direct opposition to the traditional oath of allegiance to the king, which posed a special problem for royalists. It was just as difficult to square with the Solemn League and Covenant of 1643 dear to Presbyterians. This last required subjects to pledge, among other things, “to preserve and defend the king’s Majesty’s person and authority” with “no thoughts or intentions to diminish his Majesty’s just power and greatness.”120 Debate also focused on the binding power of oaths, the appropriate object to which allegiance was due, and the proper behavior of law-abiding men.
The language of the Engagement Oath ensured that the spotlight would be turned on the commonwealth, the community itself, as an object of loyalty, and the primacy of its needs over any specific form of government or particular governors. The Rump’s defenders sensibly focused on the welfare of the people, their safety and immediate interest, and on concern for the peace and quiet of the realm. This argument, that the welfare of the people, salus populi, was necessarily more important than the welfare of a single individual had under-girded both royalist and parliamentarian arguments from the outset. The royalists claimed rebellion could not be tolerated because it caused the greatest disruption to the common weal. Supporters of Parliament believed the welfare of the community must be placed before that of monarchical will. Resistance became legitimate when the people were forced to defend themselves from the machinations of their king.
The most famous of those weighing in with a critical approach to the engagement controversy was Thomas Hobbes. Hobbes had fled to the Continent before the civil war but later joined the royalists in exile. Leviathan was published in 1651 at the height of the debate. It offended the royalists and led to Hobbes’s sudden return to England, where it met with a somewhat better reception. Hobbes credits Leviathan, with its insistence upon obedience to the government that can offer protection, with persuading many hundreds of royalist gentlemen to submit to the new regime. This is doubtful as his amoral tone shocked rather than persuaded both royalists and parliamentarians. His views on obedience, however, were in line with those of less cynical authors writing at the time.121
Most members of Parliament and their supporters did not wish to claim the right of conquest. Instead, they based their right to govern the realm on their claim to represent the people, then enthusiastically claimed for the people the origins of power and even supreme power. But they generally agreed that the people’s power had been transferred to their representatives in Parliament and stated, or implied, that there it must remain. In 1641 William Pierrepont claimed the supremacy of the three estates lay in Parliament as the people’s representatives: “Unlimited power must be in some to make and repeal laws to fit the dispositions of times and persons. Nature placeth this in common consent only, and where all cannot conveniently meet, instructeth them to give their consents to some they know or believe so well of as to be bound to what they agree on.”122 Even those who argued that the people held the king to account, hesitated to give the people similar control of Parliament. Once representatives had been selected the power was theirs. Charles Herle, a supporter of Parliament writing in 1642, asked whether if neither the king nor Parliament should discharge their trust “the people might rise and make resistance against both.” He answered that this was a position “which no man (I know) maintaines.”123 Instead Herle finds, “the Parliament’s, is the people’s owne consent, which once passed they cannot revoke … no power can be imployed but what is reserved, and the people have reserved no power in themselves from themselves in Parliament.”124
The anonymous author of “The Peoples Right Briefly Asserted,” published on the eve of the king’s trial, came to the same conclusion by a slightly different route. He linked the people with Parliament and, quoting Bartolus, stated that a king may commit treason for which he can be deposed and punished “by that Lord against whom he hath offended, which is the People and those who represent them.”125 He argues that “the Law is more powerful than the King … But the whole Body of the people are more powerful than the Law, as being the parent of it.”126 The people never gave away all their power, even in hereditary monarchy. However, in his view what they reserved was “their supream Power of making Election, when need required.”127 He concludes, the Parliament, “if they had a lawful power to proceed in this War,” have power to dispose of their victory “as they shall think best for the future security of the whole people, whom they represent.”128 This is advocating parliamentary sovereignty on the basis that the people had irrevocably transferred their sovereignty to their representatives.
A case was made for the sovereignty of the people in a powerful tract by William Ball published in 1646. Ball argues that a free people such as the English may bestow what he calls their “power extensive” on a king or a parliament but not their “primitive, or intensive power.” Nor did they cease to be free “notwithstanding their long Lease of Trust.”129 The final freedom “to dispose, or determine themselves … they never part, or parted withall; for at what time soever they should do it, they cease to be … a free People, or a People which are freely under a Law by common consent.”130 Thus he argued that the English people “never gave, or voluntarily asserted, that their Kings, or Parliaments, or Both, should have an absolute Domineering, or Arbitrary power over them, but only a Discresive, or Legall Authority intended ever for their good in generall.”131 If need be they were entitled to defend themselves against both king and Parliament. He granted that Parliament was the highest “Court extensive” but found “the People in generall … are the highest, or greatest Power Intensive, in that they are the efficient, and finall cause under God, of the Parliament.”132
The republican experiment also produced an outpouring of new ideas about the ideal arrangements for English government. Among the most notable were those of James Harrington, whose Commonwealth of Oceana appeared in 1656.133 Other supporters of a parliamentary system, both defenders and critics of the Interregnum governments, took to their pens. Isaac Pennington Jr., son of the famous London alderman, considered deeply how government might be restructured to protect popular liberties and produced a highly original tract recommending the separation of powers, the separation of church and state, and other notions that foreshadowed ideas John Locke would later champion.134
Throughout the Interregnum much was done in the name of the people, but popular sovereignty was never permitted. In fact during the Interregnum the sovereignty of Parliament was never tested for the Rump, and protectorate parliaments were not representative and were too unpopular to hold a traditional general election to correct that defect. Nor were the ideas proposed for a more perfect republic put into practice. The Rump and the Protectorate of Oliver Cromwell did produce governments that were sovereign, but without a solid, theoretical basis for that sovereignty, merely, dare it be said, the rights of a conqueror. Nevertheless notions of sovereignty continued to be debated and old ideas championed despite the contemporary political reality. The disintegration into political confusion and arrival in London of George Monck and his army provoked the frantic publication of pamphlets recommending various courses for the future. Their authors pleaded, argued, and cajoled in a desperate effort to persuade Monck and later the members of the Convention. Among these pamphlets was Sir Roger L’Estrange’s nostalgic “Plea for Limited Monarchy, As It Was Established in This Nation Before the Late War.” On the other side John Milton, in what was probably his most passionate essay, “The Readie & Easie Way to Establish a Free Commonwealth,” pleaded for the preservation of a republic, rather than “the perpetual bowings and cringings of an abject people” under monarchy.135 But all Milton’s eloquence was unavailing. At the last, when the realm seemed about to collapse into anarchy, the appeal of the ancient constitution, fraught with weaknesses, complexity, and no clear sovereign, proved irresistible as the basis for English government.
| 1603 | Accession of James I (King James VI of Scotland). |
| 1604 | Hampton Court Conference. |
| 1605 | Gunpowder Plot. |
| 1618 | Outbreak of Thirty Years War. |
| 1625 | Death of James I; accession of Charles I. |
| 1627 | Five Knights’ Case. |
| 1628 | Parliament meets. Petition of Right. |
| 1629 | England
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