A Student's History of England, v. 2: 1509-1689: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 2: 1509-1689: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
7. =Breach between Parliament and King. 1685.=--When the Houses,
which had adjourned when the king went into the West, met again on
November 9, James informed them not only that he had appointed
officers disqualified by law, but that he was determined not to part
with them. The House of Commons, the most loyal House that had ever
been chosen, remonstrated with him, and there were signs that the
Lords intended to support the remonstrance. On November 20 James
prorogued Parliament.
8. =The Dispensing Power. 1686.=--Like his father, James liked to
think that, when he broke the laws, he was acting legally, and he
remembered that the Crown had, in former days, exercised a power of
dispensing with the execution of the laws (see p. 604). This power
had, indeed, been questioned by the Parliament in =1673= (see p.
606), but there was no statute or legal judgment declaring it to be
forbidden by law. James now wanted to get a decision from the judges
that he possessed the dispensing power, and when he found that four
of the judges disagreed with him, he replaced them by four judges
who would decide in his favour. Having thus packed the Bench, he
procured the bringing of a collusive action against Sir Edward
Hales, who, having been appointed an officer in the army, had, as a
Catholic, refused to take the test. Hales produced a dispensation
from the king, and, on June 21, =1686=, the judges decided that such
dispensations freed those who received them from the penalties
imposed by any laws whatever.
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