The Lords were scared out of their policy of obstruction by Pym's bold announcement of the position taken by the House of Commons. "The Commons," said their leader, "will be glad to have your concurrence and help in saving the kingdom: but if they fail of it, it should not discourage them in doing their duty. And whether the kingdom be lost or saved, they shall be sorry that the story of this present Parliament should tell posterity that in so great a danger and extremity the House of Commons should be enforced to save the kingdom alone." The effect of these words was seen in the passing of the bill for excluding bishops from the House of Lords, the last act of this Parliament to which Charles gave his assent. The great point however was to secure armed support from the nation at large, and here both sides were in a difficulty. Previous to the innovations introduced by the Tudors, and which had been taken away by the bill against pressing soldiers, the king in himself had no power of calling on his subjects generally to bear arms, save for the purposes of restoring order or meeting foreign invasion. On the other hand no one contended that such a power has ever been exercised by the two Houses without the king; and Charles steadily refused to consent to a Militia bill, in which the command of the national force was given in every county to men devoted to the Parliamentary cause. Both parties therefore broke through constitutional precedent, the Parliament in appointing Lord Lieutenants of the Militia by ordinance of the two Houses, Charles in levying forces by royal commissions of array.
But the king's great difficulty lay in procuring arms, and on the twenty-third of April he suddenly appeared before Hull, the magazine of the north, and demanded admission. The new governor, Sir John Hotham, fell on his knees, but refused to open the gates: and the avowal of his act by the Parliament was followed at the end of May by the withdrawal of the royalist party among its members from their seats at Westminster. Falkland, Colepepper, and Hyde, with thirty-two peers and sixty members of the House of Commons, joined Charles at York; and Lyttelton, the Lord Keeper, followed with the Great Seal. But one of their aims in joining the king was to put a check on his projects of war; and their efforts were backed by the general opposition of the country. A great meeting of the Yorkshire freeholders which Charles convened on Heyworth Moor ended in a petition praying him to be reconciled to the Parliament; and in spite of gifts of plate from the universities and nobles of his party arms and money were still wanting for his new levies. The two Houses, on the other hand, gained in unity and vigour by the withdrawal of the royalists. The militia was rapidly enrolled, Lord Warwick named to the command of the fleet, and a loan opened in the City to which the women brought even their wedding-rings. The tone of the two Houses rose with the threat of force. It was plain at last that nothing but actual compulsion could bring Charles to rule as a constitutional sovereign; and the last proposals of the Parliament demanded the powers of appointing and dismissing the ministers, of naming guardians for the royal children, and of virtually controlling military, civil, and religious affairs. "If I granted your demands," replied Charles, "I should be no more than the mere phantom of a king."