Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Act against dissolution of parliament without its consent._--The same
distrustful temper, blamable in nothing but its excess, drew the House
of Commons into a measure more unconstitutional than the attainder of
Strafford, the bill enacting that they should not be dissolved without
their own consent. Whether or not this had been previously meditated
by the leaders is uncertain; but the circumstances under which it was
adopted display all the blind precipitancy of fear. A scheme for
bringing up the army from the north of England to overawe parliament
had been discoursed of, or rather in a great measure concerted, by
some young courtiers and military men. The imperfection and
indefiniteness of the evidence obtained respecting this plot
increased, as often happens, the apprehensions of the Commons. Yet,
difficult as it might be to fix its proper character between a loose
project and a deliberate conspiracy, this at least was hardly to be
denied, that the king had listened to and approved a proposal of
appealing from the representatives of his people to a military
force.[185] Their greatest danger was a sudden dissolution. The
triennial bill afforded indeed a valuable security for the future. Yet
if the present parliament had been broken with any circumstances of
violence, it might justly seem very hazardous to confide in the right
of spontaneous election reserved to the people by that statute, which
the Crown would have three years to defeat. A rapid impulse, rather
than any concerted resolution, appears to have dictated this hardy
encroachment on the prerogative. The bill against the dissolution of
the present parliament without its own consent was resolved in a
committee on the fifth of May, brought in the next day, and sent to
the Lords on the seventh. The upper house, in a conference the same
day, urged a very wise and constitutional amendment, limiting its
duration to the term of two years. But the Commons adhering to their
original provisions, the bill was passed by both houses on the
eighth.[186] Thus, in the space of three days from the first
suggestion, an alteration was made in the frame of our polity, which
rendered the House of Commons equally independent of their sovereign
and their constituents; and, if it could be supposed capable of being
maintained in more tranquil times, would, in the theory at least of
speculative politics, have gradually converted the government into
something like a Dutch aristocracy. The ostensible pretext was, that
money could not be borrowed on the authority of resolutions of
parliament, until some security was furnished to the creditors, that
those whom they were to trust should have a permanent existence. This
argument would have gone a great way, and was capable of an answer;
since the money might have been borrowed on the authority of the whole
legislature. But the chief motive, unquestionably, was a just
apprehension of the king's intention to overthrow the parliament, and
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