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
dictated by a consciousness of wanting an armed force or money to
support it, as well as by some uncertainty as to the public spirit, in
respect at least of religion. But a government that directs its chief
attention to prevent offences against itself, is in its very nature
incompatible with that absence of restraint, that immunity from
suspicion, in which civil liberty, as a tangible possession, may be said
to consist. It appears probable, that Elizabeth's administration carried
too far, even as a matter of policy, this precautionary system upon
which they founded the penal code against popery; and we may surely
point to a contrast very advantageous to our modern constitution, in the
lenient treatment which the Jacobite faction experienced from the
princes of the house of Hanover. She reigned however in a period of real
difficulty and danger. At such seasons, few ministers will abstain from
arbitrary actions, except those who are not strong enough to practise
them.
_Disposition of the House of Commons._--I have traced, in another work,
the acquisition by the House of Commons of a practical right to enquire
into and advise upon the public administration of affairs, during the
reigns of Edward III., Richard II., and the princes of the line of
Lancaster. This energy of parliament was quelled by the civil wars of
the fifteenth century; and, whatever may have passed in debates within
its walls that have not been preserved, did not often display itself in
any overt act under the first Tudors. To grant subsidies which could
not be raised by any other course, to propose statutes which were not
binding without their consent, to consider of public grievances, and
procure their redress, either by law or petition to the Crown, were
their acknowledged constitutional privileges, which no sovereign or
minister ever pretended to deny. For this end liberty of speech and free
access to the royal person were claimed by the speaker as customary
privileges (though not quite, in his modern language, as undoubted
rights), at the commencement of every parliament. But the House of
Commons in Elizabeth's reign contained men of a bold and steady
patriotism, well read in the laws and records of old time, sensible to
the dangers of their country and abuses of government, and conscious
that it was their privilege and their duty to watch over the common
weal. This led to several conflicts between the crown and parliament;
wherein, if the former often asserted the victory, the latter sometimes
kept the field, and was left on the whole a gainer at the close of the
campaign.
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