Circumftances defigns; diftruft took poffeffion of the na

which led to the

fall of Charles I. tion; certain ambitious perfons availed them→

Vain efforts to

establish a de

felves of it to promote their own views; and the ftorm, which feemed to have blown over burft forth anew; the contending fanaticism of perfecuting fects joined in the conflict between regal haughtiness and the ambition of individuals; the tempeft blew from every point of the compafs; the conftitution was rent afunder, and Charles exhibited in his fall an awful example to the universe.

"The regal power being thus annihilated, mocratical go- the English made fruitless attempts to fubstitute a republican government in its stead.

vernment in

England.

It was a curious spectacle, fays Montefquieu, to behold the vain efforts of the English to establish among themselves a democracy. Subjected at first to the power of the principal leaders in the long parliament, they faw that power expire, only to pass without bounds into the hands of a protector. They faw it afterwards parcelled out among the chiefs of different bodies of troops; and thus fhifting without end from one kind of fubjection to another, they were at length convinced, that an attempt to eftablish liberty in a great nation, by making the people interfere in the common business of govern-. ment,

ment, is of all attempts the most chimerical; that the authority of all, with which men are amused, is in reality no more than the authority of a few powerful individuals, who divide the republic among themselves; and they at last rested in the bofom of the only conftitution, which is fit for a great state and a free people; I mean that, in which a chosen number deliberate, and a single hand executes; but in which, at the fame time, the public fatisfaction is rendered, by the general relation and arrangement of things, a neceffary condition of the duration of government." I fhall referve the confideration of the ufurpation and protectorate for the last chapter, into which it will be more orderly introduced.

Charles II.

"Charles the Second therefore was called Reftoration of over; and he experienced on the part of the people that enthusiasm of affection, which ufually attends the return from a long alienation. He could not however bring himself. to forgive them the inexpiable crime, of which he looked upon them to have been guilty. He faw with the deepest concern, that they ftill entertained their former notions with regard to the nature of the royal prerogative, and bent upon the recovery

De Lolme, ibidem, p. 54, & feq.

of

miting the prerogative.

of the ancient powers of the crown, he only waited for an opportunity to break those promises, which had procured his reftoration.

"But the very eagerness of his measures fruftrated their fuccefs. His dangerous alliances on the continent, and the extravagant wars, in which he involved England, joined to the frequent abuse he made of his authoNeceffity of li-rity, betrayed his defigns. The eyes of the nation were foon opened, and faw into his projects; when convinced at length, that nothing but fixed irresistible bounds can be an effectual check on the views and efforts of power, they refolved finally to take away thofe remnants of defpotifm, which still made a part of the regal prerogative.

Liberty improved under Charles II.

"The military services due to the crown, the remains of the ancient feudal tenures, had been already abolished; the laws against heretics were now repealed; the ftatute for holding parliaments once at least in three years was enacted; the Habeas Corpus act, that barrier of the fubject's perfonal fafety, was establifhed; and fuch was the patriotism of the parliaments, that it was under a king the most destitute of principle, that liberty received its most efficacious fupports.

"At length, on the death of Charles began a reign, which affords a most exemplary leffon

leffon, both to kings and people; for when the throne was declared vacant, and a new line of fucceffion was established, care was had to repair the breaches, that had been made in the conftitution, as well as to prevent new ones; and advantage was taken of the opportunity of entering into an original and express compact between king and people.

rare

"An oath was required of the new king more precise, than had been taken by his predeceffors; and it was confecrated as a perpetual formula of fuch oaths. It was determined, that to impofe taxes without the confent of parliament, as well as to keep up a standing army in time of peace are contrary to law. The power, which the crown had conftantly claimed, of dispensing with the laws was abolished. It was enacted, that the fubject, of whatever rank or degree, had a right to present petitions to the king. Lastly the key-stone was put to the arch by the final establishment of the liberty of the prefs.

"The revolution of 1689 is therefore the third grand æra in the history of the conftitu

tion of England. The great charter had marked out the limits, within which the royal authority ought to be confined; fome outworks were raised in the reign of Edward E e the

Exclufive right of the commons in voting aids, &c.

the Firft; but it was at the revolution, that the circumvallation was completed.

"It was at this æra, that the true principles of civil fociety were fully established. By the expulfion of a king, who had violated his oath, the doctrine of refistance, that ultimate refource of an oppreffed people, was confirmed beyond a doubt. By the exclufion given to a family hereditarily defpotic, it was finally determined, that nations are not the property of kings. The principles of paffive obedience, the divine and indefeasible right of kings, in a word, the whole scaffolding of falfe and fuperftitious notions, by which the royal authority had till then been fupported, fell to the ground, and in the room of it were fubftituted the more folid and durable foundations of the love of order, and a fenfe of the neceffity of civil government among mankind."

Mr. Acherley fays, *«That the house of befides their part in the legislacommons, ture, fhould be invefted with and fhould have, as interwoven in their conftitution, these fpecial powers, rights, and privileges, (viz.) the fole right and power over the monies and treasures of the people, and of giving and

* Britannic Constitution, fec. xii. p. 45.

granting,