A history of England principally in the seventeenth century, Volume 2 (of 6)

by Leopold von Ranke

The court was now trying to devise means for checking the growth of the preponderance of Parliament; and as it was desirable to keep within the law, none other could be found than that by which Strafford had perished, and which had often been talked of since, the impeachment in their turn of the leading members. There were five in the Lower House, Pym and Hampden, the two acknowledged leaders, Hollis and Strode, who had taken a conspicuous part in the impeachment of Digby and Bristol, and Haslerig, who had originated the Bill of Attainder and the proposal for the appointment of generals by Parliament. Of the Lords they selected Mandeville, now Lord Kimbolton, chiefly because he had been much concerned in the alliance with the Scots. The charge which had formerly been brought against the Viceroy of Ireland, that he had sought to overthrow the fundamental laws of England, might, they thought, be still better imputed to those six, for they had endeavoured to make the King hated by his people, to induce his army to abandon him, to rob him of his authority: in fact they had already levied war on the A.D. 1642. King, and Parliament was kept by them in subjection through terror and violence[302]. At least, they thought, they could support all these charges with no slighter evidence than had availed to prove the accusation against Strafford: why should these men not be convicted of high treason as well as Strafford? Moreover they would be under arrest during the process, and so for a long time be rendered harmless. It was determined that the impeachment should be laid before the Lords immediately in the King’s name.

It has often been proved to demonstration that this step cannot be regarded as lawful. The Upper House possessed no criminal jurisdiction over the Lower: the charges against the five members ought to have been brought before a grand jury, or before the Commons themselves. We may add that there was a misunderstanding of what had happened in Stafford’s case. The Lord Lieutenant was not condemned at all in judicial form: his condemnation was a political act of the legislative authority. The Lower House, from which it proceeded, had since gone still further in the same direction, and the Upper House was now paralysed: the impeachment embraced charges against the majority which now enjoyed the whole authority of Parliament. It was bringing the authors of the imputed crime to trial before their accomplices, for a large part of the Upper House belonged to the same party. To what result could this lead?

On January 3, 1642, the Attorney-General, by special command of the King, laid the impeachment before the Lords, where it was received with astonishment. The arrest even of the member of their own House was not ordered, nor even notice of motion given. But just as if all had been fully completed, royal officers immediately repaired to the houses of the accused members of the Lower House to seal up their papers. The Commons were in the act of taking counsel for the indispensable security of the great council of the nation, when the news of this measure arrived. They declared it a breach of their privileges, especially as there had not even been notice given them of the impeachment, and A.D. 1642. called on the Upper House for joint resistance: just then appeared the King’s serjeant to require the surrender of the five members. The Commons had no intention of giving way to this demand, but could not at the moment pronounce a definite refusal. The House pledged itself that the members should at all times be ready to answer any lawful impeachment which should be brought against them, but at the same time reserved the power of representing to the King by a deputation, that this matter touched the privileges of Parliament, and concerned the whole Commons of the realm.

The five members were not arrested, and the seals which had been affixed to their dwellings were removed by an order of the Lower House, in which the Lords concurred.

In earlier times kings had arrested without difficulty members who had opposed them. Charles I had surrendered this power when he accepted the Petition of Right: but we may remember that the lawyers had then secretly assured him that it would always remain to him in case of need. Besides, in cases of treason, privileges counted for nothing. Always inclined to interfere in person, the King determined to go himself to the Lower House, and obtain the surrender of the accused, which had been denied to his officers. It is asserted that he took counsel on the question with members of the Privy Council who also had seats in Parliament, and that his intention was approved by them[303].

It is clear as day that by so doing the King attacked the immunities on which Parliament founded its efficiency and its very existence. It determined under no circumstances to permit the arrest. An immediate practical importance now attached to that protest which had been passed after the discovery of the army plot, and which formed a sort of English Covenant, and pledged every man to defend by united effort the privileges of Parliament. In relation to this the formal resolution was passed that in case any one, whoever it might be, should attempt to arrest a member of the House without its assent and order, resistance should be A.D. 1642. made to him. The question was raised whether the refusal to allow the arrest should be made unconditionally[304]: and not only was this answered in the affirmative, but a further step was taken. As the King again refused the renewed pressure for the appointment of a guard for Parliament, the Lower House now, without further hesitation, requested the Lord Mayor to arm the militia, and send a detachment of them to Westminster to protect the assembly. It looked as if it might serve also as a defence against the violent arrest of the members. The King commanded the Lord Mayor to assemble no troops without his positive order, and if any riot took place in the city, to suppress it by force of arms. He himself deferred the execution of his purpose till the next day (January 4). His plan was, so to speak, a public secret. In the morning the Earl of Essex, Lord Chamberlain, informed the five members confidentially that the King was coming to seize their persons[305]. This was known at the commencement of the sitting. The vehemence of the debate was however not damped by this news, but rather stimulated: especially it dealt with the act of impeachment, which was attacked at all points, refuted, denounced, and finally declared to be a scandalous libel, whose authors must be detected and punished, in order to secure the Commonwealth against them. It was as if the Lower House wished to answer the King’s threat by a counter threat of its own. Hitherto Charles I had delayed the execution of his design. At the news of this resolution he felt himself as it were challenged: in violent agitation he went to the officers assembled in the antechamber. ‘Soldiers,’ he cried, ‘vassals, let him who is true to me, follow me[306]!’ They hastened with him down the A.D. 1642. stairs: at the door there was by chance a carriage which the King entered, the multitude following him on foot.

