CONTENTS

OF VOLUME II.

CHAPTER X.

FROM THE BREAKING OUT OF THE CIVIL WAR TO THE RESTORATION.

PART I.

Success of the King in the first Part of the War-Efforts by the moderate Party for Peace-
Affair at Brentford-Treaty of Oxford-Impeachment of the Queen-Waller's Plot-
Secession of some Peers to the King's Quarters-Their Treatment there impolitic-The
anti-pacific Party gain the Ascendant at Westminster-The Parliament makes a new Great
Seal-And takes the Covenant-Persecution of the Clergy who refuse it-Impeachment and
Execution of Laud-Decline of the King's Affairs in 1644-Factions at Oxford-Royalist
Lords and Commoners summoned to that City-Treaty of Uxbridge-Impossibility of Agree-
ment-The Parliament insist on unreasonable Terms-Miseries of the War-Essex and
Manchester suspected of Luke-warmness-Self-denying Ordinance-Battle of Naseby-
Desperate Condition of the King's Affairs-He throws himself into the Hands of the Scots-
His Struggles to preserve Episcopacy, against the Advice of the Queen and others-Bad
Conduct of the Queen-Publication of Letters taken at Naseby-Discovery of Glamorgan's
Treaty-King delivered up by the Scots-Growth of the Independents and Republicans—
Opposition to the Presbyterian Government-Toleration-Intrigues of the Army with the
King-His Person seized-The Parliament yield to the Army-Mysterious Conduct of
Cromwell-Imprudent Hopes of the King-He rejects the Proposals of the Army-His
Flight from Hampton-Court-Alarming Votes against him-Scots' Invasion-The Presby-
terians regain the Ascendant-Treaty of Newport-Gradual Progress of a republican Party—
Scheme among the Officers of bringing Charles to Trial-This is finally determined-Se-
clusion of Presbyterian Members-Motives of some of the King's Judges-Question of his
Execution discussed-His Character-Icon Basilice.

PART II.

Abolition of the Monarchy-And of the House of Lords--Commonwealth-Schemes of Crom-
well-His Conversations with Whitelock-Unpopularity of the Parliament-Their Fall-

Little Parliament-Instrument of Government-Parliament called by Cromwell-Dissolved

by him-Intrigues of the King and his Party Insurrectionary Movements in 1655-Ri-

gorous Measures of Cromwell-His arbitrary Government-He summons another Parlia-

ment-Designs to take the Crown-The Project fails-But his Authority as Protector is

augmented-He aims at forming a new House of Lords-His Death-And Character-

Richard his Son succeeds him-Is supported by some prudent Men-But opposed by

Coalition Calls a Parliament-The Army overthrow both-Long Parliament restored-

Expelled again-And again restored-Impossibility of establishing a Republic-Intrigues of

the Royalists-They unite with the Presbyterians-Conspiracy of 1659-Interference of

Monk-His Dissimulation-Secluded Members return to their Seats-Difficulties about the

Restoration-New Parliament-King restored-Whether previous Conditions required-

Plan of reviving the Treaty of Newport inexpedient-Difficulty of framing Conditions-

Conduct of the Convention about this not blamable-Except in respect of the Militia-

Conduct of Monk

Page 1

CHAPTER XI.

FROM THE RESTORATION OF CHARLES THE SECOND TO THE FALL OF THE CABAL

ADMINISTRATION.

Popular Joy at the Restoration-Proceedings of the Convention Parliament-Act of In-

demnity-Exclusion of the Regicides and others--Discussions between the Houses on it-

Execution of Regicides-Restitution of Crown and Church Lands-Discontent of the

Royalists-Settlement of the Revenue-Abolition of Military Tenures-Excise granted

instead-Army disbanded-Clergy restored to their Benefices-Hopes of the Presbyterians

from the King-Projects for a Compromise King's Declaration in favour of it-Convention

Parliament dissolved-Different Complexion of the next-Condemnation of Vane-Its In-

justice-Acts replacing the Crown in its Prerogatives-Corporation Act-Repeal of Triennial

Act-Star-chamber not restored-Presbyterians deceived by the King-Savoy Conference-

Act of Uniformity-Ejection of Non-conformist Clergy-Hopes of the Catholics-Bias of

the King towards them-Resisted by Clarendon and the Parliament-Declaration for In-

dulgence-Objected to by the Commons-Act against Conventicles-Another of the same

kind-Remarks on them-Dissatisfaction increases-Private Life of the King-Opposition

in Parliament-Appropriation of Supplies-Commission of Public Accounts--Decline of

Clarendon's Power-Loss of the King's Favour-Coalition against him-His Impeachment-

