Thus emboldened, the King at length ventured to overstep the bounds which he had during some years observed, and to violate the plain letter of the law. The law was that not more than three years should pass between the dissolving of one Parliament and the convoking of another. But, when three years had elapsed after the dissolution of the Parliament which sate at Oxford, no writs were issued for an election. This infraction of the constitution was the more reprehensible, because the King had little reason to fear a meeting with a new House of Commons. The counties were generally on his side; and many boroughs in which the Whigs had lately held sway had been so remodelled that they were certain to return none but courtiers In a short time the law was again violated in order to gratify the Duke of York. That prince was, partly on account of his religion, and partly on account of the sternness and harshness of his nature, so unpopular that it had been thought necessary to keep him out of sight while the Exclusion Bill was before Parliament, lest his appearance should give an advantage to the party which was struggling to deprive him of his birthright. He had therefore been sent to govern Scotland, where the savage old tyrant Lauderdale was sinking into the grave. Even Lauderdale was now outdone. The administration of James was marked by odious laws, by barbarous punishments, and by judgments to the iniquity of which even that age furnished no parallel. The Scottish Privy Council had power to put state prisoners to the question. But the sight was so dreadful that, as soon as the boots appeared, even the most servile and hardhearted courtiers hastened out of the chamber. The board was sometimes quite deserted: and it was at length found necessary to make an order that the members should keep their seats on such occasions. The Duke of York, it was remarked, seemed to take pleasure in the spectacle which some of the worst men then living were unable to contemplate without pity and horror. He not only came to Council when the torture was to be inflicted, but watched the agonies of the sufferers with that sort of interest and complacency with which men observe a curious experiment in science. Thus he employed himself at Edinburgh, till the event of the conflict between the court and the Whigs was no longer doubtful. He then returned to England: but he was still excluded by the Test Act from all public employment; nor did the King at first think it safe to violate a statute which the great majority of his most loyal subjects regarded as one of the chief securities of their religion and of their civil rights.
When, however, it appeared, from a succession of trials, that the nation had patience to endure almost anything that the government had courage to do, Charles ventured to dispense with the law in his brother's favour. The Duke again took his seat in the Council, and resumed the direction of naval affairs.
These breaches of the constitution excited, it is true, some murmurs among the moderate Tories, and were not unanimously approved even by the King's ministers. Halifax in particular, now a Marquess and Lord Privy Seal, had, from the very day on which the Tories had by his help gained the ascendant, begun to turn Whig. As soon as the Exclusion Bill had been thrown out, he had pressed the House of Lords to make provision against the danger to which, in the next reign, the liberties and religion of the nation might be exposed. He now saw with alarm the violence of that reaction which was, in no small measure, his own work. He did not try to conceal the scorn which he felt for the servile doctrines of the University of Oxford. He detested the French alliance. He disapproved of the long intermission of Parliaments.
He regretted the severity with which the vanquished party was treated. He who, when the Whigs were predominant, had ventured to pronounce Stafford not guilty, ventured, when they were vanquished and helpless, to intercede for Russell. At one of the last Councils which Charles held a remarkable scene took place.
The charter of Massachusetts had been forfeited. A question arose how, for the future, the colony should be governed. The general opinion of the board was that the whole power, legislative as well as executive, should abide in the crown. Halifax took the opposite side, and argued with great energy against absolute monarchy, and in favour of representative government. It was vain, he said, to think that a population, sprung from the English stock, and animated by English feelings, would long bear to be deprived of English institutions. Life, he exclaimed, would not be worth having in a country where liberty and property were at the mercy of one despotic master. The Duke of York was greatly incensed by this language, and represented to his brother the danger of retaining in office a man who appeared to be infected with all the worst notions of Marvell and Sidney.
