CHAPTER XIII.

THE STUART PERIOD (1603-1688)—1. FROM THE ACCESSION

OF JAMES I. TO THE PASSING OF THE PETITION OF RIGHT.

JAMES I. (1603-1625)-Tendency of political and religious thought at his

accession-The Puritan Party-Effect of James's Presbyterian educa-

tion-His political antipathy to Nonconformity-Arbitrary nature

of his civil government-Theory of Divine Right-A conflict with

the House of Commons inevitable-James is the aggressor-First

Parliament, 1604-Sess. I. Privileges of Commons vindicated-

Complaints of grievances-Commons' justification of their proceed-

ings-Sess. II. and III. 1605-7. Expulsion of Sir Christopher Pigott

-Proposed Union between England and Scotland-The Post-nati :-

Calvin's case-Intermission of Parliament, 1607-10-Illegal imposi-

tions on Merchandise-Bate's case, 1606-The "Book of Rates,"

1608-Sess. IV. 1610. Remonstrance against impositions-Com-

plaints against High Commission Court and Royal Proclamations--

Cowell's" Interpreter "-King James's proclamation suppressing it

-Answer of the Judges as to legality of Proclamations-The "Great

Contract"-Sess. V. 1610. Parliament dissolved, Feb. 1611-

James attempts to rule without Parliament-His method of raising

money-His financial difficulties-The "Undertakers "-Second

Parliament, 1614. Impositions denounced-Bishop Neile-Dissolu-

tion of the "Addled Parliament," June 1614-Members sent to the

Tower-Importance of the Step-Six Years of arbitrary government

-A General Benevolence-Protests against it-Imprisonment of

Oliver St. John-Prosecution of Peacham, 1615-Collision between the

King and Chief Justice Coke-Case of Commendams, 1616—Indepen-

dence of the Bar assailed-Dismissal of Coke from the Chief Justice-

ship-His disgrace an historical landmark-Foreign policy of

James-Third Parliament, 1621. Sess. I. Revival of impeachments

-Impeachments of Mompesson, Mitchell, and Lord Chancellor Bacon,

1621, and of the Earl of Middlesex, 1624-Later cases of impeachment

-Violent proceedings against Floyd-Sess. II. Prosecution of Coke

and Sandys-Irritation of the Commons-Petition against Popery

and the Spanish match-James forbids the House to meddle with

mysteries of State-Remonstrance of the Commons-The King's

reply-Protestation of Dec. 18, 1621-Parliament dissolved, Feb.

1622-Imprisonment of Members-Fourth Parliament, 1624. Act

against Monopolies-Constitutional results of James's Reign-

CHARLES I. (1625–1649)—His political character-First Parliament,

1625. Its dissolution, August 1625-Opposition to Buckingham—

Speech of Sir R. Cotton-Second Parliament, 1626. Impeachment of

Buckingham-The King's message-Reply of the Commons-Im-

prisonment of Members-Attack on Privileges of the Lords-Earl of

Arundel-Earl of Bristol-Hasty Dissolution, June 1626-Expedients

to raise money-A general loan demanded and enforced-Darnel's

case, 1627-War with France-Third Parliament, 1628. Sess. I.

The King's Speech-Committee of grievances-Commons' resolutions

-Conference with the Lords-Speech of Sir Edward Coke-Petition of

Right drawn up by the Commons-The Lords propose an amendment

which is discussed and rejected-The King consults the Judges-

The King's first answer-The Royal Assent given in due form-

Text of PETITION OF RIGHT, with Notes-Subsidies granted-Tonnage

and Poundage-Prorogation of Parliament-Sess. II. 1629. Mer-

chants imprisoned for refusing to pay Tonnage and Poundage

-Copies of Petition of Right circulated with King's first answer

annexed-Selden complains to the House-Question of Privilege,

Rolle's case-Charles renounces right to levy Tonnage and Poundage

-Conservative position of the Commons in politics and in Religion-

Position taken up by the King and Laud in the religious controversy

-Toleration unthought of by either party-Question of Tonnage

and Poundage resumed-The officers who seized Rolle's goods

summoned-King refuses to allow them to be questioned, and

orders the Commons to adjourn-A further adjournment ordered-

The Commons refuse-Tumult in the House-The three Resolutions

of the Commons-Dissolution of Parliament, March 1629

PP. 385-437

CHAPTER XIV.

