Constitutional History of England, Henry Vii to George Ii. Volume 2 of 3

CHAPTER VIII. From the Dissolution of Charles's Third Parliament to the

FROM THE DISSOLUTION OF CHARLES'S THIRD PARLIAMENT TO THE MEETING OF THE LONG PARLIAMENT

Declaration of the King after the Dissolution -- Prosecutions of Eliot and others for Conduct in Parliament -- Of Chambers for refusing to pay Customs -- Commendable Behaviour of Judges in some Instances -- Means adopted to raise the Revenue -- Compositions for Knighthood -- Forest Laws -- Monopolies -- Ship-Money -- Extension of it to inland Places -- Hampden's Refusal to pay -- Arguments on the Case -- Proclamations -- Various arbitrary Proceedings -- Star-Chamber Jurisdiction -- Punishments inflicted by it -- Cases of Bishop Williams, Prynne, etc. -- Laud, his Character -- Lord Strafford -- Correspondence between these two -- Conduct of Laud in the Church -- Prosecution of Puritans -- Favour shown to Catholics -- Tendency to their Religion -- Expectations entertained by them -- Mission of Panzani -- Intrigue of Bishop Montagu with him -- Chillingworth -- Hales -- Character of Clarendon's Writings -- Animadversions on his Account of this Period -- Scots Troubles, and Distress of the Government -- Parliament of April 1640 -- Council of York -- Convocation of Long Parliament Page 1

CHAPTER IX. From the Meeting of the Long Parliament to the Beginning of the

FROM THE MEETING OF THE LONG PARLIAMENT TO THE BEGINNING OF THE CIVIL WAR

Character of Long Parliament -- Its salutary Measures -- Triennial Bill -- Other beneficial Laws -- Observations -- Impeachment of Strafford -- Discussion of its Justice -- Act against Dissolution of Parliament without its Consent -- Innovations meditated in the Church -- Schism in the Constitutional Party -- Remonstrance of November 1641 -- Suspicions of the King's Sincerity -- Question of the Militia -- Historical Sketch of Military Force in England -- Incroachments of the Parliament -- Nineteen Propositions -- Discussion of the respective Claims of the two Parties to Support -- Faults of both Page 85

CHAPTER X. From the Breaking of the Civil War to the Restoration

FROM THE BREAKING OF THE CIVIL WAR TO THE RESTORATION

PART I

Success of the King in the first Part of the War -- Efforts by the moderate Party for Peace -- Affair at Brentford -- Treaty of Oxford -- Impeachment of the Queen -- Waller's Plot -- Secession of some Peers to the King's Quarters -- Their Treatment there impolitic -- The anti-pacific Party gain the Ascendant at Westminster -- The Parliament makes a new Great Seal -- And takes the Covenant -- Persecution of the Clergy who refuse it -- Impeachment and Execution of Laud -- Decline of the King's Affairs in 1644 -- Factions at Oxford -- Royalist Lords and Commoners summoned to that City -- Treaty of Uxbridge -- Impossibility of Agreement -- The Parliament insist on unreasonable Terms -- Miseries of the War -- Essex and Manchester suspected of Lukewarmness -- Self-denying Ordinance -- Battle of Naseby -- Desperate Condition of the King's Affairs -- He throws himself into the Hands of the Scots -- His Struggles to preserve Episcopacy, against the Advice of the Queen and others -- Bad Conduct of the Queen -- Publication of Letters taken at Naseby -- Discovery of Glamorgan's Treaty -- King delivered up by the Scots -- Growth of the Independents and Republicans -- Opposition to the Presbyterian Government -- Toleration -- Intrigues of the Army with the King -- His Person seized -- The Parliament yield to the Army -- Mysterious Conduct of Cromwell -- Imprudent Hopes of the King -- He rejects the Proposals of the Army -- His Flight from Hampton Court -- Alarming Votes against him -- Scots' Invasion -- The Presbyterians regain the Ascendant -- Treaty of Newport -- Gradual Progress of a Republican Party -- Scheme among the Officers of bringing Charles to Trial -- This is finally determined -- Seclusion of Presbyterian Members -- Motives of some of the King's Judges -- Question of his Execution discussed -- His Character -- Icon Basilike Page 138

PART II. Abolition of the Monarchy -- and of the House of Lords --

Abolition of the Monarchy -- and of the House of Lords -- Commonwealth -- Schemes of Cromwell -- His Conversations with Whitelock -- Unpopularity of the Parliament -- Their Fall -- Little Parliament -- Instrument of Government -- Parliament called by Cromwell -- Dissolved by him -- Intrigues of the King and his Party -- Insurrectionary Movements in 1655 -- Rigorous Measures of Cromwell -- His arbitrary Government -- He summons another Parliament -- Designs to take the Crown -- the Project fails -- But his Authority as Protector is augmented -- He aims at forming a new House of Lords -- His Death -- and Character -- Richard his Son succeeds him -- Is supported by some prudent Men -- But opposed by a Coalition -- Calls a Parliament -- The Army overthrow both -- Long Parliament restored -- Expelled again -- and again restored -- Impossibility of establishing a Republic -- Intrigues of the Royalists -- They unite with the Presbyterians -- Conspiracy of 1659 -- Interference of Monk -- His Dissimulation -- Secluded Members return to their Seats -- Difficulties about the Restoration -- New Parliament -- King restored -- Whether previous Conditions required -- Plan of reviving the Treaty of Newport inexpedient -- Difficulty of framing Conditions -- Conduct of the Convention about this not blameable -- Except in respect of the Militia -- Conduct of Monk Page 212

