A history of England principally in the seventeenth century, Volume 2 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 2 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
On Monday, the 12th, the debate on the second reading of
the bill came on in the Lower House. On that occasion the
initiative was taken by members of republican sentiments,
like Haslerig and Martin. Neither Pym nor Hampden, the
leaders hitherto, were as yet for this course; they were
unwilling to break with the Upper House, which was very
much irritated, and still trusted to its proving pliable.
A final conclusion was not reached on this occasion. The
second reading was agreed to, and took place at the next
sitting two days later: but after further long and close
debate it was resolved that the House, as committee, should
be present to hear the arguments of Strafford’s counsel
with respect to the applicability of the existing laws to
his case.
These were delivered on April 17. Attorney-General Lane
argued that the Statute of Edward III, by which all the
cases that can be treated as high treason are defined,
was not applicable to the present case, either in itself
or constructively. The Commons had chiefly relied on
the proviso appended to the statute, according to which
everything which Parliament might hereafter pronounce to
be treason was punishable as such. The Attorney-General
pointed out that this definition, after having entailed
very opposite consequences through changes of parliamentary
faction, had been altogether repealed in the first year of
Henry IV, every one having felt that it was like a sword
hanging over his head. This last argument appeared to the
Lords conclusive: they decided that they had no right
whatever to go beyond the letter of the Statute of Edward
III.
Public-domain text, read in full here on John Shaqi.
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