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
England might not do their duty, for the good and safety of the
kingdom, in such a way as they may, if they cannot do it in such a way
as they would and most desire."[388]
After the violent seclusion of the constitutional party from the House
of Commons, on the 6th of December 1648, very few, not generally more
than five, peers continued to meet. Their number was suddenly
increased to twelve on the 2nd of January; when the vote of the
Commons that it is high treason in the King of England for the time
being to levy war against parliament, and the ordinance constituting
the high court of justice, were sent up for their concurrence. These
were unanimously rejected with more spirit than some, at least, of
their number might be expected to display. Yet, as if apprehensive of
giving too much umbrage, they voted at their next meeting to prepare
an ordinance, making it treasonable for any future king of England to
levy war against the parliament--a measure quite as unconstitutional
as that they had rejected. They continued to linger on the verge of
annihilation during the month, making petty orders about writs of
error, from four to six being present: they even met on the 30th of
January. On the 1st of February, six peers forming the house, it was
moved, "that they would take into consideration the settlement of the
government of England and Ireland, in this present conjuncture of
things upon the death of the king;" and ordered that these Lords
following (naming those present and three more) be appointed to join
with a proportionable number of the House of Commons for that purpose.
Soon after, the speaker acquainted the house that he had that morning
received a letter from the Earl of Northumberland, with a paper
enclosed, of very great concernment; and for the present the house
ordered that it should be sealed up with the speaker's seal. This
probably related to the impending dissolution of their house; for they
found next day that their messengers sent to the Commons had not been
admitted. They persisted, however, in meeting till the 6th, when they
made a trifling order, and adjourned "till ten o'clock to-morrow."[389]
That morrow was the 25th of April 1660. For the Commons, having the
same day rejected, by a majority of forty-four to twenty-nine, a
motion that they would take the advice of the House of Lords in the
exercise of the legislative power, resolved that the House of Peers
was useless and dangerous, and ought to be abolished.[390] It should
be noticed that there was no intention of taking away the dignity of
peerage; the Lords, throughout the whole duration of the commonwealth,
retained their titles, not only in common usage, but in all legal and
parliamentary documents. The Earl of Pembroke, basest among the base,
condescended to sit in the House of Commons as knight for the county
of Berks; and was received, notwithstanding his proverbial meanness
and stupidity, with such excessive honour as displayed the character
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