Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Limitations of royal authority._--The essential checks upon the royal
authority were five in number.--1. The king could levy no sort of new
tax upon his people, except by the grant of his parliament, consisting
as well of bishops and mitred abbots, or lords spiritual, and of
hereditary peers or temporal lords, who sat and voted promiscuously in
the same chamber, as of representatives from the freeholders of each
county, and from the burgesses of many towns and less considerable
places, forming the lower or commons' house. 2. The previous assent and
authority of the same assembly was necessary for every new law, whether
of a general or temporary nature. 3. No man could be committed to prison
but by a legal warrant specifying his offence; and by an usage nearly
tantamount to constitutional right, he must be speedily brought to trial
by means of regular sessions of gaol-delivery. 4. The fact of guilt or
innocence on a criminal charge was determined in a public court, and in
the county where the offence was alleged to have occurred, by a jury of
twelve men, from whose unanimous verdict no appeal could be made. Civil
rights, so far as they depended on questions of fact, were subject to
the same decision. 5. The officers and servants of the Crown, violating
the personal liberty or other right of the subject, might be sued in an
action for damages, to be assessed by a jury, or, in some cases, were
liable to criminal process; nor could they plead any warrant or command
in their justification, not even the direct order of the king.
These securities, though it would be easy to prove that they were all
recognised in law, differed much in the degree of their effective
operation. It may be said of the first, that it was now completely
established. After a long contention, the kings of England had desisted
for near a hundred years from every attempt to impose taxes without
consent of parliament; and their recent device of demanding
benevolences, or half-compulsory gifts, though very oppressive, and on
that account just abolished by an act of the late usurper, Richard, was
in effect a recognition of the general principle, which it sought to
elude rather than transgress.
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