Chapter I: The Foundations of the Constitution (2)

*20. Other Councils: The Star Chamber.*--In 1487 there was created a special tribunal, consisting at the outset of seven great officials and members of the Council, including two judges, to take special cognizance of cases involving breaches of the law by offenders who were too powerful to be reached under the operation of the ordinary courts. This was the tribunal subsequently known, from its meeting-place, as the Court of Star Chamber. In effect it was from the beginning a committee of the Privy Council, empowered to exercise a jurisdiction which in truth had long been exercised extra-legally by the Council as a whole. The relation of the two institutions inclined in practice to become ever closer, and by the middle of the sixteenth century the Star Chamber had been enlarged to include all of the members of the Council, together with the two chief justices; and since the Star Chamber possessed a statutory sanction which the Council lacked, the judicial business of the older body was despatched regularly by its members sitting under the guise of the newer one. The tendency of the Tudor régime toward the conciliar type of government is manifested further by the creation of numerous subsidiary councils and courts whose history cannot be recounted here. Most of these were brought into existence during the reign of Henry VIII. Those of principal importance were (1) the Council of the North, set up in 1539; (2) the Council of Wales, confirmed by statute of 1542; (3) the Court of Castle Chamber, reproducing in Ireland the principal features of the English Star Chamber; (4) the Courts of Augmentation, First Fruits and Annates, and Wards; and (5) the Elizabethan Court of High Commission.[20]

[Footnote 20: A. T. Carter, Outlines of English
Legal History (London, 1899), Chap. 12; A. Todd,
Parliamentary Government in England, ed. by S.
Walpole, 2 vols. (London, 1892), I., Chap. 2;
Dicey, The Privy Council, 94-115.]

VII. PARLIAMENT UNDER THE TUDORS (p. 021)

*21. Control by the Crown.*--By the Tudors generally, and especially Henry VIII. and Elizabeth, Parliament was regarded as a tool to be used by the crown, rather than as in any sense an independent, co-ordinate power in the state. When innovations were to be introduced, such as those carried through by Henry VIII., it was Tudor policy to clothe them with the vestments of parliamentarism, to the end that they might be given the appearance and the sanction of popular measures; and when subsidies were to be obtained, it was recognized to be expedient to impart to them, in similar manner, the semblance of voluntary gifts on the part of the nation. It was no part of Tudor intent, however, that Parliament should be permitted to initiate measures, or even to exercise any actual discretion in the adoption, amendment, or rejection of proposals submitted by the Government. There were several means by which the crown contrived to impede the rise of Parliament above the subordinate position which that body occupied at the accession of Henry VII. One was the practice of convening Parliament irregularly and infrequently and of bringing its sessions to an early close. Another, employed especially during Thomas Cromwell's ministry under Henry VIII. and during the reign of Elizabeth, was that of tampering with the freedom of borough and county elections. A third was the habit, also notorious under Henry VIII. and Elizabeth, of dictating and directing in all that was essential in the proceedings of the chambers. Henry VIII. bullied his parliaments systematically; Elizabeth, by cajolery, flattery, deceit, and other arts of which she was mistress, attained through less boisterous methods the same general end. Measures were thrust upon the chambers accompanied by peremptory demand for their enactment; objectionable projects originated by private members were stifled; and the fundamental parliamentary privileges of free speech, freedom from arrest, and access to the sovereign were arbitrarily suspended or otherwise flagrantly violated.

