the Civil Civil the (describing (1960) 26-53 at 1540-1640, ” s reign. These developments might might developments These s reign. AUSES OF THE AUSES IST OOD ); ). ’ ” ” C G HE HE ENTRY and cultural , 26 H , 26 ,T G ATURE OF THE 38 we [historians] have certainly spilt enough ink on the causes causes the on ink enough spilt certainly have [historians] we N to T to HE “ Our Cities Institutions Cities Our “ ,T HE note 32, at 3 ( 3 at 32, note USSELL R A Bourgeois Revolution? Bourgeois A ,T OPER Evil Counsel: The The Counsel: Evil social, supra . 441, 442 (2010) (suggesting that Jacobean drama played a role in a role played drama Jacobean that (suggesting (2010) 442 . 441, -R 37 , Introduction ONRAD ONRAD ORRILL C M UMAN ” REVOR s political account of the Civil War). War). Civil the of account political s ’ ROMARTIE OHN , J , Bernadette Meyler, Meyler, , Bernadette , C , Christopher Hill, , H.R. T J.L. & H economic, , June 1984, at 31, 32-33 (describing the Civil War as a baronial rebellion akin to earlier earlier to akin rebellion a baronial as War Civil the (describing 32-33 31, at 1984, , June Puritans, Revisionists, and the English Revolution English the and Revisionists, Puritans, 36 and the CritiqueofCaroline Governmentthe in Late1620s ); Noah Millstone, ALE ALE ” ); Christopher Hill, Only by confronting the content of religious zeal squarely can we begin to see the radicalism radicalism the see to begin can we squarely zeal religious of content the confronting by Only [P]roblems of constitutional change and tyranny formed a critical part of early Stuart political political Stuart early of part a critical formed tyranny and change constitutional of [P]roblems s Purge and the Rump Parliament. ” “ “ ’ ODAY .See, e.g. .See, .See, e.g. .See, . See, e.g. .See, e.g. .See, . See, e.g. .T , 22 , 22 Y My argument here is that, to answer this question, we must attend attend we must question, this to answer is that, here argument My 37 35 40. War Civil specific match to out set study groundbreaking whose Russell, Conrad 41. Because this Article focuses on events culminating in1642, do nothereI discuss the later 39 38 36 IST HAFETZ deliberat[ions] about legal and political arguments political and legal about deliberat[ions] Parliament Whiggism and Early Stuart Historiography Stuart Early and Whiggism of the EnglishRevolution and of Puritanism within it. constitutional self-confidence, and the justificatory language that enabled enabled that language justificatory the and self-confidence, constitutional I? Charles a war against in lead the to take them revolt, and this Article has no new causal candidates to put forward. to put candidates no new causal has Article this and revolt, a myriad of causes, began by noting that that noting by began causes, of a myriad of the EnglishCivil War. War in terms of the Court-Country divide); Conrad Russell, Russell, Conrad divide); Court-Country the of in terms War H “ to Pride to power struggle between the House of Commons and Cromwell instances of the magnates rising against the crown). individually seem minor and purely internal to Parliament, which may may which to Parliament, internal and purely minor seem individually who scholars, by overlooked largely been have they why explain well of domination monarchical of one as period Tudor late the seen have these aggregate, in the that, contends this Article But Parliament. to to begin Commons of House the allowed developments procedural right own in its actor constitutional a key as itself understand the in element essential as an itself to see to begin it allowed they possible by the fact that there had already been a considerable development of capitalist relations in in relations capitalist of development a considerable been already had there that fact the by possible England carefully to developments in matters of institutional procedure, beginning beginning procedure, institutional of matters in to developments carefully VIII of Henry in the middle roughly Baskerville, 1688, 1776,109, at111 Pocock (J.G.A. ed.,1980) (arguing thatthe EnglishCivil was War 1640-1660,at19, 20-31 (Christopher Hill Edmund & Dell eds., 2d ed.1969) (summarizing the economic causes of the Civil War). C 186 to political, pointing exists, already topic that on literature voluminous A Humanities the & Law of Journal Yale 25:181 [Vol. life; in other words, they were native categories. native were they words, in other life; English civil war was notthe first European revolution: it was the last of the WarsReligion. of world in which the aspirations of the godly fitted into a into fitted godly the of aspirations the in which world monarchy. (2011) ( (2011) historian J.H. Hexter J.H. historian (1998) ( (1998) religious, that a question question, institutional following the on focused is it Rather, of the House allowed What as attention: much nearly has not received of members the were How of discontent? as the locus to serve Commons the House of Commons able to develop the Law 33760-ylh_25-2 Sheet No. 6 Side B 07/10/2013 12:28:45 B 07/10/2013 6 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 7 Side A 07/10/2013 12:28:45 : 43 EW F s. Part s. Part AUSES OF ’ ISTORY OF OF ISTORY C H HE ONSTITUTIONS 7/5/2013 12:38 PM C RIVILEGED RIVILEGED ,T s power over s power over governance. P ’ (1921). (1921). s attempts at at s attempts note 32, at 219-20 219-20 at 32, note S ’ ’ TONE S royal supra MERICAN MERICAN , A RIVILEGE of mid-seventeenth century century mid-seventeenth of ONSTITUTIONAL P ” C EMOCRACY AWRENCE HE ,D L ROMARTIE ,T and But the institutional self- institutional the But RITISH AND AND RITISH C B s and Charles 45 local studies local HAFETZ ’ “ that is, roughly the periodfrom with C ARLIAMENTARY AITLAND ), — P .” (divided into Royalists and Parliamentarians) Parliamentarians) and Royalists into (divided OSH OSH ’ ORMS IN THE IN ORMS NGLISH NGLISH E N s reign through the end of Elizabeth the end through s reign s dismissal of an Elizabethan precedent with with precedent Elizabethan an of s dismissal ’ ’ political nation political ‘ text accompanying note 11. These are the questions that I seek to to seek I that questions the are These 11. note accompanying text , rather than as an element of of element as an than , rather s petition to the Crown at the beginning of a new of a new beginning the at the Crown to petition s ISTORY OF ’ H EMOCRATIC D The issues of institutional procedure discussed in in discussed procedure institutional of issues The [t]he [t]he note 43, at70; F.W. M HE “ 42 , 1529-1642, at 168-69 (rev. ed. 2002) (arguing boththat local leaders had On Revisionism: An Analysis of Early Stuart Historiography in the 1970s 1970s the in Historiography Stuart of Early Analysis An Revisionism: On ,T See supra . And how did their arguments for authority in the House come to be so so be to come House the in authority for arguments their did how . And supra , ITTKE . J. 609,619-20 (1990) (noting that W IST text accompanying note 97. 97. note accompanying text of the realm of the EVOLUTION RIVILEGE AND AND RIVILEGE HAFETZ R P ARL In this Article, however, I intend to focus on two lesser-studied lesser-studied two on intend to focus I however, this Article, In and it is not coincidental that the practice of demanding this this of practice demanding the that is not coincidental it and C 44 in the House , 33 , 33 H 242 (H.A.L. Fisher ed., Cambridge Univ. Press 1963). 1963). Press Univ. Cambridge ed., Fisher 242 (H.A.L. Glenn Burgess, Burgess, Glenn — NGLISH .See . infra See E Part I traces the transformation of these powers from tools of royalist of royalist tools from powers these of transformation the traces Part I 44 42. most which to extent the over controversies recent of aware am well I this, writing In 43. J see generally, privilege parliamentary On 45 M K NGLAND EGISLATIVE HAFETZ II traces the early Stuart reaction against and dismissal of these late Tudor Tudor these late of and dismissal against reaction Stuart the early traces II I James including precedents, the line that gave this Article its title. its Article this gave that line the (arguing that revisionist scholarshiphas both overstated the provincialism of members of Parliament apolitical), as provincialism treated and erroneously era the of members of the House were concerned with local affairs, to the exclusion of great matters of state. of matters great of exclusion the to affairs, local with concerned were House the of members Compare 1980s and numerousattachments with the governmentat London and that local elites were deeply concerned grand the and read value face at claims revisionist the take if we even But politics). national with such made who few a dedicated of interests the only reflecting as Commons of House the in actions this situate to able were they how and why ask to important less no still is it own, their issues opposition compelling thatpeople on the street in London chastised the King for his infringement on privilege? parliamentary answer here. here. answer When the first two Stuart monarchs attempted to roll back the gains that that the gains back roll to attempted monarchs Stuart two first the When the and Elizabeth, VIII Henry under areas these in had made the House its of sense its hone to continuing while the all back, fought House place. constitutional E C Chafetz 2013] 187 governance L THE confidence that it had gained in the course of winning its privileges from from its privileges winning of course the in gained had it that confidence Henry VIII and Elizabeth allowed the House of Commons to push back James against fortitude increasing with (2007); and C and (2007); the last decade of Henry VIII of Henry decade the last this Article fall under the general heading of parliamentary privilege. of parliamentary heading general the under fall Article this its own composition and its power to hold outsiders in contempt of of in contempt outsiders to hold its power and composition own its Parliament. right. transformation own This in its of Parliament to tools government Tudor period late the during place took England have shown that elements of parliamentary privilege in this period: the House the period: this in privilege parliamentary of elements The best-known privilege of Parliament is freedom of speech and and of speech freedom is of Parliament privilege best-known The debate Speaker in the privilege (1541, to be VIII Henry of reign the to dates session parliamentary precise). [consisted of]two tiny groups of zealots struggling to overcome the apathy andindifference of many. For of theEnglish gentry the. major aimin the 1640s .was to preserveeveryone the