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
They were hardly less unyielding on the subject of the militia. They
began with a demand of naming all the commanders by sea and land,
including the lord lieutenant of Ireland and all governors of
garrisons, for an unlimited time. The king, though not very willingly,
proposed that the command should be vested in twenty persons, half to
be named by himself, half by the parliament, for the term of three
years, which he afterwards extended to seven; at the expiration of
which time it should revert to the Crown. But the utmost concession
that could be obtained from the other side was to limit their
exclusive possession of this power to seven years, leaving the matter
open for an ulterior arrangement by act of parliament at their
termination.[280] Even if this treaty had been conducted between two
belligerent states, whom rivalry or ambition often excite to press
every demand which superior power can extort from weakness, there yet
was nothing in the condition of the king's affairs which should compel
him thus to pass under the yoke, and enter his capital as a prisoner.
But we may also remark that, according to the great principle, that
the English constitution, in all its component parts, was to be
maintained by both sides in this contest, the question for parliament
was not what their military advantages or resources for war entitled
them to ask, but what was required for the due balance of power under
a limited monarchy. They could rightly demand no further concession
from the king than was indispensable for their own and the people's
security; and I leave any one who is tolerably acquainted with the
state of England at the beginning of 1645, to decide whether their
privileges and the public liberties incurred a greater risk, by such
an equal partition of power over the sword, as the king proposed, than
his prerogative and personal freedom would have encountered by
abandoning it altogether to their discretion. I am far from thinking
that the acceptance of the king's propositions at Uxbridge would have
restored tranquillity to England. He would still have repined at the
limitations of monarchy, and others would have conspired against its
existence. But of the various consequences which we may picture to
ourselves as capable of resulting from a pacification, that which
appears to me the least likely is, that Charles should have
re-established that arbitrary power which he had exercised in the
earlier period of his reign. Whence, in fact, was he to look for
assistance? Was it with such creatures of a court as Jermyn or
Ashburnham, or with a worn-out veteran of office, like Cottington, or
a rash adventurer, like Digby, that he could outwit Vane, or overawe
Cromwell, or silence the press and the pulpit, or strike with panic
the stern puritan and the confident fanatic? Some there were, beyond
question, both soldiers and courtiers, who hated the very name of a
limited monarchy, and murmured at the constitutional language which
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