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
It has been a frequent reproach to the conductors of this great
revolution, that the king was restored without those terms and
limitations which might secure the nation against his abuse of their
confidence; and this, not only by contemporaries who had suffered by
the political and religious changes consequent on the restoration, or
those who, in after times, have written with some prepossession
against the English church and constitutional monarchy, but by the
most temperate and reasonable men; so that it has become almost
regular to cast on the convention parliament, and more especially on
Monk, the imputation of having abandoned public liberty, and brought
on, by their inconsiderate loyalty or self-interested treachery, the
misgovernment of the two last Stuarts, and the necessity of their
ultimate expulsion. But, as this is a very material part of our
history, and those who pronounce upon it have not always a very
distinct notion either of what was or what could have been done, it
may be worth while to consider the matter somewhat more analytically;
confining myself, it is to be observed, in the present chapter, to
what took place before the king's personal assumption of the
government on the 29th of May 1660. The subsequent proceedings of the
convention parliament fall within another period.
We may remark, in the first place, that the unconditional restoration
of Charles the Second is sometimes spoken of in too hyperbolical
language, as if he had come in as a sort of conqueror, with the laws
and liberties of the people at his discretion. Yet he was restored to
nothing but the bounded prerogatives of a king of England; bounded by
every ancient and modern statute, including those of the long
parliament, which had been enacted for the subjects' security. If it
be true, as I have elsewhere observed, that the long parliament, in
the year 1641, had established, in its most essential parts, our
existing constitution, it can hardly be maintained that fresh
limitations and additional securities were absolutely indispensable,
before the most fundamental of all its principles, the government by
King, Lords, and Commons, could be permitted to take its regular
course. Those who so vehemently reprobate the want of conditions at
the restoration would do well to point out what conditions should have
been imposed, and what mischiefs they can probably trace from their
omission.[512] They should be able also to prove that, in the
circumstances of the time, it was quite as feasible and convenient to
make certain secure and obligatory provisions the terms of the king's
restoration, as seems to be taken for granted.
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