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
There is no room for wonder at any verdict that could be returned by a
jury, when we consider what means the government possessed of securing
it. The sheriff returned a pannel, either according to express
directions, of which we have proofs, or to what he judged himself of the
crown's intention and interest.[374] If a verdict had gone against the
prosecution in a matter of moment, the jurors must have laid their
account with appearing before the star-chamber; lucky, if they should
escape, on humble retractation, with sharp words, instead of enormous
fines and indefinite imprisonment. The control of this arbitrary
tribunal bound down and rendered impotent all the minor jurisdictions.
That primæval institution, those inquests by twelve true men, the
unadulterated voice of the people responsible alone to God and their
conscience, which should have been heard in the sanctuaries of justice,
as fountains springing fresh from the lap of earth, became, like waters
constrained in their course by art, stagnant and impure. Until this
weight that hung upon the constitution should be taken off, there was
literally no prospect of enjoying with security those civil privileges
which it held forth.[375]
_Illegal commitments._--It cannot be too frequently repeated, that no
power of arbitrary detention has ever been known to our constitution
since the charter obtained at Runnymede. The writ of habeas corpus has
always been a matter of right. But as may naturally be imagined, no
right of the subject, in his relation to the Crown, was preserved with
greater difficulty. Not only the privy council in general arrogated to
itself a power of discretionary imprisonment, into which no inferior
court was to enquire, but commitments by a single counsellor appear to
have been frequent. These abuses gave rise to a remarkable complaint of
the judges, which, though an authentic recognition of the privilege of
personal freedom against such irregular and oppressive acts of
individual ministers, must be admitted to leave by far too great
latitude to the executive government, and to surrender, at least by
implication from rather obscure language, a great part of the liberties
which many statutes had confirmed.[376] This is contained in a passage
from Chief Justice Anderson's _Reports_. But as there is an original
manuscript in the British Museum, differing in some material points from
the print, I shall follow it in preference.[377]
Public-domain text, read in full here on John Shaqi.
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