From 1764 to 1776, there was a political crisis regarding the authority of the British Parliament over America. Yet the British case for parliamentary sovereignty was not particularly clear, and by 1774, most Americans argued that Parliament had no authority over internal affairs in America. Even English politicians and lawyers, such William Pitt the Elder and Lord Camden, argued that Parliament had no ability to tax the American colonies. In 1776, the American colonies declared their independence and a war of independence ensued, that Britain lost. But what could explain this disagreement over sovereignty? This chapter looks to several factors for explanation. These include the fact of Britain’s uncodified Constitution, which rendered it unclear which laws were in any case ‘constitutional’. There was also disagreement as to how the British Constitution applied in the colonies. Many Americans asserted that only a shared monarch connected American colonies legally to Britain and to each other, and that colonial assemblies were comparable to Parliament. There was, however, no acceptance of this in Britain, where the doctrine of undivided and unlimited sovereignty was increasingly employed by those in power.

Even before the century had ended, battle was commenced over how its momentous events would be remembered. During the years 1698–1700 a series of Roundhead memoirs and treatises – the ‘Whig canon’ – were printed. They were devoted to ‘attacking the maintenance of standing armies by the state, inveighing against priestcraft, and asserting the primacy of the ancient constitution’.1 The publisher responsible for the project was John Danby, working closely with the radical intellectual John Toland. For Danby and Toland, these works demonstrated that the revolutionary events of the century had been validated by and were a vindication of England’s ancient constitution (which now needed protection against the encroachments of William III). Fire was quickly returned by the Tory press, which began publishing Royalist memoirs and the like. It was in the midst of this that the first publication of Clarendon’s great History of the Rebellion commenced, with the first volume appearing in 1702. Clarendon’s son, Laurence Hyde, commended his father’s role ‘in preserving the constitution of our government entire’. English government repudiated political violence: ‘the nature of our excellent government hath provided, in the constitution of it, other remedies, in a Parliamentary way’ to preserve the Crown’s prerogative and the liberties of the people. In particular – and this was a topical subject given the rise of politics out of doors in the later Stuart period – the Whig habit of ‘appealing to the people out of Parliament as it were to a fourth estate of the realm’ was shown to be ‘just another way of undermining the ancient and true constitution’.2