*22. The Independence of the Crown.*--Finally must be mentioned certain devices by which the crown was enabled to evade limitations theoretically imposed by Parliament's recognized authority. One of these was the issuing of proclamations. In the sixteenth century it was generally maintained that the sovereign, acting alone or with the advice of the Council, could issue proclamations controlling the liberty of the subject, so long as such edicts did not violate statute or common law. As a corollary, it was maintained also that the crown could dispense with the action of law in individual cases and at (p. 022) times of crisis. The range covered by these prerogatives was broad and undefined, and in the hands of an aggressive monarch they constituted a serious invasion of the powers of legislation nominally vested in Parliament. It is true that the act of 1539 imparting to royal proclamations the force of law was repealed in 1547; but proclamations continued, especially under Elizabeth and James I., not only to be numerous, but to be enforced relentlessly by penalties inflicted through the Star Chamber. The most important power of Parliament in the sixteenth century was still that of voting supplies. But in respect to finance, as in respect to legislation, the crown possessed effective means of evading parliamentary control. In the first place, the sovereign possessed large revenues, arising from crown lands, feudal rights, profits of jurisdiction, and ecclesiastical payments, with which Parliament had nothing whatever to do. In the second place, the great indirect taxes--customs duties and tonnage and poundage--were, in the sixteenth century, voted at the accession of a sovereign for the whole of the reign. It was only in respect to extraordinary taxes--"subsidies" and "tenths and fifteenths"--that Parliament was in a position effectually to make or mar the fiscal fortunes of the Government; except that, of course, it was always open to Parliament to criticise the financial expedients of the crown, such as the sale of monopolies, the levy of "impositions," and the collection of benevolences, and to influence, if it could, the policy pursued in relation to these matters.

*23. The House of Lords in 1485.*--Despite the numerous strictures that have been mentioned, Parliament in the Tudor period by no means stood still. The enormous power and independence exhibited by the chambers, especially the Commons, in the seventeenth century was the product of substantial, if more or less hidden, growth during the previous one hundred and fifty years. The composition of the two houses at the accession of Henry VII. was not clearly defined. The House of Lords was but a small body. It comprised simply those lords, temporal and spiritual, who were entitled to receive from the king, when a parliament was to be held, a special writ, i.e., an individual summons. The number of these was indeterminate. The right of the archbishops, the bishops, and the abbots to be summoned was immemorial and indisputable, although the abbots in practice evaded their obligation of attendance, save in cases in which it could be shown that as military tenants of the crown they were obligated to perform parliamentary duty. Among the lay nobility the selection of individuals for summons seems originally to have been dependent upon the royal pleasure. Eventually, however, the principle became (p. 023) fixed that a man once summoned must be summoned whenever occasion should arise, and that, furthermore, his eldest son after him must be summoned in similar manner. What was at the outset an obligation became in time a privilege and a distinction, and by the day when it did so the rule had become legally established that the king could not withhold a writ of summons from the heir of a person who had been once summoned and had obeyed the summons by taking his seat. During the fourteenth century the aggregate membership of the chamber fluctuated in the neighborhood of 150. By reason of the withdrawal of some of the abbots and the decline of the baronage, in the fifteenth century the body was yet smaller. The number of temporal lords summoned to the first parliament of Henry VII. was but 29.

*24. The House of Commons in 1485.*--The House of Commons at the beginning of the Tudor period was a body of some 300 members. It contained 74 knights of the shire, representing all but three of the forty English counties, together with a fluctuating number of representatives of cities and boroughs. In the Model Parliament of 1295 the number of urban districts represented was 166, but as time went on the number declined, in part because of the discrimination exercised from time to time in the selection of boroughs to be represented, and in part by reason of the fact that in times when representation did not appear to yield tangible results the borough taxpayers begrudged the two shillings per day paid their representatives, in some instances sufficiently to be induced to abandon altogether the sending of members. By the time of Edward IV. (1399-1413) the number of represented towns had fallen to 111. At the beginning of the fifteenth century county members were elected by the body of freeholders present at the county court, but by statute of 1429 the electoral privilege was restricted to freeholders resident in the county and holding land of the yearly rental value of forty shillings, equivalent, perhaps, to some £30 to £40 in present values. This rule, adopted originally with the express purpose of disfranchising "the very great and outrageous number of people either of small substance or of no value" who had been claiming an electoral equality with the "worthy knights and squires," continued in operation without amendment until 1832. The electoral systems prevailing in the boroughs exhibited at all times the widest variation, and never prior to 1832 was there serious attempt to establish uniformity of practice. In some places (the so-called "scot and lot" boroughs) the suffrage was exercised by all rate-payers; in others, by the holders of particular tenements ("burgage" franchise); in others (the "potwalloper" (p. 024) boroughs) by all citizens who had hearths of their own; in many, by the municipal corporation, or by the members of a guild, or even by neighboring landholders. Borough electoral arrangements ran the full gamut from thoroughgoing democracy to the narrowest kind of oligarchy.

