The Constitutional Documents of the Puritan Revolution. Samuel Rawson Gardiner
consequently a Puritan barrier would be opposed to all anti-Puritan legislation by the representative House. Any attempt to weaken this barrier which had taken the place of the articles declared in the Instrument to be unalterable by Parliament roused Oliver’s deepest indignation, and without delay he dissolved the Parliament in anger in 1658. After a period of disorder following Oliver’s death in the same year, Charles II was restored to the Crown. Before he arrived he issued from Breda a Declaration of the principles on which he intended to govern (No. 105, p. 465). Those principles were set forth in four articles:—1. There was to be a general amnesty, except so far as Parliament might except certain persons. 2. There was to be a liberty for tender consciences according to such laws as Parliament should propose. 3. There was to be security given for property acquired during the late troublous times, in such a way as Parliament might determine. 4. Finally, full arrears were to be paid to the soldiers according to an Act of Parliament.
The Government of the Restoration accepted as its legal basis the Acts passed by Charles I up to the end of August, 1641. Its principle however is to be found in the answer suggested to the King by the Parliamentary Presbyterians on January 29, 1647 (No. 69, p. 309). It was the policy of trusting to free discussion and the pressure of national opinion expressed in Parliament to decide disputed questions which then got the upper hand, so far as the Parliamentary Presbyterians were concerned, over the policy of imposing fixed conditions on the exercise of the Royal power. Such a policy necessarily brought the Cavaliers and the Parliamentary Presbyterians together, and it was to this union of the Cavaliers and the Parliamentary Presbyterians that the Restoration was due. The Cavaliers obtained the restoration of Monarchy and Episcopacy with the Book of Common Prayer. The Parliamentary Presbyterians obtained the dependence of the King and Bishops on Parliamentary action. Charles II was not what Charles I had been, nor were Juxon and Sheldon what Laud had been.
Charles II dated the Declaration of Breda in the twelfth year of his reign. In this there was, no doubt, much of the usual pretensions of dethroned Kings to regard all that passes in their absence as having no existence which demands recognition. Yet it was not with Charles II as it was with Louis XVIII, in the days of the Directory, the Consulate, and the Empire. Very few in France thought in those times that Louis XVIII ought to reign; whereas there is every reason to believe that the majority of political Englishmen during the Commonwealth and Protectorate thought that Charles II ought to be their King.
If then the Restoration was founded on the abandonment of the principles which were to be found alike in the Grand Remonstrance and in the Heads of the Proposals, are we to say, as has been said, that the whole Civil War was a mistake, and that the nation ought to have been guided in the autumn of 1641 by Hyde and Falkland, as it was to their principles that the Presbyterians returned in 1647, and the whole nation except a small minority returned in 1660? If constitutional forms were everything, it would hardly be possible to avoid this conclusion. As a matter of fact, however, great as is the importance of constitutional forms, the character of the governor and the governed is of far greater importance. The action of the Long Parliament up to August, 1641, effected necessary changes in the Constitution, but could not effect a change in the character of Charles I. Hence to the demand for the alteration of the Constitution was added, in addition to a call for ecclesiastical changes, a demand less universally felt, but felt by men of sufficient ability and strength of will to give effect to their resolutions, that Charles I must either bend or break. It was this part of the Revolution which was not accomplished till the deposition of Charles I, which unhappily took the form of his execution. After that there was nothing more to be done which could possibly have any permanent effect. Commonwealth and Protectorate were alike the creation of the army: and force, whilst it is able to remove obstacles from the natural development of a nation, is powerless permanently to block the way against it. The army could take care that a man like Charles I should not rule England, but the Agreement of the People, the Instrument of Government, and the Humble Petition and Advice were but academical studies, interesting as anticipating in many respects the constitutional and political development of England and of the United States of America, but utterly incapable of commending themselves to the conscience of contemporaries.
PART I: FROM THE ACCESSION OF CHARLES I TO THE MEETING OF THE THIRD PARLIAMENT OF HIS REIGN.
1.: Speech of Sir Nathaniel Rich, proposing terms on which the House of Commons may be prepared to grant Supply.
Some moved to give, and give presently, and some would not give at all, and some would give sub modo; and a fourth, to which he inclineth, is:
(1) That we should first move the King for his answer to our petition Ref. 003, for we can have no hope of a blessing so long as the execrable thing remaineth amongst us, and to have His Majesty’s answer in Parliament, and after a parliamentary way.
(2) And there is a necessity that His Majesty should declare the enemy to give us satisfaction, and every one may contribute his reasons, which may do much good; but the proper design no man holdeth fit should be disclosed to us.
(3) And he wisheth that when His Majesty doth make a war, it may be debated and advised by his grave Council.
(4) And there is a necessity to look into the King’s estate, how it may subsist of itself, which is an old parliamentary course, and hath always been used when as any great aid hath been required of the Commons.
(5) And also to crave His Majesty’s answer to the impositions; and, as for that objection that the time is not now fitting, and that it will require a longer time than we may sit here, he thinketh not so, for a committee might be named to digest into heads, which might be presented unto His Majesty, and at this time to capitulate with the King, being Ref. 004 that never had the subject more cause to do it than we have now.
And is this without precedent? No, and that in the best time, even of that most renowned King, Edward III; for he pretending to make a war, as now our King doth, he did desire subsidies from his subjects, and they, before they would grant it, did capitulate with him, and you shall find by the very Act itself, which was in the twenty-second year of his reign, that they did grant him a subsidy, and but one; and that upon condition, too, that if he did not go on with his war, the grant should cease, and the same not to be levied.
2.: Protestation of the Commons.
We, the knights, citizens and burgesses of the Commons’ House of Parliament, being the representative body of the whole Commons of this realm, abundantly comforted in His Majesty’s late gracious answer touching religion, and his message for the care of our healths, do solemnly protest and vow before God and the world, with one heart and voice, that we are all resolved and do hereby declare that we will ever continue most loyal and obedient subjects to our most gracious sovereign Lord, King Charles; and that we will be ready in a convenient time and in a parliamentary way freely and dutifully to do our utmost endeavours to discover and reform the abuses and grievances of the realm and state; and in like sort to afford all necessary supply to his most excellent Majesty upon his present and all other his just occasions and designs; most humbly beseeching our ever dear and dread sovereign in his princely wisdom and goodness, to rest assured of the true and hearty affections of his poor Commons, and to esteem the same (as we conceive it indeed) the greatest worldly reputation and security a just King can have, and to account all such as slanderers of the people’s affections and enemies to the Commonwealth, that shall dare to say the contrary.
3.: Documents relating to the Impeachment of the Duke of Buckingham.
A.: The King’s reply to the Address of the House of Commons.
Mr. Speaker: Here is much time spent in inquiring after grievances. I would have that last, and more time bestowed in preventing and redressing them. I thank you all for your kind offer of supply in general, but I desire you to descend to particulars and consider of your time and measure, for it concerneth yourselves who are like first to feel it if it be too short.
But some there are—I will not say all—that do make inquiry into the proceeding, not of any