The bishops adopted their course, a strange and frivolous one in so grave a situation; they resolved to absent themselves, while protesting by anticipation against all bills which might be adopted during their retirement, as not being invested with the necessary assent of all the members of Parliament. This declaration, signed by twelve bishops, being communicated to the king, was approved by him; he seized it as a pretext which might one day permit him to annul the acts of the indomitable Parliament against which he was struggling without success. He did not speak of the matter to his new councillors; but, on the same day, the keeper of the great seal carried, by his orders, the protest of the bishops to the Upper House, who sent it immediately to the Commons.
The surprise of the Lords and the anger of the Commons were great, and the popular leaders immediately contrived to find therein a new weapon. The impeachment of the bishops was suddenly proposed and resolved upon; they had designed to determine the fate of Parliament itself, and to destroy it by separating themselves from its debates; they were conducted to the Tower, upon the vote of the Upper House, which received the indictment of the Commons. The point was urged further. The king had taken the government of the Tower from Sir William Balfour, to entrust it to a cavalier. Sir Thomas Lunsford, a man little esteemed and very violent. The nomination of a new governor was demanded. Lord Digby, formerly animated with a patriotic zeal but now become the most intimate confidant of the king, was denounced for having said that Parliament was not free. The Commons again claimed their right to have a guard.
Charles did not lose his temper at so many proofs of growing distrust; he nominated as governor of the Tower, Sir John Byron, a man esteemed by all, and he replied to the inquiries of the House: "We do engage to you solemnly on the word of a king, that the security of all and every one of you from violence is and ever shall be with as much our care as the preservation of ourselves and our children," but he refused the guard. The House caused the militia of London to be mustered, and bodies of troops were placed in different parts of the city.
The instinct of the popular leaders had not deceived them concerning the apparent moderation of the king. On the same day, the 3rd of January, 1642, Sir Edward Herbert, the attorney-general of the crown, appeared in the House of Lords, and there, in the name of the king, charged with high treason, Lord Kimbolton and Messrs. Hampden, Pym, Hollis, Strode, and Haslerig, all five members of the House of Commons, for having attempted to destroy the fundamental laws of the kingdom, to deprive the king of his legal power, and to provoke war against him. Such was the substance of the accusations unfolded at length. Sir Edward Herbert demanded at the same time that the House should secure the accused.
Lord Kimbolton rose. "I am ready," he said, "to obey all the orders of the House; but, since my accusation is public, I demand that my justification may be public also." Silence reigned in the Hall, nobody spoke. Lord Digby leaned towards Lord Kimbolton. "How deplorably," he said, "the king is advised. I shall be very unfortunate if I do not learn whence this comes." He left as if to hasten after news. The advice had emanated from him.
A message from the Lords immediately warned the Commons. The servants of the five accused members hastened at the same time to give notice that the king's men were affixing seals to the locks at their residences. While the Lower House was asking for conference with the Lords, a herald at arms entered the Hall. "In the name of the king, my master," he said, "I come to request the speaker to consign into my hands the five gentlemen, members of the House, whom his Majesty has commanded me to arrest for high treason." None stirred, the accused members remained in their places. The speaker enjoined the herald to withdraw, and a committee nominated without opposition repaired to the palace of the king to say that to so grave a message the House could only reply after mature examination. Two ministers. Lord Falkland and Sir John Colepepper, formed part of the deputation. They had known nothing of the projects of the king. The Lords joined with the Commons in demanding a guard for Parliament. "I will reply to-morrow," the king said in his turn.
On the morrow, the House opened its sitting at one o'clock. The five members arrived among the first; they preserved silence, being fully informed of what was being prepared; they were surrounded; they were questioned. The agitation was at its height when there was a rush to announce that the king, accompanied by a retinue of four hundred cavaliers, all armed, had arrived at the House, and that he was coming in person to arrest the accused. The House at once urged the five members to withdraw. Pym, Hollis, Hampden, Haslerig went out immediately; it was found necessary to thrust Mr. Strode outside by the shoulders. The House was seated and silent. The king approached, accompanied only by his nephew, the Prince Palatine; he entered the hall; all the members rose, bareheaded. The king cast a rapid glance around him; the seats of the five members were empty. "Mr. Speaker," he said, "with your permission, I will borrow your chair for a moment. Gentlemen, I am sorry for this occasion of coming to you. … I expected from you obedience and not a message. … I come to see whether any of the accused are here; as long as they shall sit in this house, I cannot hope that it will return into the good path which I sincerely desire it to be in. … Mr. Speaker, where are they?" The speaker fell upon his knees. "Under the good pleasure of your Majesty, I have not here either eyes to see or tongue to speak except so much as the House, of which I am the servant, chooses to command me; I humbly implore your Majesty to forgive me." "Well, since I see that the birds have flown," said the king, "I expect that you will send them to me as soon as they return. But I assure you, on the word of a king, I never did intend any force, but shall proceed against them in a fair and legal way. I do not wish to disturb you any longer. I repeat to you, I expect you to send them to me as soon as they shall re-enter the Hall, otherwise I will take means to find them." He left. The House had remained motionless. Cries of "Privilege! privilege!" emanated from some corners of the Hall; then an adjournment until the morrow took place. All the members were eager to know what was being done and said without.