Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
The great question that has been brought forward at the end of the
last chapter, concerning the right and usage of election in boroughs,
was perhaps of less practical importance in the reign of Charles the
Second than we might at first imagine, or than it might become in the
present age. Whoever might be the legal electors, it is undoubted that
a great preponderance was virtually lodged in the select body of
corporations. It was the knowledge of this that produced the
corporation act soon after the restoration, to exclude the
presbyterians, and the more violent measures of quo warranto at the
end of Charles's reign. If by placing creatures of the court in
municipal offices, or by intimidating the former corporators through
apprehensions of forfeiting their common property and lucrative
privileges, what was called a loyal parliament could be procured, the
business of government, both as to supply and enactment or repeal of
laws, would be carried on far more smoothly, and with less scandal
than by their entire disuse. Few of those who assumed the name of
tories were prepared to sacrifice the ancient fundamental forms of the
constitution. They thought it equally necessary that a parliament
should exist, and that it should have no will of its own, or none at
least, except for the preservation of that ascendancy of the
established religion which even their loyalty would not consent to
surrender.
_Designs of the king._--It is not easy to determine whether James II.
had resolved to complete his schemes of arbitrary government by
setting aside even the nominal concurrence of the two houses of
parliament in legislative enactments, and especially in levying money
on his subjects. Lord Halifax had given him much offence towards the
close of the late reign, and was considered from thenceforth as a man
unfit to be employed, because in the cabinet, on a question whether
the people of New England should be ruled in future by an assembly or
by the absolute pleasure of the Crown, he had spoken very freely
against unlimited monarchy.[75] James indeed could hardly avoid
perceiving that the constant acquiescence of an English House of
Commons in the measures proposed to it, a respectful abstinence from
all intermeddling with the administration of affairs, could never be
relied upon or obtained at all, without much of that dexterous
management and influence which he thought it both unworthy and
impolitic to exert. It seems clearly that he had determined on trying
their obedience merely as an experiment, and by no means to put his
authority in any manner within their control. Hence he took the bold
step of issuing a proclamation for the payment of customs, which by
law expired at the late king's death;[76] and Barillon mentions
several times, that he was resolved to continue in the possession of
the revenue, whether the parliament should grant it or no. He was
equally decided not to accept it for a limited time. This, as his
Public-domain text, read in full here on John Shaqi.
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