Some Articles of it not unfounded-Illegal Imprisonments-Sale of Dunkirk-Solicitation

of French Money-His Faults as a Minister-His pusillanimous Flight-And consequent

Banishment-Cabal Ministry-Scheme of Comprehension and Indulgence-Triple Alliance—

Intrigue with France-King's Desire to be absolute-Secret Treaty of 1670-Its Objects—

Differences between Charles and Louis as to the Mode of its Execution-Fresh Severities

against Dissenters– Dutch War- Declaration of Indulgence-Opposed by Parliament-And

withdrawn-Test Act-Fall of Shaftesbury and his Colleagues

163

CHAPTER XII.

Earl of Danby's Administration-Opposition in the Commons-Frequently corrupt-Character

of Lord Danby-Connexion of the popular Party with France-Its Motives on both Sides-

Doubt as to their Acceptance of Money-Secret Treaties of the King with France-Fall of

Danby-His Impeachment-Questions arising on it-His Commitment to the Tower-

Pardon pleaded in Bar-Votes of Bishops-Abatement of Impeachments by Dissolution-

Popish Plot-Coleman's Letters-Godfrey's Death-Injustice of Judges on the Trials-

Parliament dissolved-Exclusion of Duke of York proposed-Schemes of Shaftesbury and

Monmouth-Unsteadiness of the King-Expedients to avoid the Exclusion-Names of

Whig and Tory-New Council formed by Sir William Temple-Long Prorogation of Par-

liament-Petitions and Addresses-Violence of the Commons-Oxford Parliament-Im-

peachment of Commoners for Treason constitutional-Fitzharris impeached-Proceedings

against Shaftesbury and College-Triumph of the Court-Forfeiture of Charter of London-

And of other Places-Projects of Lord Russell and Sidney-Their Trials-High Tory

Principles of the Clergy-Passive Obedience-Some contend for absolute Power-Filmer-

Sir George Mackenzie-Decree of University of Oxford-Connexion with Louis broken

off-King's Death

Page 262

CHAPTER XIII.

ON THE STATE OF THE CONSTITUTION UNDER CHARLES II.

Effect of the Press-Restrictions upon it before and after the Restoration-Licensing Acts-

Political Writings checked by the Judges-Instances of illegal Proclamations not nu-

merous-Juries fined for Verdicts-Question of their Right to return a general Verdict-

Habeas Corpus Act passed-Differences between Lords and Commons-Judicial Powers of

the Lords historically traced―Their Pretensions about the Time of the Restoration-Re-

sistance made by the Commons-Dispute about their original Jurisdiction-And that in

Appeals from Courts of Equity-Question of the exclusive Right of the Commons as to

Money-bills-Its History-The Right extended farther-State of the Upper House under

the Tudors and Stuarts-Augmentation of the Temporal Lords-State of the Commons-

Increase of their Members-Question as to Rights of Election-Four different Theories as to

the original Principle-Their Probability considered
341

CHAPTER XIV.

THE REIGN OF JAMES II.

Designs of the King-Parliament of 1685-King's Intention to repeal the Test Act-Deceived

as to the Disposition of his Subjects-Prorogation of Parliament-Dispensing Power coñ-

firmed by the Judges-Ecclesiastical Commission-King's Scheme of establishing Popery—

Dismissal of Lord Rochester-Prince of Orange alarmed-Plan of setting the Princess aside

-Rejected by the King-Overtures of the Malcontents to Prince of Orange-Declaration for

Liberty of Conscience-Addresses in favour of it-New modelling of the Corporations-Affair

of Magdalen College-Infatuation of the King-His coldness towards Louis-Invitation

signed to the Prince of Orange-Birth of Prince of Wales-Justice and Necessity of the

Revolution-Favourable Circumstances attending it-Its salutary Consequences-Proceedings

of the Convention-Ended by the Elevation of William and Mary to the Throne Page 392

CHAPTER XV.

ON THE REIGN OF WILLIAM III.