else . . . local community, their country,. from disruption C Y 33760-ylh_25-2 Sheet No. 7 Side A 07/10/2013 12:28:45 A 07/10/2013 7 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 7 Side B 07/10/2013 12:28:45 M K IR IR C Y S of of ” 1960) 1960) EIGN OF EIGN L.J. 177, R Leaving the the Leaving 253 ( UKE In 1384, In 7/5/2013 12:38 PM 47 RESENTED TO DJUDGED BY THE DJUDGED BY THE , 1509-1558,28- at P , 58 , 58 D s composition s composition discretions A ’ “ 50 EARS OF THE THE OF EARS OMMENTARY Y SSAYS SSAYS C OMMONS ). ). E ” C in , And in 1413, Henry IV IV And in 1413, Henry ECOND 48 -S OUSE OF OUSE ETERMINED AND for adjudication. for parliamentary service had to to had service parliamentary H ,D — WENTY intended to enable an institution which the the which an institution enable to intended HE OCUMENTS AND T “ UDORS :T leave ASES :D T C ATE ATE s justice IRST AND AND IRST ’ L -F ERTAIN ARLIAMENT C P HE ONSTITUTION C T WENTY T I. UDOR T ISTORY OF ISTORY EPORTS OF EPORTS H A committee, appointed by the House to investigate, investigate, to the House by appointed committee, A IN THE s role was merely to assist the King in governing his his governing in King the to assist merely was s role HE , s reign, the House of Commons took an active role in ’ 51 ,R The Stewardship of the Chiltern Hundreds Chiltern the of Stewardship The HE ’ ,T ,T , at xi-xii (London, Baker & Leigh 1775). I thank Tom McSweeney for help help for McSweeney Tom thank I 1775). Leigh & Baker (London, , at xi-xii LTON IRST F that is, to the King the to is, that LANVILLE INDOFF Nor was royal control over parliamentary composition limited limited composition parliamentary over control royal was Nor ARLIAMENT 204, 205 (Richard Pares & A.J.P. Taylor eds., 1956); Josh Chafetz, Chafetz, Josh 1956); eds., Taylor & A.J.P. Pares (Richard 205 204, G — P 49 s Council, claiming that he had been elected a knight of the shire shire of the a knight elected had been that he claiming s Council, G.R. E Betty Kemp, Kemp, Betty ’ And that is precisely what we see in early disputes over over disputes early in see we what precisely is that And . at xvi-xvii. I again thank Tom McSweeney for help with the translation. translation. the with help for McSweeney Tom thank again I xvi-xvii. at . . at xx-xxi. 46 OHN AMIER N AMES THE AMES J .See .Id .Id .See When Parliament But this state of affairs began to change in the mid-sixteenth century. In In century. the mid-sixteenth in to change began affairs of state this But 46 51. 3 S.T. B 48 49 50 47. J s flight from London, and points toward the lasting consequences of this of this consequences lasting the toward points London, and from s flight ING ING OMMONS IN OMMONS EWIS EWIS HAFETZ ’ determining an election result for the first time. Alexander Nowell was was Nowell Alexander time. first the for result an election determining his but in Cornwall, Looe West of borough the for member the as returned and church official a he was that grounds the on challenged was election ineligible. therefore Thomas Camoyes, a minor noble, was returned a knight of the shire for for shire of the a knight returned was noble, a minor Camoyes, Thomas was election his and ineligible, he was realm, the of a peer Being Surrey. a issued then which and his Council, Richard II by voided accordingly of the shire. knight of a new election the for writ A. Composition of the House House the of A. Composition 1553, during Mary 1553, during House: The Constitutional Status of Resignation from the House of Representatives of House the from Resignation of Status Constitutional The House: 185 (2008). (2008). 185 29 (1982). (1982). 29 with the translation. translation. the with C K L C 188 Charles to returning circle, the completes The Conclusion retrenchment. I events. of chain Humanities the & Law of Journal Yale 25:181 [Vol. for the county of Devon, but had been deprived of his seat by a false return return a false by seat of his deprived had been but of Devon, the county for of Court the to petition the referred Council The the sheriff. by Exchequer parliamentary elections. Thus, in 1319, Mathew de Cranthorn petitioned petitioned de Cranthorn in 1319, Mathew Thus, elections. parliamentary the King actually turned a disputed Commons election over to the over election Commons a disputed turned actually seek royal permission, which was not infrequently denied. infrequently not was which permission, royal seek the Lords. would be settled by the King, either personally or via his designated his designated or via personally either King, the by settled be would agents. to entering the House; those seeking to seeking those House; the to entering reported back that he was, indeed, ineligible; the House accepted the the accepted House the ineligible; indeed, that he was, back reported realm, it made sense that any questions about Parliament about questions any sense that it made realm, (noting, of parliamentary privilege generally, that it was it was that generally, privilege parliamentary of (noting, it from demanded he which work the do to purposes his for required king 33760-ylh_25-2 Sheet No. 7 Side B 07/10/2013 12:28:45 B 07/10/2013 7 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 8 Side A 07/10/2013 12:28:45 In UEEN UEEN 54 Q ” during the 7/5/2013 12:38 PM right to sit to sit right “ EIGN OF EIGN ’ that is, they they is, that R — The House also also House The 57 it sufficethto make “ URING THEURING D Here, then, we have a have we then, Here, 56 ” s service. In preparation for the the for preparation In service. s ARLIAMENTS ARLIAMENTS ’ P LL THE LL A OURNALS OF OF OURNALS J s own power who carried the day: after receiving a after receiving day: the carried who power s own s sixth Parliament, the county of Norfolk returned returned of Norfolk the county Parliament, s sixth ’ ’ HE ,T WES but the Commons were just getting started. It was during during was started. It just getting were the Commons but E . (1581) 117. Whetheror not shein fact ordered a new election has been ’ 53 The Commons thus asserted that they had the exclusive exclusive the had they that asserted thus Commons The D 52 58 s fourth Parliament, elected in 1572, did not meet between between meet not did in 1572, elected Parliament, s fourth OUR s report; and the Speaker asked the Queen to issue a writ for a a for a writ to issue the Queen asked Speaker and the report; s ’ J .” ’ s reign that the jurisdictional clash over election disputes really really disputes election over clash jurisdictional the that s reign Supporters of their right to sit argued that that argued sit to right their of Supporters ’ 55 281-82 (Paul Bowes ed., London, Starkey 1682). 1682). Starkey London, ed., Bowes (Paul 281-82 . . at 307-08. . at 307-08. . . at 308. . at 308. . IMONDS IMONDS divers Persons being newly returned in the Places of others, yet yet others, of Places in the returned newly being Persons divers “ .Id .Id .Id .Id .Id This right was put to the test a mere five years later. In the 1586 the 1586 later. In years five a mere test the to put was right This Elizabeth 52 57 53 58 54. 1 H.C. 55 56. S M K LIZABETH HAFETZ suggestion in the Chancery, and to procure a Writ thereupon for a new for a and new a thereupon to in Writ procure the Chancery, suggestion to and Chancellor Lord the to discredit was this question to And Election. Court. that of Proceedings Judicial the scandalize committee report, the House readmitted those members who were still still were who members those readmitted House the report, committee replacements. their of election the and voided living thought, relying on the Nowell precedent, that such things were were things such that precedent, Nowell on the relying thought, examinable in the House.Those who disagreed thoughtthat the mere fact sufficient was Chancery from out issued writ election of an the wished they clear how had made officials royal once that, thought the was in line. It meekly fall should House the settled, be to matter House of the partisans time of sitting of this Court, there do not at any time any Writ go out for out for Writ go any time any do not at there Court, of this of sitting time without or Baron Burgess, Citizen, Knight, of any or returning the chusing the of Clerk the to same the for directed first House this of Warrant the . . . Crown right to judge in matters of their own composition. composition. own their of in matters judge to right Elizabeth to elections lost to history, to lost Elizabeth fore. to the came 1576 and 1581. In those years, naturally, some members had died, become become died, had members some naturally, those years, In 1576 and 1581. Queen the in abroad gone or ill, seriously to election of writs issued accordingly Chancellor Lord the 1581 session, moved was it however, convened, House the When replacements. choose that House. of this Members be accounted, to or ought not, were living, E C Chafetz 2013] 189 Committee new election. jurisdictional clash. Those who wanted to debate the claimants the debate to wanted who Those clash. jurisdictional other words, the motion disputed the right of the Crown to declare vacant vacant to declare Crown the of right the disputed motion the words, other alive. newly The still were who members elected those of the seats was membership their while to step aside asked were claimants returned debated. issued a strong rebuke to the Lord Chancellor, resolving that, resolving Lord Chancellor, the to rebuke a strong issued C Y 33760-ylh_25-2 Sheet No. 8 Side A 07/10/2013 12:28:45 A 07/10/2013 8 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 8 Side B 07/10/2013 12:28:45 M K 62 to to C Y — this this 61 in their in their 65 “ 7/5/2013 12:38 PM , 1558-1603, at Elizabeth, Elizabeth, 59 OMMONS C By the end of the the end of the By 66 OUSE OF OUSE H s report and passed its own own its and passed s report HE via the Lord Chancellor Lord the via ’ for it to consider electoral electoral consider it to for :T ” — the committee wanted it known, it known, wanted the committee 63 ARLIAMENT P The House promptly ignored this rebuke rebuke this ignored promptly TheHouse 60 ” ISTORY OF H conclusion that counted. Accordingly, it resolved it resolved counted. Accordingly, that conclusion HE in truth impertinent truth in its “ ,T note 47, at xlii-xliii. xlii-xliii. at 47, note only belong[] to the Charge and Office of the Lord the Lord of and Office Charge to the belong[] only “ note 56, at 393. ASLER supra , H supra , 64 WES 2 P.W. E The House accepted the committee accepted The House . at 396. . at 396. . . . . at 397. LANVILLE ’ ” prejudicial to the priviledge of the House to have the same the same to have