To clear up the principles of the constitution, to mark the boundaries of the powers intrusted by law to the several members, to show what great improvements the whole political system had received from the king’s late concessions, to demonstrate his entire confidence in his people, and his reliance on their affections, to point out the ungrateful returns which had been made him, and the enormous encroachments, insults, and indignities to which he had been exposed; these were the topics which, with so much justness of reasoning and propriety of expression, were insisted on in the king’s declarations and remonstrances.[**] [11]
* Rush. vol. v. p. 751.
** See note K, at the end of the volume.
Though these writings were of consequence, and tended much to reconcile the nation to Charles, it was evident that they would not be decisive, and that keener weapons must determine the controversy. To the ordinance of the parliament concerning the militia, the king opposed his commissions of array. The counties obeyed the one or the other, according as they stood affected. And in many counties, where the people were divided, mobbish combats and skirmishes ensued.[*] The parliament on this occasion went so far as to vote, “That when the lords and commons in parliament, which is the supreme court of judicature, shall declare what the law of the land is, to have this not only questioned, but contradicted, is a high breach of their privileges.”[**] This was a plain assuming of the whole legislative authority, and exerting it in the most material article, the government of the militia. Upon the same principles they pretended, by a verbal criticism on the tense of a Latin verb, to ravish from the king his negative voice in the legislature.[***]
The magazine of Hull contained the arms of all the forces levied against the Scots; and Sir John Hotham, the governor, though he had accepted of a commission from the parliament, was not thought to be much disaffected to the church and monarchy. Charles therefore entertained hopes that if he presented himself at Hull before the commencement of hostilities, Hotham, overawed by his presence, would admit him with his retinue; after which he might easily render himself master of the place. But the governor was on his guard. He shut the gates, and refused to receive the king, who desired leave to enter with twenty persons only. Charles immediately proclaimed him traitor, and complained to the parliament of his disobedience. The parliament avowed and justified the action.[****]
* May, book ii. p. 99.
** Rush. vol. v. p. 534.
*** The king, by his coronation oath, promises that he would
maintain the laws and customs which the people had chosen,
“quas vulgus elegerit:” the parliament pretended, that
elegerit meant shall choose; and, consequently, that the
king had no right to refuse any bills which should be
presented him. See Rush. vol. v. p. 580.
**** Whitlocke, p. 55. Rush. vol. v. p. 565 etc. May, book
ii p. 51.
The county of York levied a guard for the king of six hundred men; for the kings of England had hitherto lived among their subjects like fathers among their children, and had derived all their security from the dignity of their character, and from the protection of the laws. The two houses, though they had already levied a guard for themselves, had attempted to seize all the military power, all the navy, and all the forts of the kingdom, and had openly employed their authority in every kind of warlike preparations, yet immediately voted, “That the king, seduced by wicked counsel, intended to make war against his parliament, who, in all their consultations and actions, had proposed no other end but the care of his kingdoms, and the performance of all duty and loyalty to his person; that this attempt was a breach of the trust reposed in him by his people, contrary to his oath, and tending to a dissolution of the government; and that whoever should assist him in such a war, were traitors to the fundamental laws of the kingdom.”[*]
The armies which had been everywhere raised on pretence of the service in Ireland, were henceforth more openly enlisted by the parliament for their own purposes, and the command of them was given to the earl of Essex. In London, no less than four thousand men enlisted in one day.[**] And the parliament voted a declaration, which they required every member to subscribe, that they would live and die with their general.
They issued orders for bringing in loans of money and plate, in order to maintain forces which should defend the king and both houses of parliament; for this style they still preserved. Within ten days, vast quantities of plate were brought to their treasurers. Hardly were there men enough to receive it, or room sufficient to stow it; and many with regret were obliged to carry back their offerings, and wait till the treasurers could find leisure to receive them; such zeal animated the pious partisans of the parliament, especially in the city. The women gave up all the plate and ornaments of their houses, and even their silver thimbles and bodkins, “in order to support the good cause against the malignants.”[***]
* Whitlocke, p. 57. Rush. vol. v. p. 717. Dugdale, p. 93.
May, book 11. p. 54.
** Vicar’s God in the Mount.
*** Whitlocke, p. 58. Dugdale, p. 96, 99.
Meanwhile the splendor of the nobility with which the king was environed much eclipsed the appearance at Westminster. Lord Keeper Littleton, after sending the great seal before him, had fled to York. Above forty peers of the first rank attended the king,[*] whilst the house of lords seldom consisted of more than sixteen members. Near the moiety, too, of the lower house absented themselves from counsels which they deemed so full of danger. The commons sent up an impeachment against nine peers, for deserting their duty in parliament. Their own members, also, who should return to them, they voted not to admit till satisfied concerning the reason of their absence.