*25. Development under the Tudors: Composition.*--During the Tudor period the composition of the two chambers underwent important change. In the Lords the principal modification was the substitution of temporal for spiritual preponderance. This was brought about in two ways. The first was the increase numerically of the hereditary peers from thirty-six at the beginning of the reign of Henry VIII. to about eighty at the accession of James I. The second was the dropping out of twenty-eight abbots, incident to the closing of the monasteries by Henry VIII. and only partially compensated by the creation at the time of six new bishoprics. In 1509 the number of lords spiritual was forty-eight; in 1603, it was but twenty-six. The House of Commons under the Tudors was virtually doubled in size. The final incorporation of Wales in 1535 meant the adding of twenty-five members. In 1536 and 1543 the counties of Monmouth and Chester were admitted to representation. There followed the enfranchisement of a number of boroughs, and by the end of the reign of Henry VIII. the representation of counties had been increased from 74 to 90, and that of the boroughs had been brought up to 252, giving the House an aggregate membership of 342. During the reign of Edward VI. twenty new constituencies were created, and during that of Mary twenty-one. But the most notable increase was that which took place in the reign of Elizabeth, the net result of which was the bringing in of 62 new borough representatives, in some cases from boroughs which now acquired for the first time the right of representation, in others from boroughs which once had possessed the right but through disuse had been construed to have forfeited it. The total increase of the Commons in numerical strength during the Tudor period was 166. There can be little question that in a few instances parliamentary representation was extended with the specific purpose of influencing the political complexion of the popular chamber. But, on the whole, the reason for the notable increase, especially of borough members, is to be found in the growing prosperity of the country and in the reliance which the Tudors were accustomed to place upon the commercial and industrial classes of the population.

*26. Other Developments.*--A second point at which Parliament in the Tudor era underwent modification was in respect to permanence and sittings. Prior to Henry VIII. the life of a parliament was confined, as a rule, to a single session, and sessions were brief. But (p. 025) parliaments now ceased to be meetings to be broken up as soon as some specific piece of business should have been completed, and many were brought together in several succeeding sessions. Henry VIII.'s Reformation Parliament lasted seven years. During the forty-five years of Elizabeth there were ten parliaments and thirteen sessions. One of these parliaments lasted eleven years, although it met but three times. It is true that the parliaments of Elizabeth were in session, in the aggregate, somewhat less than three years, an average for the reign of but little more than three weeks a year. But the point is that, slowly but effectually, Parliament as an institution was acquiring a recognized position in the political system of the nation. In 1589 Thomas Smith, a court secretary, published a book entitled "The Commonwealth of England and the Manner of Government Thereof," in which was laid down the fundamental proposition that "the most high and absolute power of the realm of England consisteth in the parliament"; and there is no record that the proclamation of this doctrine, even by a court official, elicited serious protest or difference of opinion. It was in the Tudor period, further, that both houses instituted the keeping of journals and that the appointment of committees and numerous other aspects of modern parliamentary procedure had their beginnings.