of the House priviledge the to prejudicial And thereof. Members such as were than others by determined Chancellor Lord said the of reverently very thought they though yet places; their in Judges competent them thought and Judges, and this in Parliament in Judges not for them took they case this in House. [t]hat it was a most perilous Precedent, that after two Knights of a Knights that two Precedent, after a it perilous [t]hat was most a out for issue new Writ should any Elected, duly were County it Commons of House of the order without second Election . . . . self differences, like such and of this adjudging and discussing the That . . . . House said to the belonged only competent were Judges and the Lord Chancellor That though in Parliament. not were they yet Courts, proper their in Judges .Id .Id .Id .Id .Id .See 59. G 60. D 61 62 63 64 65 66 HAFETZ committee concluded that the first election was conducted properly. conducted was election first the that concluded committee and appointed a committee to examine the Norfolk returns; the Norfolk examine to a committee and appointed resolve disputed elections, and she had the Lord Chancellor inform the the inform Chancellor Lord the had she and elections, disputed resolve House that it was sixteenth century, then, admission to the House of Commons had passed had passed of Commons the House to then, admission century, sixteenth however, wanted to reassert her authority her reassert to wanted however, which disputes, out, and issued Elections same the for the Writs whence from Chancellor, again. returnable are thither however, that it was it was that however, was it that C 190 was election This shire knights. as Gresham William and Farmer Thomas time, issued.This was writ election another and Chancery, in protested House the When returned. were Heydon Christopher and Gresham Humanities the & Law of Journal Yale election. Norfolk the into inquiry an opened it convened, 25:181 [Vol. The committee thus quite literally sought to put royal officials officials royal to put sought literally thus quite committee The places. 106-07 (1981). (1981). 106-07 resolution stating stating resolution Elizabeth yielded, and Thomas Farmer took his seat. took Farmer Thomas and yielded, Elizabeth Apparently, the Lord Chancellor, after consulting with some of the judges, judges, of the some with consulting after Chancellor, the Lord Apparently, conclusion; same to the had come 33760-ylh_25-2 Sheet No. 8 Side B 07/10/2013 12:28:45 B 07/10/2013 8 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 9 Side A 07/10/2013 12:28:45 , note note EALE . 301, . 301, N .441 at . at 624; IST Commons , rather Id H supra note 40, at at 40, note note 43, at at 43, note , ” . 1083,1093- ). ). ” 2 J.E. 7/5/2013 12:38 PM the servant servant the EV ” supra EALE ” supra , See also id also See , .L.R HI At first, because C USSELL s practice post-1586 thus thus post-1586 practice s 71 HAFETZ ’ ARLIAMENTARY Andrew Thrush, Thrush, Andrew R of the House of the There can be no doubt as to as to doubt can be no There “ through Council or Chancery, Chancery, or Council through from its stand in the Norfolk ” — , 76 , 76 U. , 26 P , 26 . at 205 nn.2-4. nn.2-4. 205 . at this House is to take notice of all all of notice take to is House this id see also see , that, from the Speaker. See also See “ note 56, at 430. note 46, at 254; 2 N 254; at 46, note governance, contempt of of contempt governance, supra supra , , per omnes per royal WES E 68 LTON ’ beat a hasty retreat hasty a beat sources cited in in cited sources E “ tified unto this House by the Clerk of the Crown in in Crown the of Clerk by the this House unto tified D note 56, at 430; ” See See This, of course, makes perfect sense if the if the sense perfect makes of course, This, supra , see also also see 69 it was agreed “ WES , 1584-1601, at 184 (1957). 70 E ’ D ” Executive Branch Contempt of Congress of Contempt Branch Executive power to control the Parliament by controlling its membership its controlling by Parliament the control to power note 50, at 205; 205; 50, at note ARLIAMENTS “ , at 303-04 (describing this incident). The House The incident). this (describing 303-04 , at P s political maturation. maturation. s political ’ s long parliament (1572-1583), they had to seek the the seek had to they (1572-1583), parliament long s ’ ER supra well liked of by this House. this by of liked well H supra “ Or, put differently, the Crown was no longer the legal legal the longer no was Crown the differently, put Or, 67 AND emblemished and maimed even to the peril of death of peril to the even maimed and emblemished I Kemp, “ could quash elections displeasing to itself and order new ones, then, when hard-driven and and hard-driven then, when ones, new and order itself to displeasing elections quash could Thrush, s Bench, where he was ordered to pay double damages, plus a fine plus a fine damages, double to pay ordered he was where s Bench, — ’ .See At almost exactly the same time, this same understanding of the House the House of understanding same this time, same the exactly almost At And, of course, gates tend to swing both ways, so it is unsurprising that that unsurprising is it ways, so both to swing tend gates course, of And, 70. Eltonand Neale thus view the assertion of exclusive jurisdiction over disputed elections as 68. transition: this of stakes the summarized succinctly Neale J.E. 67. House the that Thrush suggests Andrew 69 71. C see Parliament, of contempt of discussions extended more For M K LIZABETH LIZABETH HAFETZ of a member of Parliament, Henry IV ordered Sallage to appear before the the before to appear Sallage ordered IV Henry of Parliament, of a member King Parliament was an offense against the Crown. Thus, in 1404, when John John in 1404, when Crown.Thus, the against an offense was Parliament Sallage Returns only in such sort as the same shall be cer be shall same the as sort in such only Returns otherwise. not and Chancery the election controversy when, in 1589, a committee resolved that resolved a committee in 1589, when, controversy election evidence of the House seems fully consistent withits resolution the of Norfolk election. House now understood its members to be servants servants to be members its understood now House Crown. the of servants than Parliament was an instrument of instrument an was Parliament 193-206; and Josh Chafetz, Chafetz, and Josh 193-206; gatekeeper to the House of Commons. of House the to gatekeeper B. Contempt of Parliament and Breach of Privilege Privilege of and Breach Parliament of B. Contempt identity constitutional and powerful a distinct with as a body of Commons The well. as proceedings Parliament of in contempt itself to assert began story. the elections to outline has a similar here story 119 (2009). (2009). 119 C Chafetz 2013] 191 of parliamentary a matter to judgment royal of a matter being from judgment. E the House was simultaneously asserting exclusive jurisdiction over the the over jurisdiction exclusive asserting simultaneously was the House to leave who wished members did longer No of its members. resignations beginning rather, so; do to the Crown of the permission seek Parliament Elizabeth with permission of the House itself. of the House permission (seatinga member for the Port Rumney of New despite the fact thatthe Clerk of the Crown had not if whether, inquired was it when dispute, election 1601 a of midst the in And election). his certified yet the of Speaker the from out issue should warrant election new a seated, not were member returned the House or from the Clerk of the Crown, see also or both where, by [prior] constitutional theory, jurisdiction lay. It lay with the Crown in Chancery. Equally Equally Chancery. in Crown the with lay lay. It jurisdiction theory, constitutional [prior] by where, there canbe no doubt about the practical issue involved. theIf Crown 41 (noting fears of royal unscrupulous, it could take steps to exclude troublesome critics from Parliament. from critics troublesome exclude to steps take could it unscrupulous, 302 (2007). But Thrush stopped reading too quickly, for the committee immediately went on to void void to on went immediately committee the for quickly, too reading stopped Thrush But (2007). 302 an writ, election a new of granting the recommend and to Appleby of borough the for election the was that opinion v. Chancery: The 1604 Buckinghamshire Election Dispute Revisited Dispute Election Buckinghamshire 1604 The v. Chancery: 68, at185. C Y 33760-ylh_25-2 Sheet No. 9 Side A 07/10/2013 12:28:45 A 07/10/2013 9 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 9 Side B 07/10/2013 12:28:45 M K s 77 ’ C Y ITH ” ;W s release s release ’ 7/5/2013 12:38 PM OMMONS 189-91 (London, C As long as the as the long As NGLAND 74 E as long as the King as the King long as OUSE OFOUSE .” H The Lord Chancellor, Lord Chancellor, The — 76 s Bench to recover a debt (for (for a debt recover to s Bench ’ ARLIAMENTS IN IN ARLIAMENTS P against his advisory body) as as body) advisory his against . said said so. it made perfect sense to consider to consider sense perfect made it Upon being notified of his arrest, the the arrest, of his notified being Upon ROCEEDINGS IN THE ROCEEDINGS IN OLDING P they 75 — H laws And in 1433, a statute made double damages, double damages, made statute 1433, a in And all commandments and other acts proceeding proceeding acts and other all commandments to the Crown to ” “ 72 ANNER OF ANNER M RECEDENTS OF HE ,P ,T Indeed, it is worth noting the enacting language of this of this language the enacting noting worth it is Indeed, 73 ATSELL LSYNGE H E 53 (London, Hughs 2d ed. 1785). 1785). ed. 2d Hughs 53 (London, The King willing to provide for the Ease and Tranquility of them of them and Tranquility for the Ease to provide willing The King OHN “ . at 54-55. . at 54-55. . at 53-54. . at 53-54. . ENRY .Id .Id .Id By this point, word had gotten out that the House of Commons was on was Commons of House that the out had gotten word this point, By But, as with jurisdiction over disputed elections, the location of the the of location the elections, disputed over jurisdiction with But, as 77 76 72. H 73. (1433). 11 c. 6, Hen. 11 74 75. 1 J BSERVATIONS ordained and stablished ordained HAFETZ contempts against himself. Thus, the statute treats parliaments identically identically parliaments treats statute the Thus, himself. against contempts royal in participate subjects which by mechanisms are both to councils: and parliamentarians assaulting for the penalties And governance. also included they justice; royal out by meted only not were councillors payable ransoms and fines Crown was the motive force in the political state political in the force the motive was Crown “ is, (that Parliament against contempts Richardson & Clark 1768). 