in France to the
widest extent; Cardinal Richelieu could never have maintained himself
but for his quick and energetic use of it. In all other states, as
well republican as monarchical, it was a weapon with which the
government thought that it could not dispense. Was it to be dropped in
England alone? And that too at a moment when the opposition of
factions was constantly becoming more active? In fact the impression
spread that Parliament, not content with full promises from the King,
while it checked abuses, was impairing his authority.
In the Upper House, where there was a strong party in favour of the
King's prerogative, these and similar considerations influenced votes.
Men were agreed that abuses like those which had occurred must be for
ever put a stop to. Even the proposals introduced for securing
individual freedom were not properly speaking rejected: but it was
desired to limit them by a clause to the effect that the sovereign
power with which the King was entrusted should remain in his hands
undiminished for the protection of his people. The Lower House however
would not accept any such addition: for the provisions of the Petition
would thus be rendered useless. They foresaw that what those
provisions forbade would pass as lawful in virtue of the plenitude of
the sovereign power: yet the expression 'sovereign power' was unknown
in the English Parliament: that body was familiar only with the
prerogative of the King, which at the same time was embodied in the
laws. The Upper House on this declared that it did not think of
departing from the Oath by which each one of them was pledged to
maintain the prerogative of the King. Even in the Lower House the
members were reminded of this, and no one raised his voice against
it; for who would have been willing to confess that he was
withstanding the lawful prerogative of the King? The only question was
as to its extent.
This question now presented itself to the King himself. Was he to
accept the proposal of the Commons, and to content himself with a
general reservation of his prerogative? It is very instructive, and
forms one of the most important steps in his career, that he thought
it advisable to inform himself first of all what rights in this matter
he really possessed.
On the 26th of May, just when the heat of the quarrel was most
intense, he summoned the two Chief Justices, Hyde and Richardson, to
Whitehall, and submitted to them the question whether or not
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