CHAPTER XI. From the Restoration of Charles Ii. to the Fall of the Cabal

FROM THE RESTORATION OF CHARLES II. TO THE FALL OF THE CABAL ADMINISTRATION

Popular Joy at the Restoration -- Proceedings of the Convention Parliament -- Act of Indemnity -- Exclusion of the Regicides and others -- Discussions between the Houses on it -- Execution of Regicides -- Restitution of Crown and Church Lands -- Discontent of the Royalists -- Settlement of the Revenue -- Abolition of Military Tenures -- Excise granted instead -- Army disbanded -- Clergy restored to their Benefices -- Hopes of the Presbyterians from the King -- Projects for a Compromise -- King's Declaration in Favour of it -- Convention Parliament dissolved -- Different Complexion of the next -- Condemnation of Vane -- Its Injustice -- Acts replacing the Crown in its Prerogatives -- Corporation Act -- Repeal of Triennial Act -- Star-chamber not restored -- Presbyterians deceived by the King -- Savoy Conference -- Act of Uniformity -- Ejection of Nonconformist Clergy -- Hopes of the Catholics -- Bias of the King towards them -- Resisted by Clarendon and the Parliament -- Declaration for Indulgence -- Objected to by the Commons -- Act against Conventicles -- Another of the same Kind -- Remarks on them -- Dissatisfaction increases -- Private Life of the King -- Opposition in Parliament -- Appropriation of Supplies -- Commission of public Accounts -- Decline of Clarendon's Power -- Loss of the King's Favour -- Coalition against him -- His Impeachment -- Some Articles of it not unfounded -- Illegal Imprisonments -- Sale of Dunkirk -- Solicitation of French Money -- His Faults as a Minister -- His pusillanimous Flight -- and consequent Banishment -- Cabal Ministry -- Scheme of Comprehension and Indulgence -- Triple Alliance -- Intrigue with France -- King's Desire to be absolute -- Secret Treaty of 1670 -- Its Objects -- Differences between Charles and Louis as to the Mode of its Execution -- Fresh Severities against Dissenters -- Dutch War -- Declaration of Indulgence -- Opposed by Parliament -- and withdrawn -- Test Act -- Fall of Shaftesbury and his Colleagues Page 278

CHAPTER XII. Earl of Danby's Administration -- Death of Charles Ii.

EARL OF DANBY'S ADMINISTRATION -- DEATH OF CHARLES II.

Earl of Danby's Administration -- Opposition in the Commons -- Frequently corrupt -- Character of Lord Danby -- Connection of the popular Party with France -- Its Motives on both Sides -- Doubt as to their Acceptance of Money -- Secret Treaties of the King with France -- Fall of Danby -- His Impeachment -- Questions arising on it -- His Commitment to the Tower -- Pardon pleaded in Bar -- Votes of Bishops -- Abatement of Impeachments by Dissolution -- Popish Plot -- Coleman's Letters -- Godfrey's Death -- Injustice of Judges on the Trials -- Parliament dissolved -- Exclusion of Duke of York proposed -- Schemes of Shaftesbury and Monmouth -- Unsteadiness of the King -- Expedients to avoid the Exclusion -- Names of Whig and Tory -- New Council formed by Sir William Temple -- Long Prorogation of Parliament -- Petitions and Addresses -- Violence of the Commons -- Oxford Parliament -- Impeachment of Commoners for Treason constitutional -- Fitzharris impeached -- Proceedings against Shaftesbury and his Colleagues -- Triumph of the Court -- Forfeiture of Charter of London -- And of other Places -- Projects of Lord Russell and Sidney -- Their Trials -- High Tory Principles of the Clergy -- Passive Obedience -- Some contend for absolute Power -- Filmer -- Sir George Mackenzie -- Decree of University of Oxford -- Connection with Louis broken off -- King's Death Page 361

CONSTITUTIONAL HISTORY OF ENGLAND

FROM HENRY VII. TO GEORGE II.

CHAPTER VIII

FROM THE DISSOLUTION OF CHARLES'S THIRD PARLIAMENT TO THE MEETING OF THE LONG PARLIAMENT

The dissolution of a parliament was always to the prerogative what the dispersion of clouds is to the sun. As if in mockery of the transient obstruction, it shone forth as splendid and scorching as before. Even after the exertions of the most popular and intrepid House of Commons that had ever met, and after the most important statute that had been passed for some hundred years, Charles found himself in an instant unshackled by his law or his word; once more that absolute king, for whom his sycophants had preached and pleaded, as if awakened from a fearful dream of sounds and sights that such monarchs hate to endure, to the full enjoyment of an unrestrained prerogative. He announced his intentions of government for the future in a long declaration of the causes of the late dissolution of parliament, which, though not without the usual promises to maintain the laws and liberties of the people, gave evident hints that his own interpretation of them must be humbly acquiesced in. This was followed up by a proclamation that he "should account it presumption for any to prescribe a time to him for parliament, the calling, continuing, or dissolving of which was always in his own power; and he should be more inclinable to meet parliament again, when his people should see more clearly into his intents and actions, when such as have bred this interruption shall have received their condign punishment." He afterwards declares that he should "not overcharge his subjects by any more burthens, but satisfy himself with those duties that were received by his father, which he neither could nor would dispense with; but should esteem them unworthy of his protection who should deny them."

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