1768). Clark & Richardson fine, and ransom the punishments for all cases of assault upon a member member upon a of assault for all cases the punishments and ransom fine, of Parliament. O C 192 Crown. to the and ransom Humanities the & Law of Journal Yale 25:181 [Vol. House of Commons sent its sergeant to demand his release; the jailers, jailers, the release; his demand to sergeant its sent Commons of House and ensued, confrontation physical A over. him turn to refused however, to the House. back to flee forced was the sergeant release, but, in a remarkable move, the House of Commons declined his declined his of Commons the House move, in a remarkable but, release, that declaring assistance, a Crown official, offered to arm the sergeant with a royal writ for Ferrers for writ royal a with the sergeant arm to offered a Crown official, from the [House of Commons], were to be done and executed by their their by done executed and to be were Commons], of the [House from warrant. his which was of his mace, shew by only writ, without Serjeant that come to the Parliaments and Councils of the King by his his by King the of Councils and Parliaments to the come that . . . and stablished hath ordained Commandment, statute: In other words, they did not want him released because the Crown said so; so; said Crown the because released him want not did they words, other In because released him wanted they him surrender to decided Ferrers holding jailers the and the warpath, Ferrers securing returned. But the sergeant when fight a without and the sheriffs to prison also committed the House not enough; was had Ferrers suit person upon whose the and Ferrers had who held jailers contempt power began to change in the mid-sixteenth century. The The century. mid-sixteenth the in change to began power contempt in 1542. Ferrers Ferrers of George arrest the with came moment defining in arrested he was when Plymouth from of Parliament a member was King in the an action to London pursuant surety). a as served which Ferrers 33760-ylh_25-2 Sheet No. 9 Side B 07/10/2013 12:28:45 B 07/10/2013 9 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 10 Side A 07/10/2013 12:28:45 s ’ 80 80 NGLAND E 7/5/2013 12:38 PM The House 79 ORTURE IN T s rejection of the Lord of the Lord s rejection ’ After the Commons had had the Commons After s speech constituted his his constituted s speech he was committed to the to the committed was he 81 ’ ISTORY OF ISTORY — H HE d and knit together into one one into together d and knit ’ ,T s service. ’ to the House on their on their behalf. to the House ARRY ” P humble suit humble “ note 51, at 130. s role as his advisory body. His claim that his servants servants that his claim His body. advisory his as role s note 75, at 55-56. at 55-56. 75, note at 56-57. 75, note 82 ’ supra . Just as the House as the of Commons House . Just , Special pains were reserved for the jailer who had started started had who jailer the for reserved were pains Special supra supra , , 78 s proffered writ constituted a statement about the role of the the of role the about a statement constituted writ s proffered INDOFF s role in the constitutional order. The King is attempting to to attempting is King The order. constitutional the in role s ’ ’ d as done against our Person and the whole Court of of Court the whole and our Person against done d as ’ ATSELL ATSELL 2 B . at 55-56. . at 55-56. . at 55. On the Little Ease, see see L.A. Ease, Little the 55. On . at serve him serve Body Politick, so as whatsoever offence or injury (during that that (during injury or offence as whatsoever so Politick, Body is to be of the House, Member meanest to the is offered time) judg First commending their wisdome in maintaining the Privileges of of Privileges the maintaining in their wisdome commending First point) in any to be infringed have not he would (which the House his in attending and Parliament, the of head being he, that alledged reason to have in ought thereof, the business upon person own So him. upon there attending servants his and all him, for Privilege his servant, only but been no Burgess, had Ferrers said the if that any as well as the Privilege, to have he was thereof respect in that own for your not only he, that you, quoth understand, For I other. cooks your to even servants, necessary your for also but persons, be we further, . . . . And said Privilege the enjoy and horse-keepers, in our stand so highly at no time we that by our Judges; informed Head, as we wherein of Parliament; the time in as Royal, Estate conjoin are Members, as and you Parliament; which prerogative of the Court is so great (as our our (as so great is the Court of prerogative which Parliament; out coming processes and acts all as us) informeth Counsel learned place give and cease time for the must Courts, other inferior of any highest. to the .See .Id .Id But the matter was not quite finished, for, in addition to being a member a member being to addition for, in finished, quite not was matter But the 81 78 79 82. 1 H 80. 1 H M K HAFETZ resolved the matter, freeing Ferrers on its own authority and imprisoning and imprisoning authority own its on Ferrers freeing matter, the resolved of the members called prominent Henry him, arrested had those who him: before House Little Ease dungeon of the Tower of London, a cell so small that the the so that a cell small of London, Tower of the dungeon Little Ease direction. in any out stretch fully not could prisoner the physical confrontation with the sergeant the with confrontation the physical rejoinder. The House asserted that it could act by itself, for itself. The The itself. for itself, by act it could that asserted The House rejoinder. C Chafetz 2013] 193 arrested. been Chancellor the King Constitution, in the House English Beneath the superficial pleasantries here lies a serious struggle over over struggle serious a lies here pleasantries superficial Beneath the Parliament the House reassert the help to meant is that privilege a claim is privilege afforded should be House of Parliament, Ferrers was in the King the in was Ferrers of Parliament, (1975). (1975). prisoners were only released after the Mayor of London and other other and London of Mayor the after released only were prisoners made friends powerful C Y 33760-ylh_25-2 Sheet No. 10 Side A 07/10/2013 12:28:45 A 07/10/2013 10 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 10 Side B 07/10/2013 12:28:45 M K , — C Y less a a less very “ 83 “ ALLACE s part ’ ROMARTIE C 7/5/2013 12:38 PM ” in the reign of of reign the in ” a time when when a time — s deeds that s deeds set s remarks were s remarks were ’ ’ 13 (photo reprint 1971) 1971) reprint 13 (photo note 32,at 92, 98 (suggesting business. And this shift shift this And business. OMMONS C supra , own s speech to the members of the House, over the House of Commons. W ’ winning of the initiative the of winning ” The language of contempt and and of contempt The language “ OUSE OF OUSE 84 s , as an aspiration if not a reality, is at last last is at a reality, not if aspiration an , as ’ ’ H in which we can see the House House can see the we in which ROMARTIE Henry ). ). C ” — only 85 the whiphand “ see also see But beneath the surface, in these disputes disputes in these the surface, But beneath 86 s ability to do its to do its s ability s actions were necessarily in his service. his in necessarily were s actions ’ Tudor despotism Tudor ’ ‘ s words NITIATIVE BY THE ’ I After many years in which it has not been respectable to use the phrase phrase the use to respectable been not has it in which years many After “ note 71, at 1098-100. note 44, at 242; 242; at 44, note s struggles with Henry and Elizabeth over its privileges laid the groundwork groundwork the laid privileges its over and Elizabeth Henry with struggles s ’ supra supra INNING OF THE THE OF INNING , s words notwithstanding, it was the House the was it notwithstanding, s words s focus was on legislation, and he accordingly noted that parliamentary upstarts like like upstarts parliamentary that noted accordingly he and legislation, on was s focus ’ W in Maitland ’ ” HE note at 59 ( 42, note Chafetz, ,T AITLAND supra , note 32, at 79. But Cromartie discusses discusses Cromartie But 79. at 32, note .See .See But Henry We thus have a moment in the mid-sixteenth century in the mid-sixteenth We thus have a moment 85. M 83. Henry that observed likewise has passage, this discussing in Cromartie, 84 86. House the located famously Notestein Wallace OTESTEIN HAFETZ TONE had an important corollary: it now became possible to conceive of of conceive to possible became now it corollary: important had an Monarchs by even or officials, Crown by committed contempts of royal instrument just one was Parliament when all, After themselves. royal of instrument other and some it between a dispute governance, the authority: to a reference by supervening be could settled governance governance, of royal outside stood Parliament once But King. the of will else, everyone like officials, Crown and power, no supervening there was the throughout example, for Thus, power. contempt the of afoul run could the irks the House which in pattern repeating a see we 1560s and 1570s, and/or succession of issues into its nose poking by (usually Queen discussions their to cease them ordering by responds Elizabeth religion); breached has Queen the that howls House the member; a detaining or by down. backs Queen the and its privileges; the tone for the future. Henceforth, it would be the House, and the House House House, be the and the it would Henceforth, future. for the the tone of breach and of Parliament contempt punish would that alone, an assert would the House so, doing In privilege. parliamentary no longer were Crown. the Contempts from distinct identity institutional were they instead, governance; ofroyal functioning the with interferences the House with interferences in academic circles, the concept of of concept the circles, academic in that English governmentunder Mary and Elizabeth canaccurately be characterized as absolutist); S claim that kingship was parliamentary than that the houses of parliament were royal. were parliament of houses the that than parliamentary was kingship that claim an assertiveness against which Henry was pushing. pushing. was Henry which against assertiveness an carving out for itself a distinct institutional identity. It is, of course, true true course, of is, It identity. institutional distinct a itself for out carving Crown the with remained state of matters on great the initiative that period. Tudor the throughout N C 194the House that insisted King Humanities the & Law of Journal Yale 25:181 [Vol. supra completely ignoring the back-and-forth between crown officials and members of the House. He He House. the of and members officials crown between back-and-forth the ignoring completely House the on assertiveness a rising marked episode this to which the extent misses therefore for its struggles over andwith affairs Charles James of state. (1926). Notestein (1926). Privy via exercised as Crown, the of power the overcome to unable were Wentworth and Strickland Councillors in the House, in matters such as religion, succession, etc. But Notestein overlooked the ways in which Parliament becoming something that can be talked about again. about talked be can that something becoming breach of privilege was powerful, even against the Monarch herself. herself. Monarch the against even was powerful, of privilege breach as of Commons House the viewed have historians many submissive, James I, and described Elizabeth as having having as Elizabeth described and I, James 33760-ylh_25-2 Sheet No. 10 Side B 07/10/2013 12:28:45 B 07/10/2013 10 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 11 Side A 07/10/2013 12:28:45 s ’ 92 89 note note AND I supra AND AND VI The King King The 7/5/2013 12:38 PM USTOM OF THE USTOM C 91 Thrush, AMES J note 43, at 147-48. 