THE STUART PERIOD-II. FROM THE PETITION OF RIGHT

TO THE RESTORATION (1629-1660).

Determination of Charles I. to govern without a Parliament-Imprison-

ment of Sir John Eliot, Selden, and other members of the Commons-

Some of the Popular party accept office-Eleven years of Despotic

Government-Expedients to raise a revenue-Royal Proclamations

-Servility of the Judges-Punishments inflicted by Star Chamber-

Cases of Bishop Williams and Osbaldiston-Leighton-Lilburne-

Sion's Plea against Prelacy"-Prynne, Burton, and Bastwick-

Case of Ship-money-First Writ of Ship-money, 1634-Second writ,

1635-Resistance to the collection-Third writ, 1636-Hampden's

refusal to pay-Extra-judicial opinions of the Judges--Arguments

on the case-Judgment for the Crown-Clarendon's opinion of the

effects of the Judgment-The Scottish Rebellion-Distress of the

Government-The Short Parliament, 1640. Its moderation and

loyalty-Demand of an immediate supply-The Commons insist on

redress of grievances-Speech of Edmund Waller-Conference with

the Lords on grievances-Exclusive right of Commons to initiate

Money Bills-Amendments to Money Bills by the Lords—Charles

offers to give up Ship-money for twelve subsidies-The Commons

decline to purchase immunity from an illegal imposition-Speech

of Secretary Vane-Parliament dissolved after three weeks' session

-Effect of the dissolution-The King resumes his despotic courses

-Convocation continued-promulgates a new set of Canons-New

oath for preventing Innovations in Religion-Failure of Military

operations against the Scots-Great Council of Peers at York-

The Long Parliament, 1640. Its characteristics-Speech of Pym on

the state of the Kingdom-Impeachment of Strafford-His execution

under a bill of Attainder, 1641-Impeachment of Laud, Finch, Winde-

bank, and others-Victims of the Star Chamber released-Assistance

voted to the Scots-Salutary Acts of the Long Parliament-Triennial

Act-Tonnage and Poundage not to be levied without consent-

Ship-money abolished-Star Chamber abolished-High Commission

Court abolished-Purveyance restricted-Compulsory Knighthood

abolished-Extension of Royal Forests annulled-Impressment

declared illegal-Note on Impressment-Acts against Dissolution of

Parliament without its own consent, and to disable the Clergy from

exercising temporal jurisdiction-Adjournment of the Parliament-

Schism in the Constitutional Party-Defections from the Popular

ranks-The King's view as to invalidity of statutes [passed without

his internal assent]-The Parliamentary leaders apprehensive of

danger and resolve to appeal to the People-Journey of the King

to Edinburgh-Its object-Negotiations for giving office to

popular leaders-Alarm caused by the "Incident" in Scotland,

and the Rebellion in Ireland-Re-assembling of Parliament, Oct.

1641-Motion of Pym on the new Army Plot-The Grand Remon-

strance laid on table of the House-organised Court opposition to it

--Seven days' debate-The final debate-The Remonstrance

the

the

carried by eleven votes-Character of its contents--Motion to print

Remonstrance-Protest of Mr. Palmer-Impeachment and

attempted Arrest of the Five Members-Its critical nature-Question

of the Militia-End of the Constitutional contests between Charles I.

and his Parliament-The Revolutionary Period, 1642-1660-Results

of the Revolutionary Period--Note on Collisions between the two

Houses
PP. 438-481

CHAPTER XV.

THE STUART PERIOD-III. FROM THE RESTORATION TO THE

PASSING OF THE BILL OF RIGHTS (1660–1689).

