The assumption in this argument is that the laws, by which the limits of each power within the constitution were defined, were old and well-known: as in earlier times the King, so now the Lower House was reproached with misunderstanding the laws and exceeding its powers.
This accusation could certainly not be controverted from A.D. 1642. the point of view of the existing constitution. The chief efforts of the dominant party had been hitherto directed to forcing the King to assent to the bills submitted to him: he had quitted the capital in order to escape further pressure: their proceeding, in spite of his refusal, to give effect to their own views, and this in matters of the highest importance, was an open violation of the existing constitution and of the recognised mutual rights of the parties. They acted as though the King’s consent was no longer necessary: Henry Martin once propounded the theory that as the opinion of all the Commons of the realm was implied in the vote of the Lower House, so the King’s consent was included in the vote of the Lords[331]; that the Parliament of the realm was his great council, whose opinion he must follow; and that the old Norman formula of refusal ought to be abolished.
The zealous adherents of Parliament did not repel the charge of transgressing the laws: they accepted it. Their doctrine was—starting from Oliver St. John’s language on the Bill of Attainder—that Parliament could not be bound by written laws, for that the legislative power in the fullest extent belonged to it, which meant merely equity applied by common consent to politics: that inferior tribunals were bound by written laws, but not the highest, which would cease to be such if bound[332]. This theory distinguished between fundamental laws and principles, recognising only the latter as conclusive.
The view which some years later John Milton sought to uphold, namely, that Parliament was not co-ordinate with the King, but superior, rested on the same basis. For, he argued, the King governs through the laws; the Parliament, even in the absence (as then) of any King’s assent, makes and repeals them, so that Parliament is above all positive law. Thus a power, if not literally absolute, yet exalted above the law, such as the King claimed, was ascribed to Parliament.
A.D. 1642.
The Parliament still avoided expressing or sanctioning on its own part these ideas, which had been generated in theorising minds by its position and growing strength: it adhered above all to its practical demands.
These were once more laid before the King in definite form in the first half of June. They are the so-called nineteen propositions, a sort of programme of the condition into which it was sought to bring the nation. Three demands were therein specially put forward: one religious, for the change of the existing state of things in relation to church government and the liturgy, in conformity with a consultation to be held with learned theologians, and with the resolutions of Parliament: one political, that all nominations to high offices should require the approval of the two Houses, and that even the Privy Council should consist of only a fixed number of persons, all of whom must be approved by both Houses: finally one military, that the proposals in reference to the militia should be accepted, at least temporarily[333]. The King answered that were he to assent to these propositions, he should not be able to fulfil the duty incumbent upon him: they were the sort of conditions that are made with a prisoner.
While thus definitely refusing, he was already aware that he had by no means the unanimous opinion of Parliament opposed to him. We have already more than once mentioned the discussions within the House on the most important questions; the first on Strafford’s attainder, the second about the attack on Episcopacy, and the preparation of the Remonstrance: but the majority had always persevered in the course once adopted. Now came the third and greatest division. In spite of the protests, to which several lords had resorted, the resolutions about the militia were passed, and the nineteen propositions laid before the King as the terms of Parliament. Seeing that thus the ancient constitution of the country was threatened at once in spiritual and in political matters, a number of Lords deemed it their duty, and had the courage, to separate from Parliament. At the sitting of A.D. 1642. May 30 the Upper House was informed that twelve Lords at once had been seen on the road to York, and then actually in that city. They were Monmouth, Northampton, Salisbury, Devonshire, Dover, Dunsmore, Andover, Capel, Rich, Grey, Lovelace, and Coventry. Soon followed men like Lord Hertford, who had taken a great part in the beginning of the movement. A certain vacillation was exhibited by some before they took the step, by others after it; but the majority were fully determined, and held to their purpose. The number was soon so great that it seemed less wonderful that they should be gone, than that the rest should stay behind at Westminster[334]. It was regarded as an event of great importance when Lord Littleton carried off to the King the Great Seal, in conformity with a promise made at the time of receiving it, a feat not accomplished without some stratagem and danger. A number of the Commons also repaired to the King, around whom was formed a company that professed to represent the State, and treated the acts of the Parliament at Westminster as lawless usurpations.
The Lords however did not join the King unconditionally. A mutual engagement was entered into, on the basis of maintaining the English constitution. The King promised the Lords to require from them no other obedience than was grounded on the laws, and to take under his protection every one who refused to obey the declarations and orders of the two Houses at Westminster. The Lords undertook to defend the King, his crown, dignity, and rightful privileges against every man, and to obey no orders not warranted by the laws: especially they pledged themselves to this in respect of military ordinances lacking the King’s assent. Both parties bound themselves to support the true Protestant religion, as by law established,—thus excluding Presbyterianism,—the lawful liberties of the subjects, and the privileges both of the King and of Parliament. The King says ‘the just privileges of the three estates of Parliament[335],’ which included the restoration of the bishops to A.D. 1642. their parliamentary rights: the Lords say ‘the just privileges of your Majesty and your two Houses of Parliament.’ Twenty-five Lords signed the agreement on June 13, 1642.
These promises were given and these declarations exchanged by way of opposition to the demands contained in the nineteen propositions[336]. For a moment they flattered themselves that the weight added to the King’s cause would incline the Parliament to more peaceful views: but the contrary happened, the feeling of hostility grew with the number of enemies.