Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Encroachments of the parliament._--The aim of the houses, however, in
the bill for regulating the militia, presented to Charles in February
1642, and his refusal to pass which led by rapid steps to the civil
war, was not so much to remove those uncertainties by a general
provision (for in effect they left them much as before), as to place
the command of the sword in the hands of those they could
control;--nominating in the bill the lords lieutenant of every county,
who were to obey the orders of the two houses, and to be irremovable
by the king for two years. No one can pretend that this was not an
encroachment on his prerogative.[224] It can only find a justification
in the precarious condition, as the Commons asserted it to be, of
those liberties they had so recently obtained, in their just
persuasion of the king's insincerity, and in the demonstrations he had
already made of an intention to win back his authority at the sword's
point.[225] But it is equitable, on the other hand, to observe that
the Commons had by no means greater reason to distrust the faith of
Charles, than he had to anticipate fresh assaults from them on the
power he had inherited, on the form of religion which alone he thought
lawful, on the counsellors who had served him most faithfully, and on
the nearest of his domestic ties. If the right of self-defence could
be urged by parliament for this demand of the militia, must we not
admit that a similar plea was equally valid for the king's refusal?
However arbitrary and violent the previous government of Charles may
have been, however disputable his sincerity at present, it is vain to
deny, that he had made the most valuable concessions, and such as had
cost him very dear. He had torn away from his diadem what all monarchs
would deem its choicest jewel, that high attribute of uncontrollable
power, by which their flatterers have in all ages told them they
resemble and represent the Divinity. He had seen those whose counsels
he had best approved, rewarded with exile or imprisonment, and had
incurred the deep reproach of his own heart by the sacrifice of
Strafford. He had just now given a reluctant assent to the extinction
of one estate of parliament, by the bill excluding bishops from the
house of peers. Even in this business of the militia, he would have
consented to nominate the persons recommended to him as lieutenants,
by commissions revocable at his pleasure; or would have passed the
bill rendering them irremovable for one year, provided they might
receive their orders from himself and the two houses jointly.[226] It
was not unreasonable for the king to pause at the critical moment
which was to make all future denial nugatory, and enquire whether the
prevailing majority designed to leave him what they had not taken
away. But he was not long kept in uncertainty upon this score. The
nineteen propositions tendered to him at York in the beginning of
June, and founded upon addresses and declarations of a considerably
Public-domain text, read in full here on John Shaqi.
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