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All the abuses of government, from the beginning almost of the reign, are there insisted on; the Dutch war, the alliance with France, the prorogations and dissolutions of parliament; and as all these measures, as well as the damnable and hellish plot, are there ascribed to the machinations of Papists, it was plainly insinuated, that the king had, all along, lain under the influence of that party, and was in reality the chief conspirator against the religion and liberties of his people.
These last pleaded, that, since the foundation of the monarchy, no corporation had ever yet been exposed to forfeiture, and the thing itself implied an absurdity: that a corporation, as such, was incapable of all crime or offence; and none were answerable for any iniquity but the persons themselves who committed it: that the members, in choosing magistrates, had intrusted them with legal powers only; and where the magistrates exceeded these powers, their acts were void, but could never involve the body itself in any criminal imputation: that such had ever been the practice of England, except at the reformation, when the monasteries were abolished; but this was an extraordinary case; and it was even thought necessary to ratify afterwards the whole transaction by act of parliament: that corporate bodies, framed for public good, and calculated for perpetual duration, ought not to be annihilated for the temporary faults of their members, who might themselves, without hurting the community, be questioned for their offences: that even a private estate, if entailed, could not be forfeited to the crown on account of treason committed by the tenant for life; but, upon his demise, went to the next in remainder: that the offences objected to the city, far from deserving so severe a punishment, were not ever worthy of the smallest reprehension: that all corporations were invested with the power of making by-laws; and the smallest borough in England had ever been allowed to carry the exercise of this power further than London had done in the instance complained of: that the city having, at its own expense, repaired the markets, which were built too on its own estate, might as lawfully claim a small recompense from such as brought commodities thither, as a man might require rent for a house of which he was possessed: that those who disliked the condition might abstain from the market; and whoever paid, had done it voluntarily: that it was an avowed right of the subjects to petition; nor had the city in their address abused this privilege, that the king himself had often declared, the parliament often it is evident, could not be fully prosecuted but in a parliamentary manner: that the impeachment of the Popish lords was certainly obstructed by the frequent prorogations; as was also the enacting of necessary laws, and providing for the defence of the nation: that the loyalty of the city, no less than their regard to self-preservation, might prompt them to frame the petition; since it was acknowledged, that the king's life was every moment exposed to the most imminent danger from the Popish conspiracy: that the city had not accused the king of obstructing justice, much less of having any such intention; since it was allowed, that evil counsellors were alone answerable for all the pernicious consequences of any measure: and that it was unaccountable, that two public deeds, which had not, during so long a time, subjected to any, even the smallest penalty, the persons guilty of them, should now be punished so severely upon the corporation, which always was, and always must be innocent.
He continued the parliament during a year and a half by four more prorogations; but having in vain tried, by separate applications, to break the obstinacy of the leading members, he at last dissolved that assembly.
The bishops found in their records seven or eight precedents of such prorogations, and above thirty instances of the convocation having sat sometimes before, and sometimes after, a session of parliament; nay, sometimes even when the parliament was dissolved.
So, with the restoration of Charles II to the throne, when once more he was governor of Virginia, he was determined to permit no more of representative government than his commission and instructions made necessary. This he did by corrupting the Burgesses and continuing them by prorogations for many years.
They immediately voted an address for the removal of Halifax from the king's councils and presence forever. Though the pretended cause was his advising the late frequent prorogations of parliament, the real reason was apparently his vigorous opposition to the exclusion bill.
At length, after repeated prorogations, he was compelled by circumstances to convene it on the 1st of March, 1773. Washington was prompt in his attendance on the occasion; and foremost among the patriotic members, who eagerly availed themselves of this long wished for opportunity to legislate upon the general affairs of the colonies.
But the blow was averted by repeated prorogations, and Henry's sympathies were shown by the committal of Young to the Tower, by the release of Somerset, and by his promotion to the captaincy of Calais, the most important military post under the Crown. The Commons indeed still remained resolute.
The president and his party, perceiving the disposition of the house, did not think proper to communicate any proposal touching the intended reformation, and the king suffered the session to be discontinued by repeated prorogations. The parliament meeting on the nineteenth day of October, the king, in a speech of his own composing, explained the necessity of a present supply to carry on the war.
But the question of the succession was a question too vital for English freedom and English religion to remain prisoned within Elizabeth's council-chamber. It came again to the front in the Parliament which the pressure from Mary Stuart forced Elizabeth to assemble after six prorogations and an interval of four years in September 1566.
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