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
In this system of Hooker and Locke, for it will be obvious to the reader
that their principles were the same, there is much, if I am not
mistaken, to disapprove. That no man can be justly bound by laws which
his own assent has not ratified, appears to me a position incompatible
with the existence of society in its literal sense, or illusory in the
sophistical interpretations by which it is usual to evade its meaning.
It will be more satisfactory and important to remark the views which
this great writer entertained of our own constitution, to which he
frequently and fearlessly appeals, as the standing illustration of a
government restrained by law. "I cannot choose," he says, "but commend
highly their wisdom, by whom the foundation of the commonwealth hath
been laid; wherein though no manner of person or cause be unsubject unto
the king's power, yet so is the power of the king over all, and in all
limited, that unto all his proceedings the law itself is a rule. The
axioms of our regal government are these: 'Lex facit regem'--the king's
grant of any favour made contrary to the law is void;-'Rex nihil potest
nisi quod jure potest'--what power the king hath, he hath it by law: the
bounds and limits of it are known, the entire community giveth general
order by law, how all things publicly are to be done; and the king, as
the head thereof, the highest in authority over all, causeth, according
to the same law, every particular to be framed and ordered thereby. The
whole body politic maketh laws, which laws give power unto the king; and
the king having bound himself to use according to law that power, it so
falleth out, that the execution of the one is accomplished by the
other." These doctrines of limited monarchy recur perpetually in the
eighth book; and though Hooker, as may be supposed, does not enter upon
the perilous question of resistance, and even intimates that he does not
see how the people can limit the extent of power once granted, unless
where it escheats to them, yet he positively lays it down, that usurpers
of power, that is, lawful rulers arrogating more than the law gives to
them, cannot in conscience bind any man to obedience.
Public-domain text, read in full here on John Shaqi.
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