147-48. at 43, note ING ING he had no Purpose he had no Purpose AW AND AW AND determination, and and determination, “ L see also see ’ ,K supra , it did not stand with the the with stand not did it USSELL “ kept order. order. kept R HAFETZ it Goodwin, however, had been had been however, Goodwin, s maneuverings were designed to create a note 89,at 302-04 (laying out the House ’ 88 he was asserting that privilege that privilege asserting he was ONRAD ONRAD TUARTS REASTISE OF THE — S C supra , In Buckinghamshire, Sir Francis Sir Francis Buckinghamshire, In ,AT 93 R 87 , 2 (1952); at 1603-1660, inthe Goodwin-Fortescue controversy). James insisted that that insisted James ETYT ” see also :O ARLY s case P 94 ’ E TUARTS HE S T see also II. ARLY s] Privilege: But since they derived all Matters of of Matters all derived they since But Privilege: s] to the to the Lords. E s summons had forbidden the election of outlaws. of election the had forbidden summons s ’ ARLIAMENTARIA ” ’ In other words, he was attempting the same gambit gambit the same attempting was he words, other In P HE HE 28 (Richard Cust & Andrew Thrush eds., 2011) (noting the unusual unusual the (noting 2011) eds., Thrush Andrew & Cust 28 (Richard 95 299-301 (London, Goodwin 1690). 1690). Goodwin (London, 299-301 note43, at58-59; EX ” ,T L , supra note 89, at 304-05. at 304-05. 89, note at 306-07. 89, note . (1604) 151-52; , . (1604) 156. . (1604) 158. AVIES NGLAND ETYT D Fortescue, it should be noted, was a Privy Councillor, and and Councillor, a Privy was noted, be should it Fortescue, E P 90 OUR OUR OUR supra supra ARLIAMENTS J J J , , ITTKE controlled admission and in which in which and admission controlled P it W EORGE ODFREY ETYT ETYT NGLISH .See E The Commons then sought a meeting with James himself, and the King King the and himself, James with a meeting then sought Commons The And then the Stuarts came. came. Stuarts the then And In his very first parliamentary summons, in 1604, James I directed that that directed I James 1604, in summons, parliamentary first his very In 88.the On Goodwin-Fortescue controversy generally, see C 93. 1 H.C. 95. 1 H.C. 89. G 90. 1 H.C. 87. G 94. P 91 92. P IS M K HAFETZ ARLIAMENTS OF ARLIAMENTS depth of involvement of an inexperienced king inexperienced an of involvement of depth clash between Chancery and the Commons). Commons). the and Chancery between clash 67, at 304-06 (describing how Lord Chancellor Ellesmere Honour and Order of the House, to give Account of any of their of their of any Account give to House, of the and Order Honour Doings or Proceedings granted the Speaker an audience. the granted Speaker outlawed for personal debt, and the Crown thus directed that a new writ a new writ that directed thus Crown and the debt, personal for outlawed James as should issue, James seems to have taken a personal interest in his career. in his interest a personal taken have to seems James P H C Chafetz 2013] 195 space essential out carve to began House the privilege, parliamentary over in which Privilege from him, and by his Grant, he expected they should not be be should not they he expected Grant, his and by him, from Privilege him. against turned reasons). to impeach [the House [the to impeach “ he asked the Lords to look into the matter. The Lords resolved that that Lords resolved The into the matter. to look the Lords he asked have to gone the seat and should Fortescue, that disqualified was Goodwin reasons. their to explain the Commons with a conference sought and they was therefore naturally unsatisfied with the Commons the with unsatisfied naturally therefore was that Henry VIII tried in Ferrers A. Composition of the House House the of A. Composition any judge would which in Chancery, made be should returns election disputes. or qualification election The Commons declined, on the grounds that that the grounds on declined, Commons The The House of Commons, determining that outlawry in personal actions did did actions personal in that outlawry determining of Commons, The House Goodwin that resolved in Parliament, serve to a disqualification not create proceeded and Buckinghamshire from member elected rightfully the was him. to seat Goodwin had defeated Sir John Fortescue; John Sir had defeated Goodwin C Y 33760-ylh_25-2 Sheet No. 11 Side A 07/10/2013 12:28:45 A 07/10/2013 11 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 11 Side B 07/10/2013 12:28:45 M K s s ’ ’ C Y .J. see see See and and IST — ARLIEST 222-29 222-29 James James E Mature s claim s claim 98 ’ ad feminam , 18 H , 18 7/5/2013 12:38 PM EALMS R The House House The 99 text accompanying accompanying text ROM THE ” ,F see infra see because, if Chancery because, if Chancery LIZABETHAN LIZABETHAN NGLAND ” E E left the central issue of ultimate ultimate of issue central the left Moreover, at the King Moreover, “ Elections and thePrivileges of the 101 was not capable of not was in the case of the Norfolk election, election, Norfolk the of case in the reiterated the House reiterated Sex — ISTORY OF H ISCOURSE IN THE IN ISCOURSE Apology D , which , which s gender as a convenient excuse, as a s convenient gender ’ there was still no universally accepted precedent to guide guide to precedent accepted universally no still was there “ . The It did not bind, James asserted, because it it because asserted, James bind, not did It OLITICAL ARLIAMENTARY 96 Woman P P HE Finally, James proposed a compromise: neither neither a compromise: proposed James Finally, ,T 100 note 96, at 853. at 853. 96, note text accompanying notes 54-58, but also by the stridency of the House the of stridency the by also but 54-58, notes accompanying text and therefore that OBBETT ” 1803, at 1003 (London, Hansard 1806). 1806). Hansard (London, 1003 at 1803, Using Elizabeth Using note 89, at 309. at 309. 89, note . (1604)162-65. UEENSHIP AND UEENSHIP AND C supra 97 the free election of the country is taken away, and none shall shall and none away, is taken of the country election free the But the House wanted to ensure that its acceptance of the the of acceptance its that ensure to wanted House But the ” “ OUR ,Q EAR EAR . supra 102 Y , become the Case of the whole kingdom of the whole Case the become in the Time of a Time in the see supra supra see Hirst, “ ILLIAM at 168,171. “ EARS in the in Goodwin-Fortescue controversy. Derek Hirst, H.C. J language that went unrebutted by the Crown the by unrebutted went that language ” M ETYT Id. — the House of Commons is the sole proper Judge of the Return of all all of Return of the Judge sole proper the is of Commons House the .See “ text accompanying notes 59-68. Moreover, the fact that James resorted to an to resorted James that fact the Moreover, 59-68. notes accompanying text The House would not yield, with one member insisting that the issue the issue that insisting one member with not yield, would The House 98. argued, persuasively has Mears Natalie As unique. James make not does certainly This 101. 102 100. 1 96. Derek Hirst has insisted that the Elizabethan precedents 99. 1 W 97. P ATALIE HAFETZ ERIOD TO THE ERIOD House of Commons in the Early Seventeenth Century: Confrontation or Compromise? or Confrontation Century: Seventeenth Early the in of Commons House be chosen but such as shall please the king and council. and king the please as shall such but be chosen were to win, to win, were that that the parties the gendered attacks on Elizabeth, even during her life, were most often used, not as attacks on female female on attacks as not used, often most were life, her during even Elizabeth, on attacks gendered factors. in other rooted opposition for language as a convenient rather but as such, monarchy N suggestion, the House quietly admitted both Goodwin and Fortescue for for and Fortescue Goodwin both admitted quietly the House suggestion, seats. other was seeking to roll back the gains the House had made in the previous previous in the had made the House gains the to roll back seeking was century. had now drew up a petition setting out its reasons for accepting Goodwin as the the as Goodwin accepting for reasons out its setting petition drew up a jurisdiction exclusive its asserting as well as member, returned rightfully returns. election over jurisdiction undecided jurisdiction compromise could not be construed as acquiescence on the jurisdictional jurisdictional on the acquiescence as construed be not could compromise titled up a document drew which a committee, appointed therefore it point; Commons of House the of or Satisfaction an Apology of The Form Privileges Their Concerning P C 196 to Parliament allow to not the Crown, serve Parliament help to existed of the case from precedent, Elizabethan of the what Crown. And the resist the for stand to clearly seemed case that all, After election? the Norfolk Humanities the & Law of Journal Yale on word final the had the Crown, not and House, the that proposition 25:181 [Vol. composition. parliamentary 851, 852 (1975).Butthis conclusion seems unsupported, not only by the results of the 1581 controversy, Goodwin nor Fortescue would have the seat; instead, there would be yet be yet there would instead, seat; the have would