Finally, the Elizabethan portion of the period was an epoch during which there took place a very real growth in independence of sentiment and an equally notable advance in consciousness of power on the part of the popular chamber. Even before the death of Elizabeth there were ill-repressed manifestations of the feeling that the Tudor monarchy had done its work and that the time for a larger amount of parliamentary control had arrived. Nothing was clearer in 1603 than the fact that the sovereign who should expect to get on agreeably with his Commons must be both liberal and tactful. That the Stuarts possessed the first of these qualities in only a very limited measure and the second one not at all is a fact upon which turns an entire chapter of English constitutional history.[21]

[Footnote 21: Excellent works of a general nature
on the Tudor period are H. A. L. Fisher, History of
England from the Accession of Henry VII. to the
Death of Henry VIII. (London, 1906); A. F. Pollard,
History of England from the Accession of Edward VI.
to the Death of Elizabeth (London, 1910); and A. D.
Innis, England under the Tudors (London, 1905). For
institutional history see Taylor, English
Constitution, II., Bk. 4. More specialized
treatment will be found in Smith, History of the
English Parliament, I., Bk. 5; Dicey, The Privy
Council, 76-130; and Taswell-Langmead, English
Constitutional History, Chaps. 10, 12. An excellent
survey of English public law at the death of Henry
VII. is contained in F. W. Maitland, Constitutional
History of England (Cambridge, 1911), 165-236.
Books of large value on the period include W.
Busch, England under the Tudors, trans. by A. M.
Todd (London, 1895), the only volume of which
published covers the reign of Henry VII.; A. F.
Pollard, Henry VIII. (London, 1902 and 1905), and
England under the Protector Somerset (London,
1900); and M. Creighton, Queen Elizabeth (new ed.,
London, 1899).]

VIII. THE STUARTS: CROWN AND PARLIAMENT (p. 026)

*27. Absolutism Becomes Impracticable.*--Throughout the larger portion of the seventeenth century the principal interest in English politics centers in the contest which was waged between the nation represented in Parliament and the sovereigns of the Stuart dynasty. The question, as one writer has put it, was "at first whether government should be by the king or by the king in parliament, afterwards whether the king should govern or whether parliament should govern."[22] The Stuart sovereigns brought with them to the English throne no political principles that were new. When James I., in a speech before Parliament March 21, 1610, declared that monarchy "is the supremest thing upon earth," and that, "as to dispute what God may do is blasphemy, ... so is it sedition in subjects to dispute what a King may do in the height of his power,"[23] he was but giving expression to a conception of the royal prerogative which had been lodged in the mind of every Tudor, but which no Tudor had been so tactless as publicly to avow. The first two Stuarts confidently expected to maintain the same measure of absolutism which their Tudor predecessors had maintained--nothing more, nothing less. There were, however, several reasons why, for them, this was an impossibility. The first arose from their own temperament. The bluntness, the lack of perception of the public will, and the disposition perpetually to insist upon the minutest definitions of prerogative, which so pre-eminently characterized the members of the Stuart house must have operated to alienate seventeenth-century Englishmen under even the most favorable of circumstances. A second consideration is the fact, of which the nation was fully cognizant, that under the changed conditions that had arisen there was no longer the need of strong monarchy that once there had been. Law and order had long since been secured; all danger of a feudal reaction had been effectually removed; foreign invasion was no more to be feared. Strong monarchy had served an invaluable purpose, but that purpose had been fulfilled.

[Footnote 22: C. Ilbert, Parliament, its History,
Constitution, and Practice (London and New York,
1911), 28-29.]

[Footnote 23: Prothero, Statutes and Constitutional
Documents, 293-294.]

