CHAPTER XVI. The Restoration.-Affection of the English Nation for their old Institutions. Effects of the Period of Revolution.—Military Tenures abolished—Habeas Corpus Act.-Custom of Fining Jurors for their Verdicts pronounced Illegal.-Revolution of 1688.The Bill of Rights.-The Act of Settlement.-Kingship in England since the Revolution.—Its Limitations.—Its enduring Value. -House of Lords.-Attempt to check Creation of Peers.-Benefits of the House of Peers to the Country.-House of Commons.-Borough Members.-Rotten Boroughs.-Reform Bill. THE restoration of monarchy in 1660, with the enthusiastic consent and joy of the whole nation, except a few disappointed military adventurers, and a few high-minded but fanatic zealots for aristocratic republicanism, is a great fact in our history. It proves how deeply the affection for our ancient institutions is rooted in the heart of the English people; and that the genius of our nation is incapable of reconciling itself either to the tumultuary vehemence of a single dominant popular assembly, however high may be the intellectual eminence of many of its members, or to the stern regimen of a military autocrat, whatever lustre it may derive from the successes of his foreign administration. But still the nation had not passed through these thirty eventful years between 1629 and 1660, without experiencing some permanent results on the national character. "From the time of the great revolutionary crisis, the English people had the good fortune to profit by experience, and the good sense not to give themselves up to extreme parties. RISE AND PROGRESS OF THE CONSTITUTION. 281 It is from the reign of Charles II. that this good sense, which is the political intelligence of a free people, has presided over the destinies of England. The revolution through which the English nation had just passed had terminated in three great results. "In the first place, the king could never again separate himself from the parliament. The cause of monarchy was gained, but that of absolute monarchy was lost for ever. Theologians and philosophers, like Filmer or Hobbes, might preach the dogma or maintain the principle of absolute power, and their ideas might excite the indignation or the favour of speculative thinkers or vehement partisans. In the opinion of the nation, however, the question was practically decided: royalists and revolutionists regarded the close union and the mutual control of the Crown and parliament as the right of the country, and as necessary to its interests. "In the second place, the House of Commons was in effect the preponderant branch of the parliament. Its direct or formal sovereignty was a revolutionary principle which was now generally decried and execrated; and the Crown and the House of Lords had recovered their rights and their dignity. But their overthrow had been so violent and complete, that, even after the fall of their enemies, they were unable to re-establish themselves in their ancient ascendancy; and neither the faults nor the reverses of the House of Commons could obliterate the effect of its terrible victories. The royalist party were now masters in that assembly, and, in its relations to the Crown and the administration of the country, inherited the conquests of the Long Parliament. In spite of some appearances of an opposite tendency, the preponderant influence of the House of Commons over the affairs of the country was, from the reign of Charles II., daily more obvious and decisive. "These two political facts were accompanied by one of still higher importance, relating to the religious condition of the country: the complete and definitive ascendancy of Protestantism in England was the other great result of the Revolution."* No attempt was made after the Restoration to revive some of the instruments of royal misgovernment, which the Long Parliament had overthrown. The Court of Star Chamber had been abolished, nor was it ever revived. The vexatious profits of the military tenures had been laid aside, and the 12 Car. II., c. 24, abolished military tenures altogether, converting them into common freeholds, and thus swept away those feudal rights of the Crown to wardships, primer seisins, aids, homages, &c., which had long been so burdensome to the nobility and gentry, who held lands by military tenure. There are some other statutes of this reign which deserve mention on account of their constitutional importance. The first regular parliament of Charles passed an important Act to prevent the legislature being overawed, and their votes coerced in future by riotous and seditious mobs under the guise of petitioners. That statute (13 Car. II. st. 1, c. 5) is still in force, and enacts that "no person or persons whatsoever shall repair to his Majesty or both or either of the Houses of Parliament, upon pretence of presenting or delivering any petition, complaint, remonstrance, declaration, or other addresses, accompanied with excessive number of people, nor at any one time with above the number of ten persons." * Guizot on the English Revolution. " The Habeas Corpus Act, also, which was passed in this reign (31 Car. II., c. 2), is of great constitutional value, though it by no means introduced any new principle into our system, or formed any such epoch in the acquisition of the national liberties, as some writers represent. But it made the remedies against arbitrary imprisonment short, certain, and obtainable at all times and in all cases. The statute itself enacts cr "1. That on complaint and request in writing by or on behalf of any person committed and charged with any crime (unless committed for treason or felony expressed in the warrant; or as accessory or on suspicion of being accessory before the fact to any petit treason or felony ; or upon suspicion of such petit treason or felony plainly expressed in the warrant; or unless he is convicted or charged in execution by legal process), the Lord Chancellor or any of the judges in vacation, upon viewing a copy of the warrant, or affidavit that a copy is denied, shall (unless the party has neglected for two terms to apply to any court for his enlargement) award a habeas corpus for such prisoner, returnable immediately before himself or any other of the judges; and upon the return made shall discharge the party, if bailable, upon giving security to appear and answer to the accusation in the proper court of judicature. 2. That such writs shall be indorsed as granted in pursuance of this act, and signed by the person awarding them. 3. That the writ shall be returned, and the prisoner brought up within a limited time according to the distance, not exceeding in any case twenty days. 4. That officers and keepers neglecting to make due returns, or not delivering to the prisoner or his agent within six hours after demand a copy of the warrant of commitment, or shifting the custody of the pri 6. That soner from one to another without sufficient reason or authority (specified in the Act), shall for the first offence forfeit £100, and for the second offence £200 to the party grieved, and be disabled to hold his office. 5. That no person once delivered by habeas corpus shall be re-committed for the same offence, on penalty of £500. every person committed for treason or felony, shall if he requires it, the first week of the next term, or the first day of the next session of oyer and terminer, be indicted in that term or session, or else admitted to bail, unless the queen's witnesses cannot be produced at that time; and if acquitted, or not indicted and tried in the second term or session, he shall be discharged from his imprisonment for such imputed offence; but that no person, after the assizes shall be open for the county in which he is detained, shall be removed by habeas corpus· till after the assizes are ended, but shall be left to the justice of the judges of assize. 7. That any such prisoner may move for and obtain his habeas corpus as well out of the Chancery or Exchequer, as out of the King's Bench or Common Pleas, and the Lord Chancellor or judges denying the same on sight of the warrant or oath that the same is refused, forfeits severally to the party grieved the sum of £500. 8. That this writ of habeas corpus shall run into the counties palatine, cinque ports, and other privileged places, and the Islands of Jersey and Guernsey. 9. That no inhabitant of England (except persons contracting or convicts praying to be transported, or having committed some capital offence in the place to which they are sent) shall be sent prisoner to Scotland, Ireland, Jersey, Guernsey, or any places beyond the seas within or without the queen's dominions, on pain that the party committing, his advisers, aiders, and assistants, |