nor Fortescue Goodwin seat. the Buckinghamshire for election another (2005). (2005). occurred occurred Deliberation supra language jurisdiction, parliamentary to acceded who Monarch the against argument note 97, suggeststhat he, at least, thought that the outcome of the Elizabethan cases was clear clearly bad.Contra Hirst,then, thebest interpretation is notthat the 1581 and1586 precedents were earlier an to return and precedents those overturn to attempting was James that rather but ambiguous, Parliament. and Crown between relationship the of understanding 33760-ylh_25-2 Sheet No. 11 Side B 07/10/2013 12:28:45 B 07/10/2013 11 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 12 Side A 07/10/2013 12:28:45 . at 103 See ” Id This This ” 104 ignores the the ignores freedom ” “ — 7/5/2013 12:38 PM The King The King URISDICTION OF URISDICTION OF the passion the passion J of s attempt to to s attempt “ ’ ” 108 ” like James The House replied The House replied — rumors of a Spanish of a Spanish rumors OWER AND 107 ” ,P — s reign. In 1620, James, in in James, 1620, In reign. s ’ acquaint that house with our our with house that acquaint s role was limited to sending to sending limited was s role s claims that Parliament exists exists Parliament that s claims “ ’ ’ NSTITUTION I and decrying RIGINAL RIGINAL — O s claims appear more novel than they really were. were. really they than novel more appear claims s ’ ancient and undoubted right and undoubted ancient the elaboration of clear constitutional conventions. constitutional clear of elaboration the HE “ “ s and James s and ’ ,T ALE The British Constitution cannot be distinguished from institutional institutional from distinguished be cannot Constitution British The “ H insisted, Chancery insisted, Against a Monarch who sought to roll back the back to roll sought who a Monarch Against note 99, at 1326-27. 106 105 ATTHEW ATTHEW ” supra s match with the daughter of Spain. of the daughter with s match note 96, at 853. Hirst then proceeds to insist that this passionate pushback was was pushback passionate this that insist to proceeds then Hirst 853. 96, at note Apology , ’ note 43, at 1 ( at 43, note note 32, at 194-96. as distinguished from from distinguished as ” supra supra 206, 216 (London, Tonson 1707). 1707). Tonson (London, 216 206, , supra OBBETT yet the same is done only for the Use of the Parliament. Use the the of for only is done same the yet , . at 1335. . “ s gains under the Tudors, the House pushed back, continuing to to continuing back, pushed House the Tudors, the under s gains political, ’ “ we cannot allow of the stile, calling it, your antient and undoubted antient undoubted and it, your calling the stile, of allow cannot we had that ye wished, have rather could but inheritance; and right said, that your privileges were derivedfrom the grace and give to pleased are we . yet . . us and ancestors our of permission ). What is most important about this interaction between Crown and Parliament is that each is is each that is Parliament and Crown between interaction this about important most is What ). .Id .Id HAFETZ ” C This clash of constitutional visions was even more apparent in an apparent more even was visions constitutional of clash This 108 107. 1 C 103. M in Reprinted 105. Hirst, 104 106.he but Goodwin-Fortescue, of discussion useful a has Cromartie ROMARTIE M K HAFETZ ARLIAMENTS of speech, jurisdiction, and just censure just censure of and the house. jurisdiction, of speech, pleasure, that none therein shall presume to meddle with any thing thing any with to meddle presume shall therein none that pleasure, of not to speak state, namely, of or mysteries our government concerning son our dearest with a petition appealing to its to appealing a petition with Match than it was in voting him supply. James immediately dashed off a off a dashed immediately supply. James him voting in it was than Match he that demanding the Speaker, to letter B. Contempt of Parliament and Breach of Privilege Privilege of and Breach Parliament of B. Contempt James the end of toward occurred that incident it in 1621, it assembled When a new Parliament. summoned funds, need of discussing in interested more was responded in kind, asserting that asserting in kind, responded 855. In the context of the customary, political English constitution, this distinction is hardly clear-cut. clear-cut. hardly is distinction this constitution, English political customary, the of context the In 855. See P C Chafetz 2013] 197 unto it. belong as Members all such of Election the and of Writs, such Tudor precedents, thereby making the House interpretations of it: the actual,current structure of institutionsis constitutive of the Constitution itself. desires. it that order constitutional the create to seeking and vision constitutional own its asserting C is the mirror image of Henry image mirror is the exist officers Crown that insisting is House here, the Crown; the to serve the most noted, has Hirst Derek As of Commons. House the to serve was incident Goodwin-Fortescue the of feature salient Council to the their resistance in members by displayed Goodwin. unseat House the of component independent and an essential as itself of a sense develop state. constitutional Moreover, the Moreover, the for them preserving and returns, the receiving election, of the writs out House, merely merely C Y 33760-ylh_25-2 Sheet No. 12 Side A 07/10/2013 12:28:45 A 07/10/2013 12 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 12 Side B 07/10/2013 12:28:45 M K s ’ C Y Doing No invalid, invalid, “ s response s response 7/5/2013 12:38 PM ’ In response, the the response, In only have need to to need have only “ 110 ” , 1621-1629, at 138-40 (1979) Joyce Lee Malcolm, The House The . 161, 176 (1999) (noting that the the that (noting (1999) 176 . 161, 114 TUD OLITICS P that is, to reassert its right to to right its reassert to is, that .S see also — containing [themselves] within within [themselves] containing RIT “ 113 B NGLISH NGLISH E , 38 J. imprisoned some of the parliamentary parliamentary of the some imprisoned 112 ” note 71, at 1100-12; 1100-12; 71, at note 109 Consider the proceedings against the Duke of of Duke the against proceedings the Consider meant, he clarified that they they that clarified he meant, ARLIAMENTS AND AND ARLIAMENTS 115 ” supra ,P s royal favorite, inthe second Parliament of his ’ USSELL Chafetz, R a language that derived directly from the privileges it had it had the privileges from directly derived that a language ONRAD ONRAD s Journal, tore out their protestation, declared it declared protestation, out their tore s Journal, — ’ s infringement of those rights as a breach of privilege or a or a of privilege as a breach rights of those s infringement James made clear what he thought of that: he sent for the the for he sent that: of thought he what clear made James C ’ . at 1366-71. . at 1366-71. . at 1362-63. . at 1362-63. . at 1361. . . at 1344. 111 he did, in the end, dissolve Parliament and imprison some imprison of some its and Parliament dissolve in the end, he did, s attempts to undermine those victories. those to undermine s attempts ’ you our royal assurance, that as long as you contain yourselves containyourselves you as long as that assurance, royal our you and maintain to careful be as will we duty, your of limits the within our of any ever as privileges, and liberties lawful your preserve were . . . . predecessors — .See .Id .Id .Id .Id .Id . generally See Again, we see a clash of constitutional visions: the House was was House the visions: of constitutional clash a see we Again, And, of course, these battles only intensified during the reign of James of reign the during intensified only battles these of course, And, 114 113 112 111 110 109 115 HAFETZ Commons entered a protestation in their Journal, reasserting that their their that reasserting Journal, their in a protestation entered Commons the against ran and,indeed, the Crown, of independent were privileges Crown. was to accuse James of breach of privilege of of breach James accuse to was this how Crown. Notice the as against even privileges, own its defend the House with began what years: eighty over evolved has power Ferrers George of release the securing in assistance royal declining at cross- work could actually the House by which into a language evolved upper the had still James course, sense, of some In Crown. to the purposes hand leaders. But it is clear that the House had found a language of of a language found had House the that clear is it But leaders. opposition the limits of [their] duty [their] of the limits In case there was any doubt about what what about doubt any was there case In crown. the of prerogative the upon trench to beware reasserting the rights that it had won under the Tudors in the face of of face in the Tudors the under won it had that the rights reasserting James contempt of Parliament. contempt won during the reigns of Henry VIII and Elizabeth. thatsaw he it clear made Charles reign, of his the beginning son. From worst. at and inconvenience an best, at tool his as Parliament of the language by framed increasingly were reactions Parliamentary the regarded it and rights, had it that asserted House the privilege: Monarch Commons language of breachparliamentary of privilege was used by the House of Commons againstCharles). Wrong: Law, Liberty, and the Constraint of Kings Constraint the and Liberty, Law, Wrong: annulled, void, and of no effect, and annulled, void, ringleaders (including Coke), sent others off to Ireland as royal royal as Ireland to off others sent Coke), (including ringleaders Parliament. dissolved and commissioners, (describing the constitutional stakes of this dispute for both James and the House). House). the and James both for dispute this of stakes constitutional the (describing C 198 Humanities the & Law of Journal Yale 25:181 [Vol. Buckingham, CharlesBuckingham, 33760-ylh_25-2 Sheet No. 12 Side B 07/10/2013 12:28:45 B 07/10/2013 12 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 13 Side A 07/10/2013 12:28:45 s s ’ ’ 118 ” s chief ’ It ought ought It . 347, 369-76 369-76 . 347, 7/5/2013 12:38 PM EV set aside all 121 ” .L.R INN Parliament, like other other like Parliament, , 95 M , 95 123 s government and on the special ire directed ’ A wise principal gives his subordinates . (1626) 619-26 (reprinting the articles of impeachment). impeachment). of articles the (reprinting 619-26 . (1626) undoubted right and usage . . . to question and and question to . . . usage and right undoubted s role in Charles Impeachment and and Assassination Impeachment “ ’ Charles, enraged, dissolved the Parliament, the Parliament, dissolved enraged, Charles, OUR J 119 122 note 99, at 49-50. 