The History of England in Three Volumes, Vol. I., Part F. / From Charles II. to James II.

by David Hume

It required some time before the several parts of the state, disfigured by war and faction, could recover their former arrangement; but the parliament immediately fell into good correspondence with the king; and they treated him with the same dutiful regard which had usually been paid to his predecessors. Being summoned without the king’s consent, they received, at first, only the title of a convention; and it was not till he passed an act for that purpose, that they were called by the appellation of parliament. All judicial proceedings, transacted in the name of the commonwealth or protector, were ratified by a new law. And both houses, acknowledging the guilt of the former rebellion, gratefully received, in their own name, and in that of all the subjects, his majesty’s gracious pardon and indemnity.

The king, before his restoration, being afraid of reducing any of his enemies to despair, and at the same time unwilling that such enormous crimes as had been committed should receive a total impunity, had expressed himself very cautiously in his declaration of Breda, and had promised an indemnity to all criminals, but such as should be excepted by parliament. He now issued a proclamation declaring that such of the late king’s judges as did not yield themselves prisoners within fourteen days, should receive no pardon. Nine teen surrendered themselves; some were taken in their flight; others escaped beyond sea.

The commons seem to have been more inclined to lenity than the lords. The upper house, inflamed by the ill usage which they had received, were resolved, besides the late king’s judges, to except every one who had sitten in any high court of justice. Nay, the earl of Bristol moved, that no pardon might be granted to those who had anywise contributed to the king’s death. So wide an exception, in which every one who had served the parliament might be comprehended, gave a general alarm; and men began to apprehend, that this motion was the effect of some court artifice or intrigue. But the king soon dissipated these fears. He came to the house of peers, and in the most earnest terms passed the act of general indemnity. He urged both the necessity of the thing, and the obligation of his former promise; a promise, he said which he would ever regard as sacred; since to it he probably owed the satisfaction which at present he enjoyed of meeting his people in parliament. This measure of the king’s was received with great applause and satisfaction.

After repeated solicitations, the act of indemnity passed both houses, and soon received the royal assent. Those who had an immediate hand in the late king’s death, were there excepted: even Cromwell, Ireton, Bradshaw, and others now dead, were attainted, and their estates forfeited. Vane and Lambert, though none of the regicides, were also excepted. St. John and seventeen persons more were deprived of all benefit from this act, if they ever accepted any public employment. All who had sitten in any illegal high court of justice were disabled from bearing offices. These were all the severities which followed such furious civil wars and convulsions.

The next business was the settlement of the king’s revenue. In this work, the parliament had regard to public freedom, as well as to the support of the crown. The tenures of wards and liveries had long been regarded as a grievous burden by the nobility and gentry: several attempts had been made during the reign of James to purchase this prerogative, together with that of purveyance: and two hundred thousand pounds a year had been offered that prince in lieu of them; wardships and purveyance had been utterly abolished by the republican parliament; and even in the present parliament before the king arrived in England, a bill had been introduced offering him a compensation for the emolument of these prerogatives. A hundred thousand pounds a year was the sum agreed to; and half of the excise was settled in perpetuity upon the crown as the fund whence this revenue should be levied. Though that impost yielded more profit, the bargain might be esteemed hard; and it was chiefly the necessity of the king’s situation which induced him to consent to it. No request of the parliament, during the present joy, could be refused them.

Tonnage and poundage and the other half of the excise, were granted to the king during life. The parliament even proceeded so far as to vote, that the settled revenue of the crown for all charges should be one million two hundred thousand pounds a year; a sum greater than any English monarch had ever before enjoyed. But as all the princes of Europe were perpetually augmenting their military force, and consequently their expense, it became requisite that England, from motives both of honor and security, should bear some proportion to them, and adapt its revenue to the new system of politics which prevailed. According to the chancellor’s computation, a charge of eight hundred thousand pounds a year was at present requisite for the fleet and other articles, which formerly cost the crown but eighty thousand.

Had the parliament, before restoring the king, insisted on any further limitations than those which the constitution already imposed, besides the danger of reviving former quarrels among parties, it would seem that their precaution had been entirely superfluous. By reason of its slender and precarious revenue, the crown in effect was still totally dependent. Not a fourth part of this sum, which seemed requisite for public expenses, could be levied without consent of parliament; and any concessions, had they been thought necessary, might, even after the restoration, be extorted by the commons from their necessitous prince. This parliament showed no intention of employing at present that engine to any such purposes; but they seemed still determined not to part with it entirely, or to render the revenues of the crown fixed and independent. Though they voted in general, that one million two hundred thousand pounds a year should be settled on the king, they scarcely assigned any funds which could yield two thirds of that sum. And they left the care of fulfilling their engagements to the future consideration of parliament. In all the temporary supplies which they voted, they discovered the same cautious frugality. To disband the army, so formidable in itself, and so much accustomed to rebellion and changes of government, was necessary for the security both of king and parliament; yet the commons showed great jealousy in granting the sums requisite for that end. An assessment of seventy thousand pounds a month was imposed; but it was at first voted to continue only three months; and all the other sums which they levied for that purpose, by a poll-bill and new assessments, were still granted by parcels, as if they were not as yet well assured of the fidelity of the hand to which the money was intrusted. Having proceeded so far in the settlement of the nation, the parliament adjourned itself for some time.

During the recess of parliament, the object which chiefly interested the public, was the trial and condemnation of the regicides. The general indignation attending the enormous crime of which these men had been guilty, made their sufferings the subject of joy to the people: but in the peculiar circumstances of that action, in the prejudices of the times, as well as in the behavior of the criminals, a mind seasoned with humanity will find a plentiful source of compassion and indulgence. Can any one, without concern for human blindness and ignorance, consider the demeanor of General Harrison, who was first brought to his trial? With great courage and elevation of sentiment, he told the court, that the pretended crime of which he stood accused, was not a deed performed in a corner; the sound of it had gone forth to most nations; and in the singular and marvellous conduct of it, had chiefly appeared the sovereign power of Heaven: that he himself, agitated by doubts, had often, with passionate tears, offered up his addresses to the divine Majesty, and earnestly sought for light and conviction: he had still received assurance of a heavenly sanction, and returned from these devout supplications with more serene tranquillity and satisfaction: that all the nations of the earth were, in the eyes of their Creator, less than a drop of water in the bucket; nor were their erroneous judgments aught but darkness, compared with divine illuminations: that these frequent relapses of the divine spirit he could not suspect to be interested illusions; since he was conscious, that for no temporal advantage would he offer injury to the poorest man or woman that trod upon the earth: that all the allurements of ambition, all the terrors of imprisonment, had not been able, during the usurpation of Cromwell, to shake his steady resolution, or bend him to a compliance with that deceitful tyrant: and that when invited by him to sit on the right hand of the throne, when offered riches and splendor and dominion, he had disdainfully rejected all temptations; and neglecting the tears of his friends and family, had still, through every danger, held fast his principles and his integrity.

Scot, who was more a republican than a fanatic, had said in the house of commons, a little before the restoration, that he desired no other epitaph to be inscribed on his tombstone than this: “Here lies Thomas Scot, who adjudged the king to death.” He supported the same spirit upon his trial.

Carew, a Millenarian, submitted to his trial, “saving to our Lord Jesus Christ his right to the government of these kingdoms.” Some scrupled to say, according to form, that they would be tried by God and their country; because God was not visibly present to judge them. Others said, that they would be tried by the word of God.