[The History of England in Three Volumes, Vol.I., Part D. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part D. CHAPTER XLV 25/37
It is come to this plain question, whether the chancery or parliament ought to have authority."[***] Notwithstanding this watchful spirit of liberty which now appeared in the commons, their deference for majesty was so great that they appointed a committee to confer with the judges before the king and council.
There the question of law began to appear in James's eyes a little more doubtful than he had hitherto imagined it; and in order to extricate himself with some honor, he proposed that both Goodwin and Fortescue should be set aside, and a writ be issued, by warrant of the house, for a new election.
Goodwin gave his consent, and the commons embraced the expedient; but in such a manner that, while they showed their regard for the king, they secured for the future the free possession of their seats, and the right which they claimed of judging solely in their own elections and returns.[****] [45] A power like this, so essential to the exercise of all their other powers, themselves so essential to public liberty, cannot fairly be deemed an encroachment in the commons; but must be regarded as an inherent privilege, happily rescued from that ambiguity which the negligence of some former parliaments had thrown upon it. At the same time, the commons, in the case of Sir Thomas Shirley, established their power of punishing, as well the persons at whose suit any member is arrested, as the officers who either arrest or detain him. Their asserting of this privilege admits of the same reflection.[v] * Journ, 30th March, 1604. ** Journ, 30th March, 1604. *** Journ.
30th March, 1604. **** See note SS, at the end of the volume. v Journ.
6th and 7th May, 1604. About this period, the minds of men throughout Europe, especially in England, seem to have undergone a general but insensible revolution. Though letters had been revived in the preceding age, they were chiefly cultivated by those of sedentary professions; nor had they till now begun to spread themselves in any degree among men of the world. Arts, both mechanical and liberal, were every day receiving great improvements.
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