CHARLES II. (1660-1685). Chief Constitutional statutes of his reign-

Abolition of Military tenures-Hereditary excise granted in ex-

change-Act against tumultuous petitioning-Right of Subject to

petition the Crown and Parliament-Its historical development-

Appropriation of supplies-Growth of National Debt-Lord Goschen's

Changes-Commission of Public Accounts-Habeas Corpus Act, 1679

-Ancient remedies for illegal detention-Their inadequacy-

Abortive attempts at a remedy—Jenks's case, 1676—Provisions of

the Habeas Corpus Act, 1679-Its defects-Remedied by Bill of

Rights and Statute 56 Geo. III. c. 100-Acts against Nonconformist

-Corporation Act, 1661-Test Act, 1673-Events which led to its

being passed-Bill for relief of dissenters-Parliamentary Test Act,

1678-Act of Uniformity, 1662-Conventicle Act, 1664-Five Mile

Act, 1665-Persecution of Nonconformists-Attempts at compre-

hension-Origin of the Whig and Tory parties-and of their names

-Differences in principle between the two parties-The Exclusion

Bill-Its failure, and prostration of the Whigs-Despotic power of

Charles II. during the last years of his reign-JAMES II. (1685-1688).

His despotic designs-Circumstances favourable to them-Illegal

levy of the Customs-A Parliament summoned-Its servile character

-Its opposition to the King's design to overthrow the Test Act

punished by prorogation and ultimate dissolution-increase of the

Standing Army-Growth of Standing Army-The Dispensing power

-Hale's case-Deprivation of the Vice-Chancellor of Cambridge-

Expulsion of the Fellows of Magdalen College, Oxford-New High

Commission Court-The King's declaration for liberty of Conscience

-Its motive-It is generally resisted by the Nonconformists-

Second Declaration of Indulgence-Ordered to be read in all Churches

-Imprisonment and persecution of the Seven Bishops--Invitation to

William, Prince of Orange-James endeavours to retrace his steps-

Efforts of Louis XIV. on his behalf-Landing of the Prince of Orange

-Flight of James-William is requested to assume the provisional

government-The Convention Parliament-Parties in the nation-

Resolutions of the Commons-Opposition in the Lords-William

announces his intentions-The Lords give way, and vote that

William and Mary be proclaimed King and Queen-The Commons

suggest conditions-Postponement of reforms-Declaration of Right

-Tender and acceptance of the Crown-The Scottish Convention-

Salutary Consequences of the Revolution-Text of the BILL OF

RIGHTS, with notes

PP. 482-518

CHAPTER XVI.

PROGRESS OF THE CONSTITUTION SINCE THE REVOLUTION.

The Act of Settlement: The Cabinet System.

or

The Legal Code of the Constitution-Growth of the Unwritten

Customary Constitution--Text of the ACT OF SETTLEMENT, with notes

-Law of Aliens-Growth of the Cabinet-The Concilium Ordinarium

--The Privy Council-Cabinet Council--The "Cabal" Ministry,

1671--Temple's Scheme for reorganisation of the Privy Council,

1679-The Cabinet System resumed-Change in its essential charac-

teristics-Party Government-William III. opposed to it-but

adopts it on advice of Sunderland—“ The Junto"-Attempted

revival of ancient authority of Privy Council by Act of Settlement

--Queen Anne's dislike of party government-Final Establishment

of the Cabinet system under the first two Georges---Important

effects of their indifference to English politics-Macaulay's descrip-

tion of the Ministerial system-Ministry and Cabinet not synonymous

-Cabinet Council distinct from Privy Council-Essential

Ministers should be members of the Legislature-Secrecy of the

Cabinet-The Premier-Relations of the Cabinet to the Crown and

to Parliament; to the House of Lords; and to the House of Commons

-Three-fold capacity of Cabinet Minister-Internal relations of the

Cabinet-Of each member to the Cabinet as a whole, and to its head

-Increased security of the Crown and of ministers under Cabinet

system--Exclusion of placemen and pensioners from the House

of Commons-The "Place Bill of 1742-Lord Rockingham's Civil

List Act, 1782-Secret Pensions-Exclusion of the Judges from

House of Commons.
PP. 519-539

that

CHAPTER XVII.

PROGRESS OF THE CONSTITUTION SINCE THE REVOLUTION

-(continued).

I. Kingship since the Revolution.

Legal prerogatives of the Crown untouched at the Revolution-but now

practically vested in its responsible Ministers-Note on Convocation

-Personal influence of the Sovereign--Causes which tended to induce

its decline-Reaches its lowest point under George I. and George II.

