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
rendered to the King, the kingdom, and Parliament--for so
long as it was in any way feasible they observed forms.
The sitting of the 10th was the first in which the five
members again took part: we see what an importance its
conclusions had. Nor were they contented with this alliance
between Parliament and the city: they accepted an offer
made by Hampden in the name of some thousands of his
Buckinghamshire constituents, to live and die in defence
of the rights of the Lower House. Thus completely did the
impeachment of the five members, in which Charles I thought
to find deliverance and safety, and his attempt to seize
them, result in his discomfiture.
The King held his conduct to be valid and lawful:
Parliament declared it in the highest degree unlawful, both
the scheme itself and every separate step. We will not
undertake to decide this controversy, but we may remark
that it touched the very core of the pending questions. All
the claims of the Lower House depended on its representing
the commons of the country. As the individuality of the
members would be shown in the discharge of this high duty,
so it was protected by the very idea. The House which
for ages has maintained a certain jurisdiction for the
preservation of internal order, is alone possessed of
the right to judge of the misdeeds of its members within
its precincts, or even of the charges which are brought
against them. Without this an external power would be able
to interfere with the conditions of its internal action,
or directly to disperse it by repeated accusations and
arrests. The assembly forms a moral person, which alone
acts, so long as it is in session: only if it assents [A.D. 1642.]
and surrenders its members, can they be brought to justice.
On this foundation depend its privileges: the members are
thereby raised personally above their natural position as
subjects.
On the other hand the King maintained that the entire
supreme power, and the care for the general interests, were
entrusted to his hands. In cases which implied a danger to
the whole state, he would on no account abandon the right
of arrest in order to prevent such dangers. Every day’s
experience showed that this power was exercised in the
great neighbouring monarchies without any reserve whatever,
and powerfully contributed to their strength and stability.
Now, as before, Charles I regarded members of Parliament
merely as his subjects, and would exercise the inherent
rights of his office against them as well as others. What
he now treated as a crime in them was the attitude of
political hostility which they maintained; he thought to
be able to punish it as treason against the crown. The
Parliament on the contrary saw in every infringement of
their inviolability an attack on the institutions of the
country: to have taken part in them it declared to be
treason[311].
Public-domain text, read in full here on John Shaqi.
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