View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
Before the dissolution of parliament Richard made a verbal protestation
that nothing done therein should be in prejudice of his rights; a
reservation not unusual when any remarkable concession was made, but
which could not decently be interpreted, whatever he might mean, as a
dissent from the statute, just passed. Some months had intervened when
the king, who had already released Suffolk from prison and restored him
to his favour, procured from the judges, whom he had summoned to
Nottingham, a most convenient set of answers to questions concerning the
late proceedings in parliament. Tresilian and Belknap, chief justices of
the King's Bench and Common Pleas, with several other judges, gave it
under their seals that the late statute and commission were derogatory
to the prerogative; that all who procured it to be passed, or persuaded
or compelled the king to consent to it, were guilty of treason; that the
king's business must be proceeded upon before any other in parliament;
that he may put an end to the session at his pleasure; that his
ministers cannot be impeached without his consent; that any members of
parliament contravening the three last articles incur the penalties of
treason, and especially he who moved for the sentence of deposition
against Edward II. to be read; and that the judgment against the earl of
Suffolk might be revoked as altogether erroneous.
[Sidenote: Subsequent revolution.]
These answers, perhaps extorted by menaces, as all the judges, except
Tresilian, protested before the next parliament, were for the most part
servile and unconstitutional. The indignation which they excited, and
the measures successfully taken to withstand the king's designs, belong
to general history; but I shall pass slightly over that season of
turbulence, which afforded no legitimate precedent, to our
constitutional annals. Of the five lords appellants, as they were
called, Gloucester, Derby, Nottingham, Warwick, and Arundel, the three
former, at least, have little claim to our esteem; but in every age it
is the sophism of malignant and peevish men to traduce the cause of
freedom itself, on account of the interested motives by which its
ostensible advocates have frequently been actuated. The parliament, who
had the country thoroughly with them, acted no doubt honestly, but with
an inattention to the rules of law, culpable indeed, yet from which the
most civilized of their successors, in the heat of passion and triumph,
have scarcely been exempt. Whether all with whom they dealt severely,
some of them apparently of good previous reputation, merited such
punishment, is more than, upon uncertain evidence, a modern writer can
profess to decide.[162]
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