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 January 3, 1642, the Attorney-General, by special
command of the King, laid the impeachment before the
Lords, where it was received with astonishment. The arrest
even of the member of their own House was not ordered,
nor even notice of motion given. But just as if all had
been fully completed, royal officers immediately repaired
to the houses of the accused members of the Lower House
to seal up their papers. The Commons were in the act of
taking counsel for the indispensable security of the great
council of the nation, when the news of this measure
arrived. They declared it a breach of their privileges,
especially as there had not even been notice given them [A.D. 1642.]
of the impeachment, and called on the Upper House for
joint resistance: just then appeared the King’s serjeant to
require the surrender of the five members. The Commons had
no intention of giving way to this demand, but could not at
the moment pronounce a definite refusal. The House pledged
itself that the members should at all times be ready to
answer any lawful impeachment which should be brought
against them, but at the same time reserved the power of
representing to the King by a deputation, that this matter
touched the privileges of Parliament, and concerned the
whole Commons of the realm.
The five members were not arrested, and the seals which had
been affixed to their dwellings were removed by an order of
the Lower House, in which the Lords concurred.
In earlier times kings had arrested without difficulty
members who had opposed them. Charles I had surrendered
this power when he accepted the Petition of Right: but we
may remember that the lawyers had then secretly assured
him that it would always remain to him in case of need.
Besides, in cases of treason, privileges counted for
nothing. Always inclined to interfere in person, the King
determined to go himself to the Lower House, and obtain
the surrender of the accused, which had been denied to
his officers. It is asserted that he took counsel on the
question with members of the Privy Council who also had
seats in Parliament, and that his intention was approved by
them[303].
Public-domain text, read in full here on John Shaqi.
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