*28. The Rights of the Commons Asserted.*--Finally there was the (p. 027) fact of the enormous growth of Parliament as an organ of the public will. The rapidity of that development in the days of Elizabeth is, and was at the time, much obscured by the disposition of the nation to permit the Queen to live out her days without being seriously crossed in her purposes. But the magnitude of it becomes apparent enough after 1603. In a remarkable document known as the Apology of the Commons, under date of June 20, 1604, the popular chamber stated respectfully but frankly to the new sovereign what it considered to be its rights and, through it, the rights of the nation. "What cause we your poor Commons have," runs the address, "to watch over our privileges, is manifest in itself to all men. The prerogatives of princes may easily, and do daily, grow; the privileges of the subject are for the most part at an everlasting stand. They may be by good providence and care preserved, but being once lost are not recovered but with much disquiet. The rights and liberties of the Commons of England consisteth chiefly in these three things: first, that the shires, cities, and boroughs of England, by representation to be present, have free choice of such persons as they shall put in trust to represent them; secondly, that the persons chosen, during the time of the parliament, as also of their access and recess, be free from restraint, arrest, and imprisonment: thirdly, that in parliament they may speak freely their consciences without check and controlment, doing the same with due reverence to the sovereign court of parliament, that is, to your Majesty and both the Houses, who all in this case make but one politic body, whereof your Highness is the head."[24] The shrewdness of the political philosophy with which this passage opens is matched only by the terseness with which the fundamental rights of the Commons as a body are enumerated. To the enumeration should be added, historically, an item contained in a petition of the Commons, May 23, 1610, which reads as follows: "We hold it an ancient, general, and undoubted right of Parliament to debate freely all matters which do properly concern the subject and his right or state; which freedom of debate being once foreclosed, the essence of the liberty of Parliament is withal dissolved."[25] The occasion for this last-mentioned assertion of right arose from the king's habitual assumption that there were various important matters of state, e.g., the laying of impositions and the conduct of foreign relations, which Parliament possessed no right so much as to discuss.

[Footnote 24: Petyt, Jus Parliamentarium (London,
1739), 227-243. Portions of this document are
printed in Prothero, Statutes and Constitutional
Documents, 286-293.]

[Footnote 25: Commons' Journals, I., 431; Prothero,
Statutes, 297.]

*29. The Parliaments of James I. and Charles I.*--The tyranny of (p. 028) James I. and Charles I. assumed the form, principally, of the issue of proclamations without the warrant of statute and the exaction of taxes without the assent of Parliament. Parliament, during the period 1603-1640, was convened but seldom, and it was repeatedly prorogued or dissolved to terminate its inquiries, thwart its protests, or subvert its projected measures. Under the disadvantage of recurrent interruption the Commons contrived, however, to carry on a contest with the crown which was essentially continuous. During the reign of James I. (1603-1625) there were four parliaments. The first, extending from 1604 to 1611, was called in session six times. It sorely displeased the king by remonstrating against his measures, and especially by the persistency with which it withheld subsidies pending a redress of grievances. The second, summoned in 1614, vainly reiterated the complaints of its predecessor and was dissolved without having enacted a single measure. The third, in 1621, revived the power of impeachment (dormant since the days of Henry VII.), reasserted the right of the chambers to debate foreign relations, and avenged by a fresh protestation of liberties the arrest of one of its members. The fourth, in 1624, abolished monopolies and renewed the attack upon proclamations. The first parliament of Charles I., convoked in 1625, criticised the policy of the new sovereign and was dissolved. The second, in 1626, was dissolved to prevent the impeachment of the king's favorite minister, the Duke of Buckingham. The third, in 1628-1629, drew up the memorable Petition of Right, to which the king gave reluctant assent, and in which arbitrary imprisonment, the billeting of soldiers, the establishment of martial law in time of peace, and the imposition of gifts, loans, benevolences, or taxes without the consent of Parliament were specifically prohibited.[26] The fourth of Charles's parliaments, the so-called Short Parliament of 1640, followed a period of eleven years of personal government and showed no disposition to surrender the rights that had been asserted. The fifth--the Long Parliament, convoked also in 1640--imprisoned and executed the king's principal advisers, abolished the Star Chamber and the several other special courts and councils of Tudor origin, pronounced illegal the levy of ship-money and of tonnage and poundage without parliamentary assent, made provision for the assembling of a parliament within three years of the dissolution of the present one, and forced the king into a position where he was obliged to yield or to resort to war.

