* Three of the ten judges who upheld the general right of the king decided in Hampden's favor in this particular case on technical points.

The members of the famous Long Parliament of England met in 1640, with an appreciation of the fact that upon them rested the responsibility for the preservation of English liberties, and with the grim determination to perform their duty regardless of whatever the cost might be to themselves, or to their enemies. The work of Parliament began with a movement for the punishment of the guilty advisors of the King; first came the impeachment of Stafford, followed by that of Laud and others. The King, for the moment thoroughly cowed, signed the death warrants of his favorites. The main object of the King in summoning Parliament had been to obtain from them assistance in his conflict with the Scots, but to the members of the Long Parliament the Scottish rebellion appeared in a far different light from that in which it was viewed by the King. The Scotch were, like themselves, resisting the tyranny of the crown, and furthermore, it was the Scottish rebellion which had saved the liberties of England by making the calling of a new English Parliament necessary. The result was, that instead of appropriating money to be used in warlike preparations against their northern neighbors, Parliament referred to them as their "brethren of Scotland" and voted a handsome sum of money to the Scottish army to reimburse them for their expenses and pay while in the field. The danger of another long period without the re-assembling of Parliament was done away with by an act providing that Parliament should assemble at least once in three years, with provisions for its assembly without the writs of election being issued by the King, if such writs were not properly issued. To prevent the dissolution of their body before its work was accomplished, it was provided that it should not be dissolved without its own consent. At no other time, indeed, in the Parliamentary history of England have existing abuses been so rapidly abolished by Parliamentary action as they were during the early months of 1641. The right of the King to collect ship money was done away with, and the court of the Star Chamber, the High Commission, and the Council of the North were abolished. Purveyance was restricted, impressments declared illegal, compulsory kinghthood abolished, and extensions of the royal forests annulled.

• See Clarendon's History of the Rebellion and Wars in England. Vol. 1 - 9.

Up to this period the House of Commons had stood nearly as a unit against the King, but now a division in the parliamentary ranks began to manifest itself. The more conservative, or faint hearted, of the members began to think that enough had been done to properly secure the liberties of the English people, and began to fear that if further encroachments were made upon the power of the King it would result in a displacement of the equilibrium of the English monarchy. The more radical element in the Parliament, led by a group of the wisest and most far-seeing statesmen whose names are contained in the annals of history, appreciating the treacherous character of the man with whom they were dealing, feeling their responsibility as the custodians of English liberty, and infused with the progressive spirit of the day, were determined to secure these English liberties by laws sufficient to protect them, instead of leaving them at the mercy of the faith of a man whose oath had already been shown to be valueless. The division between these two parties came to an issue on the attempt to pass through Parliament, what has become known in history as "The Great Remonstrance," which consisted of an enumeration of the wrongs which the country had sustained at the hand of its King, and an appeal to the country to support Parliament in their conflict with him. This remonstrance was finally passed by a narrow margin of two votes. From this point on the events leading up to the Civil War followed each other in rapid succession. The attempt of the King to destroy the opposition in Parliament by the arrest of the five leaders of the Parliamentary party, John Pym, John Hampden, Denzill Holies, Sir Arthur Haslerig and William Strode, was made known to these members in time to allow them to escape from the House before the entrance of King Charles and his soldiers. Baffled by his attempt to seize these leaders, or to create a riot in the House of Commons, which might have given him an excuse to use his guards for the massacre of those members of that body who had remained true to their constituents, Charles was now under the necessity of fleeing from London, taking up his headquarters at Oxford and appealing to the fortunes of war. At first the war went favorable for the King, whose army proved itself superior to the armies of the Scotch or of Parliament, but gradually a new element began to develop in the Parliamentary army; it was an element so closely connected with the religious differences of the times that it can only be understood in connection with them. The great strength of the Parliamentary forces had, up to this time, lain in the low church element of the Church of England, and in the Presbyterians. There was, however, growing up in England, a new religious belief which denounced the government by Councils as well as that by Bishops or by the Pope, and which advocated an independent control by each congregation over its own affairs. From this was derived their name of Independents. It was in this body that the most extreme members of the Puritan faith were to be found; and it was from this body that there was organized the regiments which probably constituted the finest body of soldiers which have ever been brought together. It was said of them, when afterwards perfected under the rule of Cromwell, that there have been other bodies of soldiers in the history of the world which were under as perfect discipline, and other bodies of soldiers inspired by as fierce and sincere enthusiasm, but never at any time, has there existed a body in which such discipline and enthusiasm were combined. With the gradual development of this body of soldiers, the fortunes of war began to change, until finally these "Ironside Regiments" turned the tide of battle at Marston Moor. Charles now became a fugitive and soon afterwards a prisoner. A period of trickery, confusion, and negotiations ensued. There were at this period four distinct elements, all playing at cross purposes, and at last three of them resorting to deception, and attempting by negotiations with each of the others to obtain an advantage for themselves. The victory finally falls to the army of the Independents. The Long Parliament was first reduced to a mere "rump" and then dissolved by military force. The King, tried for violation of his coronation oath, was found guilty and publicly executed "a sentence too mighty for its age; but glorious in the light of all future time for its humiliating lesson to the monarch, and its high example to the subject."6 Two decisive defeats of the Scotch Presbyterian army by Cromwell ended the military operations for the time.

6 Hawthorne's "The Grey Champion."