A history of England principally in the seventeenth century, Volume 1 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 1 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
In the midst of the general ferment how necessary had a strong and
resolute hand become! But Richard's government had shown itself
somewhat weak; by many it was suspected of having meant to turn the
disturbances to its own advantage. The commons, who mainly represented
the lower gentry and the upper citizens, abandoned him, and attached
themselves to the nobles, just as these revived their old jealousy
against the crown. For the almost inevitable result of success in
suppressing a popular agitation is to heighten the self-confidence of
an aristocracy. Impatient at being excluded from all share in the
government, and strengthened in his ambition by the military disasters
of the last years, the youngest of Richard's uncles, Thomas of
Gloucester, put himself at the head of the grandees, whose plans the
commons, instead of opposing, now on the contrary adopted as their
own. The great questions arose, which have so often since then
convulsed the European world, as to the relation of a Parliamentary
assembly to the Monarchy, and their respective rights.
The first demand of the English Parliament was that the ministers of
State should be named by it, or at least should be responsible to it.
Much as this demand itself implies, yet even more extensive views were
behind. The Peers told the King plainly that if he would not rule
according to the common law and with their advice, it was competent
for them to depose him, with consent of the people, and to raise
another of the royal house to the throne;[59] they threatened him
openly with the fate of Edward II.
Richard could do nothing but submit. Eleven lords were appointed to
restore order in the country; Richard had to swear to carry out all
they should ordain (November 1386). There remained but one way by
which to oppose this open violence: the King collected the chief
judges at Nottingham, and laid the question before them, whether the
Commission now forced upon him did not contravene the royal power and
his prerogative. The judges were far from so interpreting the
Constitution of England as to allow that the King is unconditionally
bound by the commands of Parliament. They affirmed under their hand
and seal that the appointment of that Commission against the King's
will contravened his legal prerogative; those by whom he had been
forced to accept it, and who had revived the recollection of the
statute against Edward II, they declared to be guilty of high treason.
But Parliament itself saw in this sentence not a judgment but an
intolerable outrage. At its next sitting it summoned the judges before
its tribunal, and in its turn declared them to be themselves guilty of
high treason. Chief Justice Tresilian died a shameful death at Tyburn.
The King lived to find yet harsher laws laid upon him: his uncle
Gloucester was more powerful than he was himself.
Public-domain text, read in full here on John Shaqi.
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