[Footnote 26: The text of the Petition of Right is
printed in Stubbs, Select Charters, 515-517; Adams
and Stephens, Select Documents, 339-342.]

*30. The Commonwealth and the Protectorate.*--Between the (p. 029) political theory maintained by the Stuart kings and that maintained by the parliamentary majority it was found impossible to arrive at a compromise. The Civil War was waged, in the last analysis, to determine which of the two theories should prevail. It should be emphasized that the parliamentarians entered upon the contest with no intent to establish a government by Parliament alone, in form or in fact. It is sufficiently clear from the Grand Remonstrance of 1641[27] that what they contemplated was merely the imposing of constitutional restrictions upon the crown, together with the introduction of certain specific changes in the political and ecclesiastical order, e.g., the abolition of episcopacy. The culmination of the struggle, however, in the defeat and execution of the king threw open the doors for every sort of constitutional innovation, and between 1649 and 1660 the nation was called upon to pass through an era of political experimentation happily unparalleled in its history. May 19, 1649, kingship and the House of Lords having been abolished as equally "useless and dangerous,"[28] Parliament, to complete the work of transformation, proclaimed a commonwealth, or republic; and on the great seal was inscribed the legend, "In the first year of freedom by God's blessing restored." During the continuance of the Commonwealth (1649-1654) various plans were brought forward for the creation of a parliament elected by manhood suffrage, but with the essential principle involved neither the Rump nor the people at large possessed substantial sympathy. In 1654 there was put in operation a constitution--the earliest among written constitutions in modern Europe--known as the Instrument of Government.[29] The system therein provided, which was intended to be extended to the three countries of England, Scotland, and Ireland, comprised as the executive power a life Protector, to be assisted by a council of thirteen to twenty-one members, and as the legislative organ a unicameral parliament of 460 members elected triennially by all citizens possessing property to the value of £300.[30] Cromwell accepted the office of Protector, and the ensuing six years comprise the period known commonly as the (p. 030) Protectorate.

[Footnote 27: S. R. Gardiner, Constitutional
Documents of the Puritan Revolution (Oxford, 1899),
202-232.]

[Footnote 28: Gardiner, Documents of the Puritan
Revolution, 384-388; Adams and Stephens, Select
Documents, 397-400.]

[Footnote 29: Gardiner, Documents of the Puritan
Revolution, 405-417; Adams and Stephens, Select
Documents, 407-416.]

[Footnote 30: On the history of this unicameral
parliament see J. A. R. Marriott, Second Chambers,
an Inductive Study in Political Science (Oxford,
1910), Chap. 3; A. Esmein, Les constitutions du
protectorat de Cromwell, in _Revue du Droit
Public_, Sept.-Oct. and Nov.-Dec., 1899.]

The government provided for by the Instrument was but indifferently successful. Between Cromwell and his parliaments relations were much of the time notoriously strained, and especially was there controversy as to whether the powers of Parliament should be construed to extend to the revision of the constitution. In 1657 the Protector was asked to assume the title of king. This he refused to do, but he did accept a new constitution, the Humble Petition and Advice, in which a step was taken toward a return to the governmental system swept away in 1649.[31] This step comprised, principally, the re-establishment of a parliament of two chambers--a House of Commons and, for lack of agreement upon a better designation, "the Other House." Republicanism, however, failed to strike root. Shrewder men, including Cromwell, had recognized all the while that the English people were really royalist at heart, and it is not too much to say that from the outset the restoration of monarchy was inevitable. Even before the death of Cromwell, in 1658, the trend was distinctly in that direction, and after the hand of the great Protector had been removed from the helm such a consummation was a question but of time and means. May 25, 1660, Charles II., having engaged to grant a general amnesty and to accept such measures of settlement respecting religion as Parliament should determine upon, landed at Dover and was received with all but universal acclamation.[32]

[Footnote 31: Gardiner, Documents of the Puritan
Revolution, 447-459.]