-Long struggle of George III. against the Ministerial System-

Character of the King-Disastrous effects of his policy-His wretched

education-His determination to govern-His secret counsellors—

Premiership of Lord Bute, 1762-His sudden fall-Continued secret

influence-Ultimate dismissal from Court-Arbitrary measures of

the King during the Bute and Grenville ministries-The Rockingham

ministry, 1765-Organised opposition in Parliament by the "King's

friends to repeal of the Stamp Act-Ministry of Grafton and Pitt,

1766-Influence of the King attains its maximum during Lord

North's Ministry, 1770-82-The Royal veto-Mr. Dunning's Resolu-

tions on the influence of the Crown, 1780-Fall of Lord North's

Ministry, 1782-Rockingham again Premier-Ministry of Lord

Shelburne, 1782-The Coalition Ministry, 1783-Opposition of the

King's friends" to Fox's India Bill, 1783-Declaration of the

Commons against the Use of the King's name-Abrupt dismissal of
the Coalition Ministry, 1783-Critical relations of the King and
Parliament -- Pitt premier, 1783-General election of 1784-

Triumph of Pitt and the King-The King's personal influence dimi-

nished-but still very powerful-Diminution of personal influence

of the sovereign since the reign of George III.-Its occasional

assertion-Sudden dismissal of Lord Melbourne's Ministry by

William IV., 1834--Short Premiership of Sir Robert Peel, followed

by recall of the Melbourne Ministry, 1835-The "Bedchamber

question," 1839-Sir Robert Peel's Resolution of want of confidence

in the Ministry, 1841-He becomes Premier-The Queen's Memo-

randum on the relations of a Secretary of State to the Crown, 1850-

Constitutional right of dismissing a Minister-asserted in the

removal of Lord Palmerston from the foreign Secretaryship, 1851

-Increased power of the Executive-Revenues of the Crown-The

Civil list-Crown lands-Private property of the Sovereign

PP. 540-558

II. The House of Lords.

Number of Peers-Rapid increase under the Stuart Kings-Addition of

Sixteen Representative peers of Scotland in 1707-Attempts to

limit the prerogative of creating peers-Profuse creations under

George III.-Pitt and the Peerage-Addition of Twenty-eight Repre-

sentative peers of Ireland in 1801-The Peerages of Scotland and

Ireland-Changes in Character and Composition of House of Lords-

Its political position-Its opposition to the Reform Bills of 1831-32

-overcome by threatened creation of peers-Earl Grey's vindica-

tion of the proposed creation-An extraordinary creation of peers

equivalent to a dissolution of the House of Commons-Political

Weight of the Upper House affected by small attendance and in-

difference to public business of great body of its members, and by

practice of giving proxies-Proxies discontinued since 1868—

Attempts to revive life peerages
· PP. 558-564

III. The House of Commons.

Number of members-Defects of the Representative system-Scottish
representation-Irish representation-Bribery of members-Parlia-
mentary Reform advocated by Lord Chatham in 1766--Wilkes's
scheme of reform, 1776-Mr. Pitt's advocacy of reform, `1782-85—
The question revived after the peace of 1815-Passing of the Reform
Act of 1832-The principal provisions-The Scotch and Irish Reform
Acts, 1832-The Reform Act of 1867-Scotch and Irish Reform Acts,
1868-Electors of the United Kingdom--Suppression of bribery and
intimidation at Elections-The Ballot Act, 1872-Summons, duration
and intermission of Parliament-The Parliament of 1399-Convention
Parliament of 1660-Convention Parliament of 1688-Triennial
Act, 1641-Triennial Act, 1694-Septennial Act, 1716-Attempts to
repeal the Septennial Act-Abrogation of old rule that Parliament
was dissolved by death of the Sovereign-Privilege of Parliament
since the Revolution-sometimes wielded by the Executive for
oppression of popular liberty-Expulsion of Sir R. Steele, 1714-
Proceedings against Wilkes, 1763-His expulsion from the House
-Declared incapable of re-election, 1768-The declaration ex-
punged from the Journal of the Commons, 1782—Disqualification of
Members-Cases of Smith O'Brien, 1849, O'Donovan Rossa, 1870,
John Mitchell, 1875-Abuse of Privilege of Commitment-Case of the
Printer Mist, 1721-Case of Mr. Alex. Murray, 1751-Case of Sir
Francis Burdett, 1810-Publication of Debates-Motives for Secrecy
-The "Diurnal Occurrences of Parliament": 1641-1660-Votes
and proceedings ordered to be printed, 1680-Debates published