Declaration of Rights-Bill of Rights-Military Force without Consent declared illegal-Dis-

content with the new Government-Its Causes-Incompatibility of the Revolution with

received Principles-Character and Errors of William-Jealousy of the Whigs-Bill of

Indemnity-Bill for restoring Corporations-Settlement of the Revenue-Appropriation of

Supplies Dissatisfaction of the King-No republican Party in Existence-William employs

Tories in Ministry-Intrigues with the late King-Schemes for his Restoration-Attainder

of Sir John Fenwick-Ill Success of the War-Its Expenses-Treaty of Ryswick-Jealousy

of the Commons-Army reduced-Irish Forfeitures resumed-Parliamentary Inquiries——

Treaties of Partition-Improvements in Constitution under William-Bill for Triennial

Parliaments-Law of Treason-Statute of Edward III.-Its constructive Interpretation--

Statute of William III.-Liberty of the Press-Law of Libel-Religious Toleration.-At-

tempt at Comprehension-Schism of the Non-jurors-Laws against Roman Catholics-Act

of Settlement-Limitations of Prerogative contained in it-Privy Council superseded by a

Cabinet-Exclusion of Placemen and Pensioners from Parliament-Independence of Judges

-Oath of Abjuration
448

CHAPTER XVI.

ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, GEORGE I.

AND GEORGE II.

Termination of Contest between the Crown and Parliament-Distinctive Principles of Whigs

and Tories-Changes effected in these by Circumstances-Impeachment of Sacheverell dis-

plays them again-Revolutions in the Ministry under Anne-War of the Succession-Treaty

of Peace broken off-Renewed again by the Tory Government-Arguments for and against

the Treaty of Utrecht-The Negotiation mismanaged-Intrigues of the Jacobites-Some of

the Ministers engage in them-Just Alarm for the Hanover Succession-Accession of George I.

-Whigs come into Power-Great Disaffection in the Kingdom-Impeachment of Tory

Ministers-Bill for septennial Parliaments-Peerage Bills-Jacobitism among the Clergy-

Convocation-Its Encroachments-Hoadley-Convocation no longer suffered to sit-Infringe-

ments of the Toleration by Statutes under Anne-They are repealed by the Whigs-Principles

of Toleration fully established-Banishment of Atterbury-Decline of the Jacobites-Preju-

dices against the reigning Family-Jealousy of the Crown-Changes in the Constitution

whereon it was founded-Permanent military Force-Apprehensions from it-Establishment

of Militia-Influence over Parliament by Places and Pensions-Attempts to restrain it—

Place Bill of 1743-Secret Corruption-Commitments for Breach of Privilege of Members

for Offences-of Strangers for Offences against Members-or for Offences against the House

-Kentish Petition of 1701-Dispute with Lords about Aylesbury Election-Proceedings

against Mr. Murray in 1751-Commitments for Offences unconnected with the House—

Privileges of the House not controllable by Courts of Law-Danger of stretching this too

far-Extension of penal Laws-Diminution of personal Authority of the Crown-Causes of

this-Party Connexions-Influence of political Writings-Publication of Debates-Increased

Influence of the middle Ranks

Page 549

CHAPTER XVII.

ON THE CONSTITUTION OF SCOTLAND.

Early State of Scotland-Introduction of Feudal System-Scots Parliament-Power of the

Aristocracy-Royal Influence in Parliament-Judicial Power-Court of Session-Reforma-

tion-Power of the Presbyterian Clergy-Their Attempts at Independence on the State-

Andrew Melvil-Success of James VI. in restraining them-Establishment of Episcopacy

-Innovations of Charles I.-Arbitrary Government-Civil War-Tyrannical Government

of Charles II.-Reign of James VII.-Revolution and Establishment of Presbytery-Reign

of William III.—Act of Security-Union-Gradual Decline of Jacobitism

658

CHAPTER XVIII.

ON THE CONSTITUTION OF IRELAND.

Ancient State of Ireland-Its Kingdoms and Chieftainships-Law of Tanistry and Gavel-kind-

Rude State of Society-Invasion of Henry II.-Acquisitions of English Barons-Forms of

English Constitution established-Exclusion of native Irish from them--Degeneracy of

English Settlers-Parliament of Ireland-Disorderly State of the Island-The Irish regain

Part of their Territories-English Law confined to the Pale-Poyning's Law-Royal Autho-

rity revives under Henry VIII.-Resistance of Irish to Act of Supremacy-Protestant Church

established by Elizabeth-Effects of this Measure-Rebellions of her Reign-Opposition in

Parliament-Arbitrary Proceedings of Sir Henry Sidney-James I.-Laws against Catholics

enforced-English Law established throughout Ireland-Settlements of English in Munster,

Ulster, and other Parts-Injustice attending them-Constitution of Irish Parliament-

Charles I. promises Graces to the Irish-Does not confirm them-Administration of Strafford

—Rebellion of 1641-Subjugation of Irish by Cromwell-Restoration of Charles II.—Act of

Settlement-Hopes of Catholics under Charles and James-War of 1689, and final Reduction

of Ireland-Penal Laws against Catholics-Dependence of Irish on English Parliament-

Growth of a patriotic Party in 1753

699