1649-1685. "violence of the commons," which created a party for the CHARLES II. king, that he would not otherwise have possessed; and so effectually did the court emissaries work upon the popular passions, that under the apprehension of a recurrence to the disorders of Charles I. the doctrine of passive obedience was Doctrine of pasgenerally received, and our liberties were in the greatest generally redanger of being absolutely surrendered to the perfidious ceived. keeping of Charles II.; but his death, and the less hypocritical policy of James II.-preserved them from ultimate destruction. sive obedience Charles II. was the transitional lish constitution. The reign of Charles II. was, as Mr. Hallam observes, the The reign of transitional state between the ancient and modern schemes of the English constitution; between that course of government state of the Engwhere the executive power, so far as executive, was very little bounded except by the laws, and that where it can only be carried on, even within its own province, by the consent and co-operation, in a great measure, of the parliament3. SECTION IV. JAMES II., February 6, A.D. 1685,-February 13, A.D. 1689. James II. commenced his reign, similar to that of Mary, JAMES II. by a wilful falsehood, voluntarily promising the privy council to preserve the government, both in church and state, as it was then by law established. 1685-1689. The king had, however, on a previous occasion, expressed Declaration of sentiments of a similar description; thus, in 1678, when the James, in 1678. "test" was discussed, he managed to introduce a proviso, for excepting himself;-and it is asserted, in Burnet's History, that, "speaking with great earnestness and with tears in his eyes, he solemnly protested, that whatever his religion might be, it should only be a private thing between God and his own soul, and that no effect should ever appear in the 2 Mackenzie, Jus Regium, 39, 46. Collier, 902. 8 Somers' Tracts, 420, 32 Hallam's Const. Hist. 481, 482. JAMES II. government;" but unfortunately, the records of history belie 1685-1689. that promise; and prove his total repugnancy from the preservation of the constitution, and all his lawless proceedings may be ascribed to his anxiety of introducing his papistical creed; in fact, every situation of power, honour, or emolument, was forcibly wrested from the holders, and bestowed upon his worthless parasites, until the nation, roused by such infamy, justly drove him from the country, over which he might have reigned so nobly, to close his days amidst the insignificance of St. Germaine's, and the squalid penances of La Trappe. Illegal taxation. Religious prosecutions discou raged. Boroughs in slavish dependance on the crown. The parliamentary grant of one-half of the excise, and of the whole of the customs, expired at the death of Charles II., and the king, to evince his respect for the constitution, illegally ordered the continued exaction of such duties, till the meeting of parliament. James likewise commanded the judges to discourage prosecutions on matters of religion, and ordered, by proclamation, the discharge of all persons who were confined for refusing the oaths of allegiance and supremacy. In consequence, the dissenters enjoyed a respite from the restrictions which they suffered under the Conventicle Act; and Catholics, to the number of some thousands, and Quakers to the number of twelve hundred, were liberated from imprisonment'. The king likewise evinced his attachment to the Romish church by going publicly to mass; and, in order to crush any expression of public indignation, borrowed money from the King of France. 2. The Parliament of 1685. The open and direct attacks which Charles II., towards the close of his reign, made upon most of the corporations, had, in so many instances, been submitted to, that the boroughs were in the power of the crown; for all the new charters contained clauses of election and amotion, by which the king controlled the parliamentary and municipal elective franchise'. 2 Sewell, 451, 454, 456, 478, edit. 1795. 8 Lingard, 303. 2 Letters of Barillon, published in App. to Fox, April 16, May 17, July 16, and those of Louis, July 26, and December 6. Reresby's Mem. 272. Com. Journ. May 27, 29, 1685. Lonsdale, 5, 8. 3 Burnet, 38. Barillon, in Fox, App. 90, 95, All arts were used to obtain such returns as would form a parliament to the king's mind, and complaints were transmitted from all parts of England of the injustice and violence used in the elections, beyond what had ever been practised in former times. The parliament was assembled on the 19th of May, 1685, and the foregoing "methods were so successful, that when the members were all returned, the king said there were not above forty members but such as he wished;"-in truth, most of them were furious and violent courtiers, and seemed resolved to recommend themselves to the king by putting everything in his power. This gave all thinking men a melancholy prospect. JAMES II. 1685-1689. Interference with the parliamentary elective franchise. first parliament. "All people saw the way for packing a parliament. A Character of the new set of charters and corporation men, if those now named should not continue to be compliant, was a certain remedy to which recourse might be had. Of this parliament it was said, that in all England, it would not have been easy to find five hundred so weak, so poor, and so devoted to the court as those were." The king, on the meeting of parliament, repeated the declaration which he had made to the privy council, of governing according to the laws, and preserving the established religion, and stated his expectation, that they would settle on him for life the revenue which