[Footnote 32: The best of the general treatises
covering the period 1603-1660 are F. C. Montague,
The History of England from the Accession of James
I. to the Restoration (London, 1907), and G. M.
Trevelyan, England Under the Stuarts (London,
1904). The monumental works within the field are
those of S. R. Gardiner, i.e., History of England,
1603-1642, 10 vols. (new ed., London, 1893-1895);
History of the Great Civil War, 4 vols. (London,
1894); and History of the Commonwealth and
Protectorate, 4 vols. (London, 1894-1901). Mr.
Gardiner's work is being continued by C. H. Firth,
who has published The Last Years of the
Protectorate, 1656-1658, 2 vols. (London, 1909).
The development of institutions is described in
Taswell-Langmead, English Constitutional History,
Chaps. 13-14; Smith, History of the English
Parliament, I., Bks. 6-7; Pike, History of the
House of Lords, _passim_; J. N. Figgis, The Theory
of the Divine Right of Kings (Cambridge, 1896); and
G. P. Gooch, History of English Democratic Ideas in
the Seventeenth Century (Cambridge, 1898). An
excellent analysis of the system of government
which the Stuarts inherited from the Tudors is
contained in the introduction of Prothero, Statutes
and Constitutional Documents. Of the numerous
biographies of Cromwell the best is C. H. Firth,
Oliver Cromwell (New York, 1904). A valuable survey
of governmental affairs at the death of James I. is
Maitland, Constitutional History Of England,
237-280.]

IX. THE LATER STUARTS: THE REVOLUTION OF 1688-1689 (p. 031)

*31. Charles II. and James II.*--Throughout the period 1660-1689 there was enacted a final grand experiment to determine whether a Stuart could, or would, govern constitutionally. The constitution in accordance with which Charles II. and James II. were expected to govern was that which had been built up during preceding centuries, amended by the important reforms effected by the Long Parliament in 1641. The settlement of 1660 was a restoration no less of Parliament than of the monarchy, in respect both to structure and to functions. The two chambers were re-established upon their earlier foundations, and in them was vested the power to enact all legislation and to sanction all taxation. The spirit, if not the letter, of the agreement in accordance with which the Stuart house was restored forbade the further imposition of taxes by the arbitrary decree of the crown and all exercise of the legislative power by the crown singly, whether positively through proclamation or negatively through dispensation. It required that henceforth the nature and amount of public expenditures should, upon inquiry, be made known to the two houses, and that ministers might regularly be held to account for their acts and those of the sovereign. The easy-going Charles II. (1660-1685) contrived most of the time to keep fairly within the bounds that were prescribed for him. He disliked the religious measures of his first parliament, but he recognized that a fresh election might be expected to result in the choice of a House of Commons still less to his taste, and, accordingly, the Cavalier Parliament was kept in existence throughout the entire period 1661-1679. The parliamentary history of the closing years of the reign centered about the question of the exclusion of the king's Catholic brother, James, from the throne, and was given special interest by the conflict of groups foreshadowing political parties; but Charles maintained unfailingly an attitude which, at the least, did not endanger his own tenure of the throne.

James II. (1685-1688) was a man of essentially different temper. He was a Stuart of the Stuarts, irrevocably attached to the doctrine of divine right and sufficiently tactless to take no pains to disguise the fact. He was able, industrious, and honest, but obstinate and intolerant. He began by promising to preserve "the government as by law established." But the ease with which the Monmouth uprising of 1685 was suppressed deluded him into thinking that through the exemption of the Catholics from the operation of existing laws he might in time realize his ambition to re-establish Roman Catholicism in England. He proceeded, therefore, to issue decrees dispensing (p. 032) with statutes which Parliament had enacted, to establish an ecclesiastical commission in violation of parliamentary law of 1641, and, in 1687, to promulgate a declaration of indulgence extending to all Catholics and Non-Conformists a freedom in religious matters which was clearly denied by the laws of the country.[33] By this arbitrary resumption of ancient prerogative the theory underlying the Restoration was subverted utterly.