In St. Stephen’s Chapel the afternoon sitting had just begun, when Captain Langres, probably sent by the French ambassador, arrived with the tidings that the King was on his way from Whitehall[307]. The danger was imminent for all, inasmuch as they had pledged themselves to resist a violent capture of the members, who were present. It was now thought good to adopt the advice which Lord Essex had given in the morning: and a resolution was passed that the five members should withdraw, to which Strode, the youngest of them, offered strenuous opposition, for he wished to seal his innocence with his blood. Scarcely were they gone when the King arrived. His armed followers, amounting to about five hundred men, lined the way for him as he entered. He bade them stay in the vestibule, forbidding any of them to enter the chamber on pain of death: the Earl of Roxburgh kept the door. Charles I had no idea of dispersing the assembly by force, after the fashion of more decidedly revolutionary times. Extraordinary as his conduct was, he believed himself to be acting within his legal rights, and only wished to make his prerogative effectual. The prerogative of the crown in the sense of the early kings, and the privilege of Parliament in the sense of coming times, were directly contradictory to each other. The King was attended by the Elector Palatine: uncovered, saluting on both sides, he walked up to the Speaker’s chair. He said that he did not wish to interfere with the privilege of the House, but that it did not apply in cases of treason: as he had waited in vain yesterday for the surrender of those accused of this crime, he had now come in person to take them away. He asked first for Pym—all was silent: then for Hollis—still no answer. He turned to the Speaker, to learn from him where they A.D. 1642. were: the Speaker fell on his knee and prayed to be excused if he was silent, he was but the organ of the House, and had no eyes to see, nor tongue to speak, anything but what the House bade him. The King now perceived for himself that those whom he sought were not present, or, as he himself expressed it, that the birds were flown. He seized the occasion to assure the House that he intended no violence, that he would observe all that he had granted for the good of his subjects, and that he would proceed in strictly legal fashion against the accused, but that he expected an answer, else he would know how to seek and to find them. He departed in the same manner in which he had entered, but already it might be seen what lay hidden under this crust of forced moderation. From the assembly was heard the cry of Privilege! whereupon the King’s guards laid hand on their swords, and drew out their loaded pistols.

As the five members of the Lower House had fled to the city, the King next day, holding firmly to his purpose, repaired to Guildhall to obtain their surrender. The aldermen and common council were assembled. Charles had all the less hesitation about trusting himself among them, because he was assured of the devotion of the city authorities: only, as we know, the Lord Mayor and Aldermen were no longer masters of the populace. In presence of the King was raised the cry, Privilege! Liberty of Parliament! to this others answered with God bless the King! They were the battle-cries of the opposing parties: no one could say which was the stronger among those present[308]. When peace was restored, the King himself, by asking whether any one had anything to say, as it were invited a demonstration. A voice called out that the assembly wished the King to listen to the opinion of Parliament: another replied that the speaker expressed his own sentiments only, not those of the assembly. ‘Who can say,’ interposed the King, ‘that I do not listen to the advice of my Parliament? but there is a difference between A.D. 1642. Parliament and some turbulent members of it: the one I do and will listen to, the others I will deliver over to lawful punishment.’

When the King was gone, his demand raised a hot debate: it was not directly refused, but at the same time it was not acceded to.

The King, who wished to show himself in his fashion gracious and confiding, had invited himself to dine with one of the aldermen. When he quitted the house the crowd which had gathered meanwhile received him with the cry, ‘Parliament! Privilege!’ and here it was not as in the common council, for there was no counter shout. A pamphlet was thrown into the King’s carriage with the title, ‘To thy tents, O Israel’—the words with which Israel rose against Rehoboam. The King however would not even now abandon his object. The next day appeared a prohibition to receive and harbour the five fugitive members. His officers and all his subjects were required to seize them, and commit them to the Tower, which was now in safe hands: the King at this moment had some cannon conveyed thither, and strengthened the garrison. What might not be expected after this[309]?