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
except in London, and one in each of the two universities. No printer
who has only set up his trade within six months to exercise it any
longer, nor any to begin it in future, until the excessive multitude of
printers be diminished, and brought to such a number as the Archbishop
of Canterbury and Bishop of London for the time being shall think
convenient; but, whenever any addition to the number of master printers
shall be required, the Stationers' Company shall select proper persons
to use that calling with the approbation of the ecclesiastical
commissioners. None to print any book, matter, or thing whatsoever,
until it shall have been first seen, perused, and allowed by the
Archbishop of Canterbury, or Bishop of London, except the queen's
printer, to be appointed for some special service, or law-printers, who
shall require the licence only of the chief justices. Every one selling
books printed contrary to the intent of this ordinance, to suffer three
months' imprisonment. The Stationers' Company empowered to search houses
and shops of printers and booksellers, and to seize all books printed in
contravention of this ordinance, to destroy and deface the presses, and
to arrest and bring before the council those who shall have offended
therein.[388]
The forms of English law, however inadequate to defend the subject in
state prosecutions, imposed a degree of seeming restraint on the Crown,
and wounded that pride which is commonly a yet stronger sentiment than
the lust of power, with princes and their counsellors. It was possible
that juries might absolve a prisoner; it was always necessary that they
should be the arbiters of his fate. Delays too were interposed by the
regular process; not such, perhaps, as the life of man should require,
yet enough to weaken the terrors of summary punishment. Kings love to
display the divinity with which their flatterers invest them, in nothing
so much as the instantaneous execution of their will; and to stand
revealed, as it were, in the storm and thunderbolt, when their power
breaks through the operation of secondary causes, and awes a prostrate
nation without the intervention of law. There may indeed be times of
pressing danger, when the conservation of all demands the sacrifice of
the legal rights of a few; there may be circumstances that not only
justify, but compel, the temporary abandonment of constitutional forms.
It has been usual for all governments, during an actual rebellion, to
proclaim martial law, or the suspension of civil jurisdiction. And this
anomaly, I must admit, is very far from being less indispensable at such
unhappy seasons, in countries where the ordinary mode of trial is by
jury, than where the right of decision resides in the judge. But it is
of high importance to watch with extreme jealousy the disposition,
towards which most governments are prone, to introduce too soon, to
extend too far, to retain too long, so perilous a remedy. In the
Public-domain text, read in full here on John Shaqi.
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