49-50. 99, at note 193-200. at 99, note It then, in direct contravention of Charles contravention in direct then, It 3 H.L. cease this unparliamentary inquisition, unparliamentary this cease “ 120 The House continued its investigation into Buckingham Buckingham into investigation its continued House The ” supra supra , , 117 see also see ” OBBETT OBBETT I must let you know, that I will not allow any of my servants to to servants of my any allow not will that I know, let you must I . at 79; . at 79; . at 58. . at 58. . at 69. . at 69. . at 57. . at 57. . at 56. . at 56. “ The House (and, indeed, much of the nation) held Buckingham held Buckingham nation) of the much indeed, The (and, House 116 by no means suffer [royal prerogative] to be violated by any any by be violated to prerogative] [royal suffer no means by doth maj. his wherein liberty; of parliamentary colour pretended to ought therefore is council, and his parliament the that not forget the understands his maj. but of a council; the liberty have and liberty and between and controlling, council betwixt difference the of liberty. abuse .Id .Id .Id .Id .Id This, of course, was a vicious cycle. of Parliament vicious One a course, was of This, Such a claim might once have cowed the Commons, but the post-Tudor post-Tudor the but Commons, the cowed have once might claim Such a 122 121 120 119 118 123. 2 C 116. Buckingham on more For 117. 2 C M K they had presented their grievances, and received his answer to them. to answer his received and grievances, their had presented they HAFETZ complain of all persons, of what degree soever, found grievous to the to the grievous found soever, degree of what persons, of all complain common-wealth. commandment to to commandment grievances against Charles was his reliance on unconstitutional on unconstitutional reliance his was Charles against grievances other business to focus on preparing articles of impeachment against the the against impeachment of articles preparing on focus to business other Duke of Buckingham. and adopted a report proposing to grant supply to the Crown as soon as as soon as Crown the to supply grant to proposing report a and adopted “ responsible for any number of state miscues, from military defeats in in defeats military from miscues, of state number any for responsible state finances. of to the Charles royal When Spain and disastrous France its addressed had he until supply him to grant refused Parliament second angrily the King of Buckingham, power growing the including grievances, replied, be questioned amongst you, much less such as are of eminent place, and and place, eminent of as are less such much you, amongst be questioned me. unto near C Chafetz 2013] 199 reign. (2010). (2010). toward the Duke, see Josh Chafetz, to have “the liberty of a council.” liberty “the to have a is him. But there better serve may they that so liberties certain controlling”— and council betwixt “difference an in not principal, its of service in the liberties its use must subordinates, principal. its over power to assert attempt It identity. institutional own its of sense a much-expanded had House its asserting by responded In response, Charles sent his Lord Keeper to insist that he would he would that insist to Keeper Lord his sent Charles response, In council. Charles’s is Parliament here: language the carefully Note without having received the funds he sought. funds the received having without C Y 33760-ylh_25-2 Sheet No. 13 Side A 07/10/2013 12:28:45 A 07/10/2013 13 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 13 Side B 07/10/2013 12:28:45 M K C Y 131 124 — the the ” supra — 126 Charles 125 7/5/2013 12:38 PM 129 Whosoever Whosoever “ a breach of the the of a breach “ In the course of the course of In mere months after after months mere 128 Charles suggested suggested Charles note 116, at 369-83. — 127 John Felton, Popular Political supra note 43, at 73-74; Chafetz, . J.(2006). 357 IST obviously fed up with the the with fed up obviously The House passed this this passed House The supra 132 130 , ” , 49 H or, indeed, even listen to listen even indeed, or, — HAFETZ s debts were a consequence of his own decisions to undertake undertake to decisions own his of a consequence were debts s ’ note 71, at 1100-16; Chafetz, Chafetz, 1100-16; at 71, note s third Parliament, in 1629 in Parliament, s third ’ s only option was to rely yet more on prerogative prerogative on more yet to rely was option s only note 40, at 161-84. To my mind, however, Russell improperly improperly Russell however, mind, my To 161-84. at 40, note ’ supra that is, taxation not authorized by Parliament. by authorized not taxation is, that note 116, at 374-76; Thomas Cogswell, Cogswell, Thomas 374-76; at 116, note note 99, at 490. For the rather dramatic story of the passage of this this of passage the of story dramatic rather the For 490. at 99, note note 71, at 1109 (quoting Sir Robert Philips and John Selden). Selden). John and Philips Robert Sir (quoting 1109 at 71, note — note 99, at 437. note 99, at 491. supra , s Bench on charges of sedition and assault (for holding holding (for assault and sedition of charges on s Bench supra supra Chafetz, supra ’ supra supra , , , USSELL s problems might disappear if the House simply authorized him him authorized simply the House if disappear might s problems OBBETT ’ OBBETT OBBETT Chafetz, Chafetz, . at 443. . at 443. . at 492. s more, he had the parliamentary ringleaders arrested and tried tried and arrested ringleaders parliamentary the had he more, s ’ .See .Id .Id .See . generally See In the midst of Charles the midst In 130. 2 C 125. the about in bringing role its and finances royal of failure the of discussion an excellent For 129 128 132 126 124 131. 2 C 127. 2 C HAFETZ Civil War, see R see War, Civil minimizes the extent to which Charles ill-advised military campaignsat the beginning of his reign. shall counsel, or advise, the taking and levying of the subsidies of of subsidies of the levying and taking the advise, or counsel, shall an be shall or Parliament; by granted being not Poundage, and Tunnage the in innovator an reputed . be . . shall therein, instrument or actor and commonwealth. kingdom to this enemy a capital and government, that Rolle that invitation. this declined the House duties; the to collect Culture, and the Assassination of the Duke of Buckingham Duke the of the Assassination and Culture, complaints over unconstitutional taxation came to a head. John Rolle, a a to a head. Rolle, John came taxation unconstitutional over complaints duties the customs to pay had refused House, of the and member merchant they that grounds on the goods, on his levied poundage and of tonnage them. authorized not had Parliament as illegal, were note 71, at 1110-11. Buckingham had been assassinated by a disgruntled army army veteran a disgruntled by had been assassinated Buckingham remonstrance and the subsequent resolutions, see C see resolutions, subsequent the and remonstrance C 200 taxation prerogative Humanities the & Law of Journal Yale 25:181 [Vol. institution, he proceeded to govern without it for the next eleven years. years. eleven next the for it without govern to proceeded he institution, What the King before debating the issue, members of the House explicitly used the language of of used the language explicitly of the House members the issue, debating actions. to royal refer to of privilege and breach contempt promptly ordered the Speaker to adjourn the House; to prevent this, this, to prevent the House; to adjourn ordered the Speaker promptly held the Speaker in his chair physically leaders of the opposition several of the collection that asserting remonstrance a presented another while was consent parliamentary and poundage without tonnage kingdom. this of liberties fundamental remonstrance, and followed it with a resolution declaring that declaring a resolution it with followed and remonstrance, Charles dissolved Parliament the the next day; Parliament dissolved Charles When Charles refused to redress refused When Charles the supply. Given him vote to refused the House grievances, parliamentary in charting were Buckingham and Charles that course expensive ruinously King the affairs, foreign grievance. parliamentary of intensity the increasing thus taxation, 33760-ylh_25-2 Sheet No. 13 Side B 07/10/2013 12:28:45 B 07/10/2013 13 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 14 Side A 07/10/2013 12:28:45 — HE ,T NGLISH NGLISH E EIR and it, it, and K 138 S ’ s need for for s need would breach breach would 7/5/2013 12:38 PM ’ ” note 40, at 23. 390-91 (11th ed. ed. (11th 390-91 But he could INDSAY INDSAY s order to remain at ’ ” L IME supra The House was was House The T , ANGMEAD text accompanying note note accompanying text 136 -L AVID . (1642) 508.Russell refers s last, was every bit bit every was s last, ’ USSELL RESENT OUR J P R see supra see ASWELL ” Breach of Privilege of this of this of Privilege Breach 140 “ ,T Charles ” This Parliament would grow grow would Parliament This Short Parliament. Short 139 “ 1485,210 at (9th 1966) ed. (same). ONQUEST TO THE LUCKNETT INCE C Wars in Scotland, Charles Scotland, in Wars S ’ s order to the Speaker to adjourn the the adjourn to Speaker the to s order diminished majesty. diminished ’ “ . at 203. . at 203. s ’ note 136, at 393-406. It is worth noting that, by 1642, the the 1642, by that, noting worth is It 393-406. at 136, note F.T. P id RITAIN RITAIN EUTONIC B both the ones they already had in 1629 and and 1629 had in already they ones the both In their defense, the members argued that that argued the members defense, their In T supra — 133 Long Parliament, Long , . at 12. 12. . at “ ODERN id M HEODORE order to attend upon the House. 4 H.L. House. the upon attend to order until Satisfaction be given to both Houses of Parliament of Houses both to given be Satisfaction until ’ note 71, at 1112-13. “ . (1641) 200-01; T LUCKNETT essentially insisting that the Crown had breached had the Crown breached that insisting essentially P supra . (1642)719. . (1640) 7; OUR 134 J ISTORY FROM THE FROM ISTORY ISTORY OF H H OUR OUR J J 135 Charles dissolved this Parliament a mere three weeks after it it after three weeks a mere this Parliament dissolved Charles 2 H.C. Chafetz, R. v. Elliot, Hollis & Valentine, 3 How. St. Tr. 294 (K.B. 1629). 1629). (K.B. 294 Tr. St. 3 How. Valentine, & Hollis Elliot, R. v. s summoning of them from away Parliament and hisdismissal of them when they refused ’ . at 310. . at 295-300. . at 295-300. 