In dealing with the questions of property which arose from the confiscations and transfers of estates during the Civil Wars the Convention met with greater difficulties. No opposition was made to the resumption of all Crown-lands by the State, but the Convention desired to protect the rights of those who had purchased Church property and of those who were in actual possession of private estates which had been confiscated by the Long Parliament or by the government which succeeded it. The bills however which they prepared for this purpose were delayed by the artifices of Hyde; and at the close of the Session the bishops and the evicted Royalists quietly re-entered into the occupation of their old possessions. The Royalists indeed were far from being satisfied with this summary confiscation. Fines and sequestrations had impoverished all the steady adherents of the royal cause, and had driven many of them to forced sales of their estates; and a demand was made for compensation for their losses and the cancelling of these sales. Without such provisions, said the frenzied Cavaliers, the bill would be "a Bill of Indemnity for the king's enemies, and of Oblivion for his friends." But here the Convention stood firm. All transfers of property by sale were recognized as valid, and all claims of compensation for losses by sequestration were barred by the Act.

From the settlement of the nation the Convention passed to the settlement of the relations between the nation and the Crown. So far was the constitutional work of the Long Parliament from being undone that its more important measures were silently accepted as the base of future government. Not a voice demanded the restoration of the Star Chamber or of monopolies or of the Court of High Commission; no one disputed the justice of the condemnation of Ship-money or the assertion of the sole right of Parliament to grant supplies to the Crown. The Militia indeed was placed in the king's hands; but the army was disbanded, though Charles was permitted to keep a few regiments for his guard. The revenue was fixed at £1,200,000, and this sum was granted to the king for life, a grant which might have been perilous for freedom had not the taxes voted to supply the sum fallen constantly below this estimate, while the current expenses of the Crown, even in time of peace, greatly exceeded it. But even for this grant a heavy price was exacted. Though the rights of the Crown over lands held, as the bulk of English estates were held, in military tenure had ceased to be of any great pecuniary value, they were indirectly a source of considerable power. The rights of wardship and of marriage above all enabled the sovereign to exercise a galling pressure on every landed proprietor in his social and domestic concerns. Under Elizabeth the right of wardship had been used to secure the education of all Catholic minors in the Protestant faith; and under James and his successor the charge of minors had been granted to Court favourites or sold in open market to the highest bidder. But the real value of these rights to the Crown lay in the political pressure which it was able to exert through them on the country gentry. A squire was naturally eager to buy the good will of a sovereign who might soon be the guardian of his daughter and the administrator of his estate. But the same motives which made the Crown cling to this prerogative made the Parliament anxious to do away with it. Its efforts to bring this about under James the First had been foiled by the king's stubborn resistance; but the long interruption of these rights during the troubles made their revival almost impossible at the Restoration. One of the first acts therefore of the Convention was to free the country gentry by abolishing the claims of the Crown to reliefs and wardship, purveyance, and pre-emption, and by the conversion of lands held till then in chivalry into lands held in common socage. In lieu of his rights Charles accepted a grant of £100,000 a year; a sum which it was originally purposed to raise by a tax on the lands thus exempted from feudal exactions; but which was provided for in the end with less justice by a general excise.

History of the English People, Volume VI (of 8) — Part 83