The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell — David Hume — John Shaqi
The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
The prudence of the king, in his conduct of this affair, nobody
pretended to justify. The legality of his proceedings met with many and
just apologies, though generally offered to unwilling ears. No maxim of
law, it was said, is more established, or more universally allowed, than
that privilege of parliament extends not to treason, felony, or breach
of peace; nor has either house, during former ages, ever pretended, in
any of those cases, to interpose in behalf of its members. Though some
inconveniencies should result from the observance of this maxim, that
would not be sufficient, without other authority, to abolish a principle
established by uninterrupted precedent, and founded on the tacit consent
of the whole legislature. But what are the inconveniencies so much
dreaded? The king, on pretence of treason, may seize any members of the
opposite faction, and for a time gain to his partisans the majority of
voices. But if he seize only a few, will he not lose more friends by
such a gross artifice than he confines enemies? If he seize a great
number, is not this expedient force, open and barefaced? And what remedy
at all times against such force, but to oppose to it a force which is
superior? Even allowing that the king intended to employ violence,
not authority, for seizing the members; though at that time, and ever
afterwards, he positively asserted the contrary; yet will his conduct
admit of excuse. That the hall where the parliament assembles is an
inviolable sanctuary, was never yet pretended. And if the commons
complain of the affront offered them, by an attempt to arrest their
members in their very presence, the blame must lie entirely on
themselves! who had formerly refused compliance with the king's message,
when he peaceably demanded these members. The sovereign is the great
executor of the laws; and his presence was here legally employed, both
in order to prevent opposition, and to protect the house against those
insults which their disobedience had so well merited.