[Footnote 33: Gee and Hardy, Documents Illustrative
of English Church History, 641-644; Adams and
Stephens, Select Documents, 451-454.]

*32. The Revolution: the Bill of Rights.*--Foreseeing no relief from absolutist practices, and impelled especially by the birth, in 1688, of a male heir to the king, a group of leading men representing the various political groups extended to the stadtholder of Holland, William, Prince of Orange, an invitation to repair to England to uphold and protect the constitutional liberties of the realm. The result was the bloodless revolution of 1688. November 5, William landed at Torquay and advanced toward London. James, finding himself without a party, offered vain concessions and afterwards fled to the court of his ally, Louis XIV. of France. By a provisional body of lords, former commoners, and officials William was requested to act as temporary "governor" until the people should have chosen a national "convention."[34] This convention assembled January 22, 1689, resolved that James, by reason of his flight, should be construed to have abdicated, and established on the throne as joint sovereigns William and Mary, with the understanding that the actual government of the realm should devolve upon the king.

[Footnote 34: Not properly a parliament, because
not summoned by a king.]

The Revolution of 1688-1689 was signalized by the putting into written form of no inconsiderable portion of the English constitution as it then existed. February 19, 1698, the new sovereigns formally accepted a Declaration of Right, drawn up by the convention, and by act of Parliament, December 16 following, this instrument, under the name of the Bill of Rights, was made a part of the law of the land. In it were denied specifically a long list of prerogatives to which the last Stuart had laid claim--those, in particular, of dispensing with the laws, establishing ecclesiastical commissions, levying imposts without parliamentary assent, and maintaining a standing army under the exclusive control of the crown. In it also were guaranteed certain fundamental rights which during the controversies of the seventeenth century had been brought repeatedly in question, including those of petition, freedom of elections, and freedom of speech on the part (p. 033) of members of Parliament.[35] The necessity of frequent meetings of Parliament was affirmed, and a succession clause was inserted by which Roman Catholics and persons who should marry Roman Catholics, were excluded from the throne. In the Bill of Rights were thus summed up the essential results of the Revolution, and, more remotely, of the entire seventeenth-century parliamentary movement. With its enactment the doctrine of divine right disappeared forever from the domain of practical English politics. The entire circumstance of William III.'s accession determined the royal tenure to be, as it thereafter remained, not by inherent or vested right, but conditioned upon the national will.[36]

[Footnote 35: In this connection should be recalled
the Habeas Corpus Act of May 26, 1679, by whose
terms the right of an individual, upon arrest, to
have his case investigated without delay was
effectually guaranteed. Stubbs, Select Charters,
517-521; Adams and Stephens, Select Documents,
440-448.]

[Footnote 36: In respect to ecclesiastical affairs
the Bill of Rights was supplemented by the
Toleration Act of May 24, 1689, in which was
provided "some ease to scrupulous consciences in
the exercise of religion," i.e., a larger measure
of liberty for Protestant non-conformists. The text
of the Bill of Rights is in Stubbs, Select
Charters, 523-528; Gee and Hardy, Documents
Illustrative of English Church History, 645-654;
and Adams and Stephens, Select Documents, 462-469;
that of the Toleration Act, in Gee and Hardy,
654-664; and, in abridged form, in Adams and
Stephens, 459-462. General accounts of the period
1660-1689 are contained in R. Lodge, History of
England from the Restoration to the Death of
William III. (London, 1910), Chaps. 1-15, and in
Trevelyan, England Under the Stuarts, Chaps. 11-13.
O. Airy. Charles II., is an excellent book. The
development of Parliament in the period is
described in Smith, History of the English
Parliament, I., Bk. 8, II., Bk. 9.]