had been enjoyed by his brother. "I might use many arguments," said he, "to enforce this demand; the benefit of trade,-the support of the navy,-the necessities of the crown,-and the well being of the government itself, which I must not suffer to be precarious. But I am confident, that your own consideration and your sense of what is just and reasonable, will suggest to you whatever on this occasion might be enlarged upon. There is, indeed, one popular argument," added he, " which may be urged against compliance with my demand: men may think that by feeding me from time to time with such supplies as they think convenient, they will better secure frequent meetings of parliament: but as this is the first time I speak to you from the throne, I must plainly tell you, that such an expedient would be very improper to employ with me, and that the best way to engage me to meet you often, is always to use me well." 214 Lords' Journ. 9. 8 Hume, 220, 221. The king's threat trary powers. to assume arbi JAMES II. 1685-1689. Power is to be watched in its first encroachments, and nothing is gained by timidity and submission. A supply required, to support a standing army. This can only be considered as a public manifestation of contempt for the laws, a threat to assume arbitrary power, and an attempt to intimidate all oppositionists;-but for such a "gracious disposition," the members of that degraded House of Commons, rent the air with their sycophantic yells3,—and more fully to evince their gratitude, abstained from any complaint as to the king's illegal exaction of duties, and his pecuniary wishes were complied with to a greater extent than he had required*. It might be urged that the commons were desirous of conciliating their new sovereign', but it should have been remembered, that power is to be watched in its very first encroachments, and that nothing is gained by timidity and submission; that every concession adds new force to usurpation; and, at the same time, by discovering a dastardly spirit, inspires the enemy with new courage and enterprise. The ill success which had attended the rebellion of Monmouth, inspired the king with boldness to pursue his vile machinations:-accordingly parliament was summoned, in order to acquire its consent to the establishment of a standing army, the employment of Roman Catholic officers',-and a repeal of the Habeas Corpus ActR. From the employment of Roman Catholic officers in the army, the suspicions of his intentions to subvert the esta blished religion, excited universal fears, and the commons were called upon by their constituents, to support the constitution'. The king acquainted the two Houses, that the militia, which had formerly been so much magnified, was now found, by experience in the last rebellion, to be altogether useless; and he required a new supply, in order to maintain those additional forces which he had levied. He also took notice, that he had employed a great many Catholic officers, and that he had, in their favour, dispensed with the law, requiring the "test" to be taken, by every one that possessed any public office and to cut short all opposition, he declared, that, having reaped the benefit of their service during such times 3 3 Evelyn, 159. 5 8 Hume, 221, 222. 7 8 Lingard, 352. 4 14 Lords' Journ. 21, 44, 65. Lonsdale, 64. • Lonsdale's Memoirs, 13. Reresby, 110. Dalrymple, 166, 170, 171, 177. Barillon, in Fox, App. 93, 127. 8 Lingard, 353. Barillon, in Fox, 132, 135. 3 Burnet, 81. of danger, he was determined, neither to expose them afterwards to disgrace, nor himself, in case of another rebellion, to the want of their assistance 1o. The House of Commons considered the speech by paragraphs, and resolved to grant a supply; but at the same time, that they might mark their disapprobation of the measure suggested by the king, accompanied it with a bill for the improvement of the militia. Instead of assenting to his proposal in favour of the Roman Catholic officers, they promised to relieve them from the penalties by a bill of indemnity, and prayed him, since to keep them in employment was to dispense with the law without authority of parliament, to give such orders for their discharge as might remove all apprehension and jealousy from the hearts of his faithful subjects. Before this address was presented, 700,000l. was voted as a present supply. The king, when the address was presented, denied its prayer with intemperate language; the commons, with a vile spirit, submissively proceeded to the consideration of the supply, and established funds for its payment". The lords then commenced an opposition to the measures of the crown, the Bishop of London successfully moving the appointment of a day for taking the king's speech into consideration; but such was the disappointment and vexation of the king, that he prorogued the parliament; and when he found, by private "closetings," it was impossible to make them his instruments, for the destruction of the church, they were dissolved; and a universal belief was then engendered, he meant to govern the country without parliaments 12. 3. Prerogative of "Dispensation.” James being determined to rely upon his prerogative of dispensation," patents under the great seal were issued, discharging the Roman Catholic officers in the army, from the penalties to which they were liable, by Stat. 25 Charles II. c. 2, 10 8 Hume, 239. 11 Com. Journ. Nov. 12, 13, 16, 17, 18, 20, 1685. 129-141, 146. Reresby, 215-220. 3 Burnet, 85. Parl. Hist. 1367-1368. Barillon, in Fox, 12 14 Lords' Journ. 88. Reresby, 220, 222. 3 Burnet, 85. Dalrymple, 172. 8 Lingard, 360. JAMES II. 1685-1689. Parliament request the disCatholic officers. charge of Roman Opposition by tyranny of the the lords to the crown. |