The History of England, from the Accession of James II — Volume 3Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 3
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
These arguments would have had considerable weight, even if every
precedent had been on the other side. But in truth our history afforded
only one precedent which was at all in point; and that precedent
was decisive in favour of the doctrine that royal writs are not
indispensably necessary to the existence of a Parliament. No royal writ
had summoned the Convention which recalled Charles the Second. Yet
that Convention had, after his Restoration, continued to sit and to
legislate, had settled the revenue, had passed an Act of amnesty, had
abolished the feudal tenures. These proceedings had been sanctioned by
authority of which no party in the state could speak without reverence.
Hale had borne a considerable share in them, and had always maintained
that they were strictly legal. Clarendon, little as he was inclined to
favour any doctrine derogatory to the rights of the Crown, or to the
dignity of that seal of which he was keeper, had declared that, since
God had, at a most critical conjuncture, given the nation a good
Parliament, it would be the height of folly to look for technical flaws
in the instrument by which that Parliament was called together. Would
it be pretended by any Tory that the Convention of 1660 had a more
respectable origin than the Convention of 1689? Was not a letter written
by the first Prince of the Blood, at the request of the whole peerage,
and of hundreds of gentlemen who had represented counties and towns, at
least as good a warrant as a vote of the Rump?
Public-domain text, read in full here on John Shaqi.
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