The History of England Volume VI. David Hume
was founded, not on principle, but on passion; and till the irregular affections of men could be corrected, it was in vain to expect, by compliances, to obtain a perfect unanimity and comprehension: That the more insignificant the objects of dispute appeared, with the more certainty might it be inferred, that the real ground of dissention was different from that which was universally pretended: That the love of novelty, the pride of argumentation, the pleasure of making proselytes, and the obstinacy of contradiction, would for ever give rise to sects and disputes, nor was it possible that such a source of dissention could ever, by any concessions, be entirely exhausted: That the church, by departing from ancient practices and principles, would tacitly acknowledge herself guilty of error, and lose that reverence, so requisite for preserving the attachment of the multitude: And that if the present concessions (which was more than probable) should prove ineffectual, greater must still be made; and in the issue, discipline would be despoiled of all its authority, and worship of all its decency, without obtaining that end, which had been so fondly sought for by these dangerous indulgences.
A new parliament. 8th May.
The ministry were inclined to give the preference to the latter arguments; and were the more confirmed in that intention by the disposition, which appeared in the parliament lately assembled. The royalists and zealous churchmen were at present the popular party in the nation, and, seconded by the efforts of the court, had prevailed in most elections. Not more than fifty-six members of the presbyterian party had obtained seats in the lower house;s and these were not able either to oppose or retard the measures of the majority. Monarchy, therefore, and episcopacy, were now exalted to as great power and splendor as they had lately suffered misery and depression. Sir Edward Turner was chosen speaker.
An act was passed for the security of the king’s person and government. To intend or devise the king’s imprisonment, or bodily harm, or deposition, or levying war against him, was declared, during the life-time of his present majesty, to be high treason. To affirm him to be a papist or heretic, or to endeavour by speech or writing to alienate his subjects’ affections from him; these offences were made sufficient to incapacitate the person guilty from holding any employment in church or state. To maintain that the long parliament is not dissolved, or that either or both houses, without the king, are possessed of legislative authority, or that the covenant is binding; was made punishable by the penalty of premunire.
The covenant itself, together with the act for erecting the high court of justice, that for subscribing the engagement, and that for declaring England a commonwealth, were ordered to be burnt by the hands of the hangman. The people assisted with great alacrity on this occasion.
The abuses of petitioning in the preceding reign had been attended with the worst consequences; and to prevent such irregular practices for the future, it was enacted, that no more than twenty hands should be fixed to any petition, unless with the sanction of three justices, or the major part of the grand jury; and that no petition should be presented to the king or either house by above ten persons. The penalty annexed to a transgression of this law was a fine of a hundred pounds and three months imprisonment.
Bishops’ seats restored.
The bishops, though restored to their spiritual authority, were still excluded from parliament by the law, which the late king had passed, immediately before the commencement of the civil disorders. Great violence, both against the king and the house of peers, had been employed in passing this law; and on that account alone, the partizans of the church were provided with a plausible pretence for repealing it. Charles expressed much satisfaction, when he gave his assent to the act for that purpose. It is certain, that the authority of the crown, as well as that of the church, was interested in restoring the prelates to their former dignity. But those, who deemed every acquisition of the prince a detriment to the people, were apt to complain of this instance of complaisance in the parliament.
20th Nov.
After an adjournment of some months, the parliament was again assembled, and proceeded in the same spirit as before. They discovered no design of restoring, in its full extent, the ancient prerogative of the crown: They were only anxious to repair all those breaches, which had been made, not by the love of liberty, but by the fury of faction and civil war. The power of the sword had, in all ages, been allowed to be vested in the crown; and though no law conferred this prerogative, every parliament, till the last of the preceding reign, had willingly submitted to an authority more ancient, and therefore more sacred, than that of any positive statute. It was now thought proper solemnly to relinquish the violent pretensions of that parliament, and to acknowledge, that neither one house, nor both houses, independent of the king, were possessed of any military authority. The preamble to this statute went so far as to renounce all right even of defensive arms against the king; and much observation has been made with regard to a concession, esteemed so singular. Were these terms taken in their full literal sense, they imply a total renunciation of limitations to monarchy, and of all privileges in the subject, independent of the will of the sovereign. For as no rights can subsist without some remedy, still less rights exposed to so much invasion from tyranny, or even from ambition; if subjects must never resist, it follows, that every prince, without any effort, policy or violence, is at once rendered absolute and uncontroulable: The sovereign needs only issue an edict, abolishing every authority but his own; and all liberty, from that moment, is in effect annihilated. But this meaning it were absurd to impute to the present parliament, who, though zealous royalists, showed in their measures, that they had not cast off all regard to national privileges. They were probably sensible, that to suppose in the sovereign any such invasion of public liberty is entirely unconstitutional; and that therefore expressly to reserve, upon that event, any right of resistance in the subject, must be liable to the same objection. They had seen that the long parliament, under colour of defence, had begun a violent attack upon kingly power; and after involving the kingdom in blood, had finally lost that liberty, for which they had so imprudently contended. They thought, perhaps erroneously, that it was no longer possible, after such public and such exorbitant pretensions to persevere in that prudent silence, hitherto maintained by the laws; and that it was necessary, by some positive declaration, to bar the return of like inconveniencies. When they excluded, therefore, the right of defence, they supposed, that the constitution remaining firm upon its basis, there never really could be an attack made by the sovereign. If such an attack was at any time made, the necessity was then extreme: And the case of extreme and violent necessity, no laws, they thought, could comprehend; because to such a necessity no laws could beforehand point out a proper remedy.
Corporation act.
The other measures of this parliament still discovered a more anxious care to guard against rebellion in the subject than encroachments in the crown: The recent evils of civil war and usurpation had naturally encreased the spirit of submission to the monarch, and had thrown the nation into that dangerous extreme. During the violent and jealous government of the parliament and of the protectors, all magistrates, liable to suspicion, had been expelled the corporations; and none had been admitted, who gave not proofs of affection to the ruling powers, or who refused to subscribe the covenant. To leave all authority in such hands seemed dangerous; and the parliament, therefore, empowered the king to appoint commissioners for regulating the corporations, and expelling such magistrates as either intruded themselves by violence, or professed principles, dangerous to the constitution, civil and ecclesiastical. It was also enacted, that all magistrates should disclaim the obligation of the covenant, and should declare, both their belief, that it was not lawful, upon any pretence whatsoever, to resist the king, and their abhorrence of the traiterous position of taking arms by the king’s authority against his person, or against those who were commissioned by him.
1662. Act of uniformity.
The care of the church was no less attended to by this parliament, than that of monarchy; and the bill of uniformity was a pledge of their sincere attachment to the episcopal hierarchy, and of their antipathy to presbyterianism. Different parties, however, concurred in promoting this bill, which contained many severe clauses. The independents and other sectaries, enraged to find all their schemes subverted by the presbyterians, who had once been their associates, exerted themselves to disappoint that party of the favour and indulgence, to which, from their recent merits in promoting the restoration, they thought themselves justly entitled. By the presbyterians,