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
will leave the prisoner immediately to be tried according to the common
law of the land."[**]
* Whitlocke, p. 10.
** State Trials, vol. vii. p. 187. Rushworth, vol. i. p.
548.
Archbishop Abbot was employed by the lords to recommend, in a
conference, this plan of a petition to the house of commons. The
prelate, as was no doubt foreseen, from his known principles, was not
extremely urgent in his applications; and the lower house was fully
convinced that the general declarations signified nothing, and that
the latter clause left their liberties rather in a worse condition than
before. They proceeded, therefore, with great zeal, in framing, the
model of a petition which should contain expressions more precise, and
more favorable to public freedom.
The king could easily see the consequence of these proceedings. Though
he had offered, at the beginning of the session, to give his consent to
any law for the security of the rights and liberties of the people, he
had not expected that such inroads would be made on his prerogative. In
order, therefore, to divert the commons from their intention, he sent
a message, wherein he acknowledged past errors, and promised that
hereafter there should be no just cause of complaint. And he added,
"That the affairs of the kingdom press him so, that he could not
continue the session above a week or two longer: and if the house be not
ready by that time to do what is fit for themselves, it shall be their
own fault."[*] On a subsequent occasion, he asked them, "Why demand
explanations, if you doubt not the performance of the statutes according
to their true meaning? Explanations will hazard an encroachment upon the
prerogative; and it may well be said, What need a new law to confirm an
old, if you repose confidence in the declarations which his majesty
made to both houses?"[**] The truth is, the Great Charter and the old
statutes were sufficiently clear in favor of personal liberty: but as
all kings of England had ever, in cases of necessity or expediency, been
accustomed at intervals to elude them; and as Charles, in a complication
of instances, had lately violated them; the commons judged it requisite
to enact a new law, which might not be eluded or violated by any
interpretation, construction, or contrary precedent. Nor was it
sufficient, they thought, that the king promised to return into the way
of his predecessors. His predecessors in all times had enjoyed too much
discretionary power; and by his recent abuse of it, the whole world had
reason to see the necessity of entirely retrenching it.