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
[223] Whitelock maintained, both on this occasion, and at the treaty
of Uxbridge, that the power of the militia resided in the king and two
houses jointly. Pp. 55, 129. This, though not very well expressed, can
only mean that it required an act of parliament to determine and
regulate it.
[224] See the list of those recommended, _Parl. Hist._ 1083. Some of
these were royalists; but on the whole, three-fourths of the military
force of England would have been in the hands of persons, who, though
men of rank, and attached to the monarchy, had given Charles no reason
to hope that they would decline to obey any order which the parliament
might issue, however derogatory or displeasing to himself.
[225] "When this bill had been with much ado accepted, and first read,
there were few men who imagined it would ever receive further
countenance; but now there were very few who did not believe it to be
a very necessary provision for the peace and safety of the kingdom. So
great an impression had the late proceedings made upon them, that with
little opposition it passed the Commons, and was sent up to the
Lords." Clarend. ii. 180.
[226] Clarendon, ii. 375; _Parl. Hist._ 1077, 1106, etc. It may be
added, that the militia bill, as originally tendered to the king by
the two houses, was ushered in by a preamble asserting that there had
been a most dangerous and desperate design on the House of Commons,
the effect of the bloody counsels of the papists, and other
ill-affected persons, who had already raised a rebellion in Ireland.
Clar. p. 336. Surely he could not have passed this, especially the
last allusion, without recording his own absolute dishonour: but it
must be admitted, that on the king's objection they omitted this
preamble, and also materially limited the powers of the lords
lieutenant to be appointed under the bill.
[227] A declaration of the grievances of the kingdom, and the remedies
proposed, dated April 1, may be found in the _Parliamentary History_,
p. 1155. But that work does not notice that it had passed the Commons
on Feb. 19, before the king had begun to move towards the north.
Commons' Journals. It seems not to have pleased the House of Lords,
who postponed its consideration, and was much more grievous to the
king than the nineteen propositions themselves. One proposal was to
remove all papists from about the queen; that is, to deprive her of
the exercise of her religion, guaranteed by her marriage contract. To
this objection Pym replied that the House of Commons had only to
consider the law of God and the law of the land; that they must resist
idolatry, lest they incur the divine wrath, and must see the laws of
this kingdom executed; that the public faith is less than that they
owe to God, against which no contract can oblige, neither can any bind
us against the law of the kingdom. _Id._ 1162.
[228] _Parl. Hist._ 702.
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