137 ” .See .See .See . See generally .Id .Id . generally See the Lords held the Lieutenant of the Tower in contempt for obeying the King the obeying for in contempt Tower the of Lieutenant the held Lords the When, as a result of the Bishops the of result a as When, 139 138 133 136 135 134 137. 2 H.C. 140 — ONSTITUTIONAL ONSTITUTIONAL ONSTITUTIONAL M K HAFETZ as intent on vindicating its privileges as its predecessor had been, had predecessor its as privileges its on vindicating intent as privilege. 4 H.L. privilege. not so easily dissolve his debts; within months, he was forced to call to call forced was he months, within debts; his dissolve not so easily The Parliament. another the ones they had accumulated in the intervening years. intervening the in accumulated had they ones the funds became truly desperate in 1640, he called a new Parliament. But the the But Parliament. a new called he 1640, in desperate truly became funds institutional a long had Assembled Parliament in of England Commons Charles until about funds do nothing The would House memory. grievances their addressed hispost rather thanthe Lords 12 Parliament had exclusive jurisdiction over matters occurring on the floor on the floor occurring matters over jurisdiction had exclusive Parliament House, of the to this incident as an example of Charles Likewise, in April of that year, when Charles dismissed the Lord Chamberlain (Essex) and Groom (Essex) the Chamberlain Lord the dismissed Charles when that year, of in April Likewise, of the Stool (Holland) for refusing to attend uponhim at York, the andLords Commons both resolved Charles that to come wereboth breaches of parliamentary privilege. Moreover, they resolved that anyone who offices vacant the accepted confrontational attitude was no longer limited to the House of Commons. On January 12 of that year that 12 of January Commons. On of House the to limited longer no was attitude confrontational the same day thatthe Commons resolved that anyone who arrested a member by authority of a royal Parliament, of privileges the of a breach of guilty was alone warrant 1960) (enumerating the grievances that the House wanted addressed); D addressed); wanted House the that grievances the (enumerating 1960) too, was especially upset about the punishment of members in the courts in the courts of members punishment the about upset especially too, was House. the in taken actions for of law parliamentary privilege in haling them before the court. The judges did not not judges did The the court. them before in haling privilege parliamentary and were convicted the and members defense, the jurisdictional buy imprisoned. C C C Chafetz 2013] 201 in his chair). the Speaker House. House and the prosecution and conviction of its members for resisting that that resisting for members its of and conviction prosecution the and House was a over and over it asserted which order, especially enraged about Charles about enraged especially assembled; it is known to history as the the as history to known is it assembled; increasingly confrontational over the next year. next the over confrontational increasingly C Y 33760-ylh_25-2 Sheet No. 14 Side A 07/10/2013 12:28:45 A 07/10/2013 14 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 14 Side B 07/10/2013 12:28:45 M K s s ’ ’ C Y that is, to to is, that 7/5/2013 12:38 PM — must be the one to to one be the must it s conclusion that a number of ’ rely on any other. It was Perhaps now we are a bit are a bit we now Perhaps — The House itself took over over took itself The House 141 he could not will the House will he could not Try as James might to dismiss to dismiss might James as Try ” 142 back to the Grand Remonstrance, back to to back Remonstrance, Grand the to back seriously under-estimated the degree of continuity in the in the continuity of degree the under-estimated seriously its authority over its own composition, its its composition, own its over authority its “ ONCLUSION — C — s release, it insisted that that insisted it release, s ’ and, indeed, refused to refused and, indeed, — the Time of a Woman, the Time note 42, at 167. Victories, cast as precedents, are analytically, emotively, and “ text accompanying notes 1-12. 1-12. notes accompanying text supra s own privileges s own , ’ s subordination to the Crown. As long as Parliament long the Crown. to As s subordination ’ TONE S ” .See supra .See When the House of Commons refused to accept royal assistance in in assistance royal to accept refused Commons of House the When And this brings us full circle What emerged in this period was a House of Commons that was that was of Commons a House was period in this emerged What But in the late Tudor moment, from the 1540s through the end of the end of the 1540s through from Tudor moment, late But in the 141 142. Stone Lawrence with agree much very I regard, this In HAFETZ newfound self-conception into oblivion. into oblivion. newfound self-conception Ferrers George securing vindicate its own rights. Contempt of Parliament is an offense against against offense an is Parliament of Contempt rights. own its vindicate it. issue, The to remedy jurisdiction alone has and Parliament Parliament, few and a creditor, a private Ferrers, about George merely it was when precedents from from precedents rhetorically powerful. C 202 Humanities the & Law of Journal Yale 25:181 [Vol. better positioned to understand how these events came to be came events these how to understand better positioned revisionisthistorians of the Civil have War previous to back harping constant the by proven as crisis, to crisis from struggle constitutional episodes. these functions, and it did so consciously. Assuming these functions functions these Assuming so consciously. did it and functions, these to provoke willing were That they the Crown. with clashing necessitated to assigned the Commons importance the indicates way this in the Crown the of confronting act very the Moreover, functions. these of control positions. its for reasons articulating begin to the House required Crown a right, own in its a power as itself a sense of and articulating developing not that need power understand what allowed the House of Commons to take the lead in in the lead to take Commons of the House allowed what understand Tudor the half of the second in Parliament War. Civil the initiating as such recognized been not always have They strides. great made dynasty succession, religion, affairs, foreign not with dealt they for historians, by matters procedural and prosaic the more with rather but taxation, or even of the House had of speech.These freedom its contempt power, the to use ability of consequence a natural officers, Crown by with dealt been theretofore Parliament then of authority, royal to subordinated wholly was authority institutional judgment. And royal for a matter be would in Parliament sat who course punished and understood be would the House against contempts of course governance. royal of functioning normal the with as interferences occurred. shift significant a reign, Elizabeth’s the development of this constitutional self-image, and its supporting supporting and its self-image, constitutional of this the development to the House back push allowed that Tudor the period in late arguments, at retrenchment. attempts Stuart against the accusation of treason, back to Charles barging into the House, and and House, the into barging Charles to back treason, of the accusation London. from driven being to Charles back 33760-ylh_25-2 Sheet No. 14 Side B 07/10/2013 12:28:45 B 07/10/2013 14 Side Sheet No. 33760-ylh_25-2 33760-ylh_25-2 Sheet No. 15 Side A 07/10/2013 12:28:45 s ’ note note supra , opened up up opened 7/5/2013 12:38 PM OLITICAL AND P — ROMARTIE thus continue to to thus continue C ” OLONIAL See See C with its checks on on checks its with 145 SSAYS IN SSAYS :E that Cromartie identifies in the Stuart House House Stuart the in identifies Cromartie that ” opposition that was enabled by the the by enabled was that opposition in the tradition of parliamentary of parliamentary tradition the in 144 ” UTHORITIES A in the Time of a Woman of Time in the “ note116, at367-88 (noting the importance of the example of EGOTIATED supra ,N s son, James II, pushed too far in that direction, he too too he direction, that in far pushed too II, James son, s deeply rooted deeply 189-90 (1994). (1994). 189-90 ’ “ REENE new modes of parliamentary action parliamentary of modes new ISTORY “ Soon it became possible to think of holding royal officials officials royal of holding think to possible became Soon it , Chafetz, H P. G 143 its winning of exclusive jurisdiction over contempt over jurisdiction of exclusive winning its ACK — .See, e.g. .See, This parliamentary mobilization against the King would have significant significant have would King the against mobilization parliamentary This 143. the Thus 145 144. J ONSTITUTIONAL ONSTITUTIONAL M K HAFETZ of Commons are, in fact,deeply rooted in the Tudor House of Commons. procedural developments discussed in this Article. This opposition was was opposition Article. This in this discussed developments procedural as they Americans independent of the newly the minds in also foremost Constitution, national their ratified and drafted Charles I in the debates over making the American president subject to impeachment). impeachment). to subject president American the making over debates in the I Charles C victory new vistas. C Chafetz 2013] 203 the Commons But controversy. a low-stakes like jailers, seems London themselves in contempt. Indeed, it became possible to conceive of a a of to conceive possible it became Indeed, contempt. in themselves discovered I Charles that a fact himself, King the by committed contempt 4, 1642. on January of Commons House the into he barged after shortly the after England, even and beyond. In in England both consequences, older its to return to unwilling be would Parliament Restoration, royal Charles When role. was deprived of his throne. And in America, the historic struggles between between struggles historic the in America, And throne. of his deprived was rebellious of the thinking in the role a major played and Parliament Crown colonial of behavior oppositional has noted, Greene Jack As colonists. was legislatures opposition to the Stuart monarchs, Stuart to the opposition executive behavior and explicit protectionsfor legislative privileges. won victories Parliamentary have important ramifications today. today. ramifications important have 32, at 190-94. 190-94. at 32, C Y 33760-ylh_25-2 Sheet No. 15 Side A 07/10/2013 12:28:45 A 07/10/2013 15 Side Sheet No. 33760-ylh_25-2